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Documents  on 
County  Government 


Index 

[Including  index  to  articles  in  the 
volume  of  the  Annals  of  the 
American  Academy  of  Social  and 
Political  Science  on  County 
Government  (Vol.  XVII,  May, 
1913)]. 


THE   NATIONAL   SHORT    BALLOT   ORGANIZATION 
383  Fourth  Avenue,  New  York  City 


'a 
KEY 


A. — Annals  of  the  American  Academy  of  Political  and  Social  Science.  Vol.  XLVII,  May  1913, 
"COUNTY  GOVERNMENT."  This  volume  is  not  included  in  the  binder.  It  contains  23 
separate  monographs  and  has  its  own  table  of  contents  and  index. 

B. — "Proceedings  of  the  First  Conference  for  Better  County  (lovernment  in  New  York  State," 
Schenectady,  N.  Y.,  Nov.  13-14,  191-1 — The  County  Government  Assn.,  White  Plains.  N.  Y. 

C. — "Proceedings  for  the  Study  and  Reform  of  County  Government,"  First  Meeting,  Dec  8, 
1913,  at  the  City  Club,  N.  Y.  City — The  National  Short  Ballot  Organization,  381  Fourth 
Ave.,  New  York. 

D. — "Proceedings  of  the  Conference  for  the  Study  and  Reform  of  County  Government,"  Second 
Meeting,  Jan.  22,  1914,  at  the  City  Club,  New  York  City — National  Short  Ballot  Organiza- 
tion, 381  Fourth  Ave.,  New  York  City. 

E. — "Proceedings  of  the  Conference  for  the  Studv  and  Reform  of  County  Government,"  Third 
Meeting,  Feb.  20,  1914,  at  the  City  Club,  New  York  City — National  Short  Ballot  Organi- 
zation, 381  Fourth  Ave.,  N.  Y.  City.  • 

F. — Report  of  the  Comptroller  of  the  State  of  New  York,  Fiscal  Affairs  of  the  County  of  Orange 
for  the  year  ending  October  31,  1913 — National  Short  Ballot  Organization,  381  Fourth 
Ave.,  New  York  City. 

G. — "The  Government  of  Hudson  County,  N.  J.,"  by  Earl  \V.  Crecraft — Jersey  City,  N.  J.,  1915. 

H. — "Milwaukee  County  Government" — The  City  Club,  Milwaukee,  Wis. 

I "The  Office  of  the  Clerk  of  the  Circuit  Court   and  the  Office  of  the   Clerk   of  the   Superior 

Court  of  Cook  County,  111." — The  Chicago  Bureau  of  Public  Efficiency. 

J. "The  Office  of  County  Treasurer  of  Cook  County,  111." — Chicago  Bureau  of  Public  Efficiency. 

Efficiency. 

K. "Administration  of  the  Office  of  Coroner  of  Cook  County,   111." — Chicago  Bureau  of  Public 

Efficiency. 

KK. "The  Office  of  Coroner  in  New  York  City" — National  Short  Ballot  Organization,  381  Fourth 

Ave.,   New   York   City. 

L. "The  Judges  and  the  County  Fee  Offices" — Chicago  Bureau  of  Public  Efficiency. 

M, "A    Second    Plea    for    Publicity    in    the    Office    of    County    Treasurer" — Chicago    Bureau    of 

Public  Efficiency. 

N. "The  Nineteen  Local  Governments  in  Chicago" — Bureau  of  Public  Efficiency. 

O "Putting  Character   Into  the  Counties" — Walter   Dyer — National    Short    Ballot    Organization, 

381   Fourth  Ave.,  New  York  City. 

p "Method  and  Cost  of  Collecting  Taxes  in  Westchester  County" — Westchester  County  Re- 
search Bureau,  White  Plains,  N.  Y.— 1911. 

Q "Why*  i^e^  .York   l^efc<is.' »t 3ta5e    Police" — Committee    for    a    State    Police,    20    Vesey    St., 

New   York- City..    ••     :   ;•' ;  •.  .• 

j> "TiJi  Trta»biohI  aSd*<=are  erf  the  1n"sane  in  Pennsylvania,"  by   Floyd  Haviland,   M.D., 

l'«i»)lfc;Cl|a6il?<*  A^-'of 'l*^iUis^lyania,   Empire   Bldg..   Philadelphia,   Pa. 

c "Study  of  County  Government  Within  the  City  of  New  York  and  a  Plan  for  its  Reorganiza- 
tion" prepared  for  the  Constitutional  Convention,  1915,  by  the  Commissioner  of  Account* 
and 'the  City  Chamberlain,  N.  Y.  City. 

T.— Report  of  the  City-County  Committee  of  the  American  Political  Science  Assn.— by  Clyde 
Lyndon  King. 


—The 


.. »  u.iva   icoiganization  ot   necessary, 

A.  239-241 ;  city  and  county  officers  in ; 
consolidation  of,  A.  239;  the  govern- 
ment of,  M.  L.  Requa,  A.  237-247;  pro- 
posed system  of  federation,  A.  11  and 
T.  3 ;  short  ballot  for  officials,  A. 
247 ;  receipts  and  expenditures  of,  A. 
238. 

Alabama — Political  functions  of  county 
in,  A.  90. 

Albany  County,  N.  Y. — Claims  filed  with 
supervisors  in  advance  of  auditing,  E. 
22. 

Albion  Reformatory  in  New  York — Es- 
tablishment of,  E.  3. 

Almshouse — Reforms  in  conditions  in, 
begun  in  Westchester  County,  D.  7 ; 
most  important  county  institutions,  its 
origin  and  development,  D.  6;  kinds  of 
inmates  found  there  in  1870,  D.  7 ; 
improvement  impossible  under  present 
system  of  county  government,  D.  11; 
administration  of,  by  superintendent 
of  poor,  board  of  supervisors  and 
almshouse  commission  very  unsatis- 
factory, D.  9;  cases  for  physical  ex- 
amination of,  no  adequate  provision 
for.  D.  9;  budget,  no  attempt  to  make, 
D.  9.     See  also  Hudson  County,  N.  J. 

Assessment  valuations — duplicating  of, 
and  system  radically  wrong  and  unfair, 

B.  31 ;  inequalities,  method  of  eliminat- 
ing, B.  33;   should  be   fair  and  just, 


±:-.  10 ;  lacK  or  emciency  and  little  ac- 
complished by  large  boards,  E.  16; 
members  overpaid  with  but  few  excep- 
tions, E.  14;  power  of,  to  appoint 
county  auditor,  under  the  law  in  New 
York,  E.  20;  present  system  should  be 
re-constructed  to  meet  modern  condi- 
tions, E.  19;  should  be  abolished  or 
allowed  to  exercise  only  purely  legisla- 
tive functions,  E.  19;  audit  of  claims 
by.  E.  16;  small  board  of  efficient  offi- 
cers needed,  B.  6;  final  power  of  audit 
under  control,  B.  41.  See  also  individ- 
ual states  and  counties. 

Boston — litigation  expenses,  unjust  pro- 
portion of,  paid  by,  A.  136-138;  144- 
150;  municipalities,  consolidation  plan. 
A.  151-152;  metropolitan  Boston,  area 
and  population,  A.  151  ;  courts,  judges: 
appointment  of,  A.  135;  county  sup- 
plies :  purchase  of,  system  expensive, 
A.  149;  county  problems,  Hormell,  Or- 
ren  C,  A.  134-152;  county  finance,  sys- 
tem defective,  A.  148;  taxation,  no  le- 
gal limit  for  county  purposes,  A.  148: 
finance  comm.,  powers  of,  A.  148; 
public  officials,  county  work  of,  A.  142. 

Boundaries— modification  of  county,  nec- 
essary, A.  17. 

Broome  County,  N.  Y. — board  of  super- 
visors ;  conditions  re  large  payments  to 
clerk,  would  not  have  been  possible  or 
would  have  been  discovered  before  if 
board  had  performed  duties  properly, 


3G045J. 


^.■^ 


KEY 


A. — Annals  of  the  American  Academy  of  Political  and  Social  Science.  Vol.  XLVII,  May  1913, 
"COUNTY  GOVERNMENT."  This  volume  is  not  included  in  the  binder.  It  contains  23 
separate  monographs  and  has  its  own  table  of  contents  and  index. 

B. — "Proceedings  of  the  First  Conference  for  Better  County  Government  in  New  York  State," 
Schenectady,  N.  Y.,  Nov.  13-14,  1914 — The  County  Government  Assn.,  White  Plains,  N.  Y. 

C. — "Proceedings  for  the  Study  and  Reform  of  County  Government,"  First  Meeting,  Dec.  8, 
1913,  at  the  City  Club,  N.  Y.  City — The  National  Short  Ballot  Organization,  381  Fourth 
Ave.,  New  York. 

D. — "Proceedings  of  the  Conference  for  the  Study  and  Reform  of  County  Government,"  Second 
Meeting,  Jan.  22,  1914,  at  the  City  Club,  New  York  City — National  Short  Ballot  Organiza- 
tion, 381  Fourth  Ave.,  New  York  City. 

E. — "Proceedings  of  the  Conference  for  the  Study  and  Reform  of  County  Government,"  Third 
Meeting,  Feb.  20,  1914,  at  the  City  Club,  New  York  City — National  Short  Ballot  Organi- 
zation, 381  Fourth  Ave.,  N.  Y.  City.   • 

F. — Report  of  the  Comptroller  of  the  State  of  New  York,  Fiscal  Affairs  of  the  County  of  Orange 
tor  the  year  ending  October  31,  1913 — National  Short  Ballot  Organization,  381  Fourth 
Ave.,  New  York  City. 

G. — "The  Government  of  Hudson  County,  N.  J.,"  by  Earl  VV.  Crecraft — Jersey  City,  N.  J.,  1915. 

H. — "Milwaukee  County  Government" — The  City  Club,   Milwaukee,  Wis. 

I. "The  Office  of  the  Clerk  of  the  Circuit  Court   and  the  Office  of  the   Clerk  of  the   Superior 

Court  of  Cook  County,  111." — The  Chicago  Bureau  of  Public  Efficiency. 

J. "The  Office  of  County  Treasurer  of  Cook  County,  111." — Chicago  Bureau  of  Public  Efficiency. 

Efficiency. 

K. "Administration  of  the  Office  of  Coroner  of  Cook  County,   111." — Chicago  Bureau  of   Public 

Efficiency. 

KK. "The  Office  of  Coroner  in  New  York  City" — National  Short  Ballot  Organization,  381  Fourth 

Ave.,   New   York   City. 

L. "The  Judges  and  the  County  Fee  Offices" — Chicago  Bureau  of  Public  Efficiency. 

yi "j\    Second    Plea    for    Publicity    in    the    Office    of    County    Treasurer" — Chicago    Bureau    of 

Public  Efficiency. 

N. "The  Nineteen  Local  Governments  in  Chicago" — Bureau  of  Public  Efficiency. 

O. "Putting  Character   Into   the  Counties" — Walter    Dyer — National    Short    Ballot   Organization, 

381   Fourth  Ave.,  New  York  City. 

p "Method  and  Cost  of  Collecting  Taxes  in  Westchester  County" — Westchester  County  Re- 
search Bureau,  White  Plains,  N.  Y.— 1911. 

Q "Why' J^e^  .York   'Ncfccis.' »:3ta5e    Police" — Committee    for    a    State    Police,    20    Vesey    St., 

New  York-'Citys    **    Z   .'  \  v.- 

o "Tjjj  Trt.it&ichi  aYKf-Carc  of  t'ne  Trfsane  in  Pennsylvania,"  by   Floyd  Haviland,   M.D., — The 

l"^hl^:CI|a£iti<».A^-' of  •I*"^.'^'*.y'y''"'''»'  Einpi""":   Bids-.  Philadelphia,  Pa. 

c "Study  of  County  Government  Within  the  City  of  New  York  and  a  Plan  for  its  Reorganiza- 
tion "  prcnarcfl  for  the  Constitutional  Convention,  1915,  by  the  Commissioner  of  Accounts 
and 'the  City  Chamberlain,  N.  Y.  City. 

T.— Report  of  the  City-County  Committee  of  the  American  Political  Science  Assn. — by  Clyde 
Lyndon  King. 


Accounting — FatSjfcjtatements  often  in- 
correct, E.  l2^9;  modern  systems 
needed,  B.  13 ;  situation  in  counties, 
A.  201;  suggested  system,  A.  210-212; 
State  laws  re,  A.  203-209;  uniform 
system  to  include  all  towns  and  incor- 
porated villages,  E.  13;  uniformity  in 
state  supervision  necessary,  T.  10; 
uniform,  states  having  in  counties,  A. 
202;  uniform  system  needed,  A.  201- 
202;  uniform,  advantages  of,  A.  202. 
See  also:  Alameda  county,  board  of 
superiisors,  budgets,  Illinois,  Missouri. 

Accounts — Examination  of,  recovered 
taxpayers'  money  illegally  expended, 
E.  13 ;  examinations  of,  showed  not 
a  single  county  in  compliance  with 
many  provisions  of  law,  E.  13 ;  exam- 
ination of,  by  State  Comptroller  begun 
in  1907,  E.  13. 

Administrative  code — C.  27. 

Administrative  head,  lack  of  in  counties, 

C.  19. 

Alameda  County,  Cal. — Accounting  sys- 
tem  and   reorganization  of  necessarj', 

A.  239-241 ;  city  and  county  officers  in ; 
consolidation  of,  A.  239 ;  the  govern- 
ment of,  M.  L.  Requa,  A.  237-247;  pro- 
posed system  of  federation,  A.  11  and 
T.  3;  short  ballot  for  officials,  A. 
247;  receipts  and  expenditures  of,  A. 
238. 

Alabama — Political  functions  of  county 
in,  A.  90. 

Albany  County,  N.  Y. — Claims  filed  with 
supervisors  in  advance  of  auditing,  E. 
22. 

Albion  Reformatory  in  New  York — Es- 
tablishment of,  E.  3. 

Almshouse — Reforms  in  conditions  in, 
begun  in  Westchester  County.  D.  7 ; 
most  important  county  institutions,  its 
origin  and  development,  D.  6 ;  kinds  of 
inmates  found  there  in  1870,  D.  7 ; 
improvem.ent  impossible  under  present 
system  of  county  government,  D.  11; 
administration  of,  by  superintendent 
of  poor,  board  of  supervisors  and 
almshouse  commission  very  unsatis- 
factory, D.  9 ;  cases  for  physical  ex- 
amination of,  no  adequate  provision 
for,  D.  9;  budget,  no  attempt  to  make, 

D.  9.    See  also  Hudson  County,  N.  J. 
Assessment    valuations — duplicating    of, 

and  system  radically  wrong  and  unfair, 

B.  31 ;  inequalities,  method  of  eliminat- 
ing,  B.   33;   should  be   fair   and   just, 


B.  30;  County,  state  supervision  of, 
John  E.  Brindley,  A.  213-226;  system 
of  in  counties,  A.  219.  See  also  Taxa- 
tion. 

Assessor — lack  of  supervision  of  work 
in  Missouri,  A.  54;  creation  of  office 
in  countries,  A.  219-225 ;  advantages  of 
county,  A.  216;  need  of  trained,  B.  37- 
38.  See  also  Attorney.  See  County 
A  ttorney. 

Auditor — See  county  auditor. 

Bedford  Reformatory',  N.  Y. — establish- 
ment of,  E.  3. 

Board  of  supervisors — accounts  and 
charges  audited  and  none  paid  without 
sanction,  B.  41 ;  elected  by  political 
organizations  and  not  re-elected  if  re- 
quirements of,  are  not  met  with,  E. 
16;  members,  efficiency  of,  not  consid- 
ered in  selection  on  account  of  politics, 
E.  16;  examples  of  lack  of  business 
methods,  payments  to  county  attorneys, 
E.  18;  largely  responsible  for  illegal 
transactions  or  for  their  continuation, 
E.  15 :  lack  of  efficiency  and  little  ac- 
complished by  large  boards,  E.  16; 
members  overpaid  with  but  few  excep- 
tions, E.  14;  power  of,  to  appoint 
county  auditor,  under  the  law  in  New 
York,  E.  20;  present  system  should  be 
re-constructed  to  meet  modern  condi- 
tions, E.  19;  should  be  abolished  or 
allowed  to  exercise  only  purely  legisla- 
tive functions,  E.  19;  audit  of  claims 
by,  E.  16;  small  board  of  efficient  offi- 
cers needed,  B.  6;  final  power  of  audit 
under  control,  B.  41.  See  also  individ- 
ual states  and  counties. 

Boston — litisfation  expenses,  unjust  pro- 
portion of,  paid  by,  A.  136-138;  144- 
150;  municipalities,  consolidation  plan, 
A.  151-152;  metropolitan  Boston,  area 
and  population,  A.  151 :  courts,  judges: 
appointment  of,  A.  135 ;  county  sup- 
plies :  purchase  of.  system  expensive, 
A.  149;  county  problems,  Hormell,  Or- 
ren  C,  A.  134-152:  county  finance,  sys- 
tem defective,  A.  148;  taxation,  no  le- 
gal limit  for  coimty  purposes,  A.  148: 
finance  comm.,  powers  of,  A.  148; 
public  officials,  county  work  of,  A.  142. 

Boundaries — modification  of  countj%  nec- 
essary, A.  17. 

Broome  County.  N.  Y. — board  of  super- 
visors ;  conditions  re  large  payments  to 
clerk,  would  not  have  been  possible  or 
would  have  been  discovered  before  if 
board  had  performed  duties  properly, 


o  ("  .<\  1  rT 


E.   15;   county  funds,  drawn   from  at 
will  by  one  official,  E.  14;  government 
of,  corrupt,  C.  2-3. 
Budget — advantages    of    in    county,    A. 
211;   boards    for   making   of,   A.  211; 
publicity  concerning  necessary,  A.  266; 
responsibility    for,    in    New    England, 
counties,  A.  34;  economy  and  efficiency 
in  expenditures  of  counties,  Boyle,  J. 
E.,  A.  199-212.    Importance  of  true  es- 
timates   re,    B.     46;     county    auditor 
should  assist  in  preparing,  B.  46.    See 
also    almshouse,   Hudson    County,   N. 
J.,  Milwaukee  County,  New  England, 
Nezv  York  State,  Erie  County,  N.  Y. 
California — board  of  supervisors,  A.  9; 
board  of  freeholders,  A.  9;   attempts 
for  better  county  government,    B.   4; 
civil    service   in   counties   of,   A.    101 ; 
county  charters — constitutional  amend- 
ment, provisions  of,  A.  299-231 ;  coun- 
ties,  limited   constitutional   home   rule 
adopted  by,  A.  9;  procedure  for  adop- 
tion of  county  charters,  A.  9;  county 
home  rule  in ;  the  Los  Angeles  county 
charter.    Works,    Lewis    R. ;    A.    229- 
236;  political  status  of  county  in,  A. 
100;   state  law   regarding  county  offi- 
cers, A.  234.  See  also  Alameda  county, 
Los  Angeles,  San  Bernardino. 

Campaign  funds — collection  and  distribu- 
tion of,  A.  95. 

Canada,    county    judge,    supervision    of 
cases  by,  B.  56. 

Charities.     See  Burritt,  Bailey  B.,  poor, 
insane  in  Pennsylvania. 

Charters.     See  California;  county  char- 
ters. 


CHICAGO    AND    COOK    COUNTY, 
ILL. 

City  government,  organization  of,  N.  17; 
Cook  county  and  Chicago,  N.  15; 
county  government,  organization,  coun- 
ty board,  duties,  N.  19-21 ;  county 
clerk,  X.  22;  county  treasurer,  duties 
and  salary,  N.  21 ;  elective  officials,  no 
central  co-ordinating  of  officials  or 
body,  N.  19;  general  asseml)ly,  con- 
tinual interference  of,  in  matters  of 
local  administration.  N.  9:  local  gov- 
ernments— service  of  inefficient  and 
waste  of  public  revenues  large.  N.  13: 
unification  of  would  produce  efficiency 
and  reduce  waste.  N.  13;  the  nineteen 
local  governments  in  Chicago,  N. ;  park 
districts,  organization,  N.  27-28;  park 
governments,  consolidation  would  pro- 
duce efficiency  and  save  city  large  sum 
of  money,  N.  13;  organization.  N.  29- 
30;  public  utilities  commission,  an  ad- 
ditional governmental  agency,  N.  9; 
sanitary  district,  government  of,  N.  23- 


24;  short  ballot,  much  needed,  N.  13- 
32;  townships,  N.  16. 
Circuit  court  supplemental  investigation, 
I.  10;  office  of  clerk  of  circuit  court, 
reforms  needed,  I.  5  ;  circuit  court  clerk, 
reducing  of  staff  of,  recommended  by 
Chicago   Bureau  of    Public   Efficiency, 
but  no  reductions  ordered  by  judges, 
L.  2 :   Civil  service  administration  in, 
A.  lOS-109;  Clerk  of  circuit  court,  su- 
perior court,  record  writing  and  folio 
divisions:  consolidation  urged,  1.  7-11- 
13. 
Coroner,  use  of  stenographic  reports  of 
testimony  furnished  by  Public  Service 
Corporations,  K.  10-46-49;  Profession- 
al jury  system  worse  abuse  of   office 
and  should  be  abolished,  K.  7-8 ;  Jurors 
certificates,     recommendations     re    by 
Chicago   Bureau   of   Public   Efficiency. 
K.  9-10;  Unofficial  clerks.  K.  10;  Rec- 
ords,   system    of    keeping,    many    im- 
provements made,   K.   12-13;   Election 
of;  should  not  be  elective,  K.  14;  Staff 
and    recommendations    re,    K.    14-15; 
Chief  functions  of,  office  of,  K.  17-18; 
Average     coroner     unfit     to     conduct 
technical    legal   matters   and   technical 
medical   matters,    of    which    his    office 
consists,  C.  21 ;  Functions  of  very  vital 
to  administration  of  justice,  C.  21  ,  Re- 
porters, number  necessary  and  recom- 
mendations,   K.   50-52;    Statistical,   K. 
55-58;    Records   and    forms — financial, 
K.   52-55 ;    Organization   of   office,   K. 
26-28;  Inquest  fees.  K.  29-30:  Statutory 
requirements,  K.  30:  Receipts  and  cus- 
tody of  estates,  K.  30-32;  Estates,  han- 
dling of,  disposition  of  estates,  K.  32- 
34 :    Jurors,    method    of    selection,    by 
deputy  of   morgue,   K.   35-36;   Jurors, 
fees,    K.   9-41  ;    Trafficking   in    jurors* 
certificates  should  be  abolished,  K.  9- 
42-45 ;    Murder  cases,  preservation  of 
evidence.  K.  58-60;   Death  certificates, 
K.  60-63;    One  additional   employee — 
recommended  by  Chicago  Bur.  of  Pub- 
lic    Efficiency,     but     four     given     by 
judges,    L.    2;    Death    certificates,    K. 
60-63. 
County  Collectors — Conditions  resulting 
from    manner   in    which   accounts    are 
operated,  J.  46-49. 
Judges — Committee  report  of  to  circuit 
court  and   recommendations,   L.  5-15; 
.\nd  county  fee  officers,  L. 
Judges  of   Circuit   Court — No  attention 
paid   by  recommendations  of  Chicago 
Bureau    of     Public    Efficiency.    L.    3; 
Eiglit     additional     employees     allowed 
treasurer  despite  indications  of  waste- 
fully  managed  office.  L.  1. 
Judges  of  circuit  court — No  steps  t.iken 
by  to  overcome  treasurer's  opposition 
to  inquiry,   L.   1. 


Public  funds — Useless  expenditure  of 
should  be  stopped  and  suggestions  re, 
I.  5-6. 

Public  revenues — Waste  of  by  useless 
officials  should  be  stopped,  L.  1-3. 

Recorder — Six  unnecessary  employees 
ordered  for,  L.  3. 

Sheriff's  staff — reduction  of  recom- 
mended, but  increased  by  judges,  L.  1. 

Superior  Court  Office — employment  of 
unnecessary  clerks,  I.  7-8, — 17-18;  Sup- 
plemental investigation  and  results,  I. 
15-16;  general  staff,  changes  in,  I.  18- 
19;  Recommendations  by  Bureau  in 
former  report,  I.  21-22;  ^Minute  clerks, 
I.  22 ;  Clerkships  recommended  for 
1913,  I.  22-22;  Clerk:  reduction  of 
staff  recommended  but  number  of  em- 
ployees increased  by  judges,  L.  2. 

Taxing  Bodies — Remittances  of  collec- 
tions to,  J.  49-50. 

Treasurer — Voters  urged  to  insist  on 
publicity  in  management  of  public) 
business,  M.  10;  Accounts,  objections 
by,  to  inspection  of  books  or  investi- 
gations of  operations  of  office,  M.  4; 
original  plea  for  publicity,  showing 
reasons  why  books  should  be  regarded 
as  public  documents,  M.  3-4;  Accounts, 
examination  of,  bj'  citizens  and  taxpay- 
ers objected  to  but  afterwards  permit- 
ted, M.  5 ;  Accounts,  examination  of, 
showed  no  entries  in  treasurer's  ac- 
counts, with  banks  or  earnings  in  bank 
deposits,  M.  6;  Interest  on  daily  cash 
balances  for  year  1911  estimated  to  be 
$130,968.79  short,  M.  6-7;  Circuit  court 
judges,  duty  of  to  fix  number  of  em- 
ployees in  office  of  and  difficulties  re, 
M.  6-7;  Report  on  office  of,  showing 
necessity  of  an  investigation,  'SI.  6-8; 
Interest  on  funds,  no  inquiry  made  in 
1911  and  resolution  passed  bj^  county 
board  freeing  treasurer  of  all  accruing 
claims,  M.  7;  Minority  of  commission- 
ers have  tried  to  force  treasurer  to  ac- 
count for  interest  earned  and  to  open 
books  for  public  inspection,  but  have 
failed,  M.  7-9;  Investigation  of  records 
of,  re  handling  of  public  funds  and 
interest  on  them,  M.  4-5. 

Treasurer,  (Chicago,  City)  Accounts, 
obliged  to  permit  examination  of,  M. 
9;  Inheritance  taxes,  two  per  cent,  of 
taken  by  treasurer  for  handling  of,  M. 
9;  Salary  paid  out  of  funds  in  his  pos- 
session and  no  adequate  supervision  of 
to  insure  proper  payments,  ^I.  9;  In- 
terest on  funds,  payments,  no  itemized 
statement  made  and  no  method  of  as- 
certaining correctness  of,  ]M.  10;  In- 
terest on  funds,  taken  by  treasurer  for 
many  years,  M.  10;  Books  and  records 
should  be  open  to  public  inspection,  M. 


8-11;  Plea  for  publicity  in  office  of 
county  treasurer,  M. ;  Fees  regarded  as 
"spoils"  and  retained  for  personal  use, 
J.  5-6. 

Treasurer — Books  and  records  should  be 
open  to  public  inspection,  M.  8-11; 
Plea  for  publicity  in  office  of  county 
treasurer,  M. ;  Records,  public  and  pri- 
vate records,  kept,  but  important  en- 
tries regarding  receipt  of  taxes  not  in 
public  records,  J.  5 ;  Right  of  citizens, 
taxpayers  and  County  Board  to  exam- 
ine private  records  denied  by,  J.  15- 
16;  Legislative  changes  necessary,  J. 
18-19-29;  Remittances  to  taxing  bodies 
withheld,  J.  17;  Commissions  as  ex- 
officio  "town  collector"  and  two  per 
cent,  on  inheritance  taxes  added  to  sal- 
ary, J.  17-18;  County  collector,  duties, 
J.  22;  Absolute  power  of,  over  funds, 
J.  24-25;  Bonds  required  of,  J.  25-26; 
Public  inspection  of  permitted  and 
facts  disclosed,  J.  32-33 ;  Accounts,  ab- 
solutely no  auditing,  J.  51 ;  Should  be 
open  to  inspection,  J.  51;  Funds,  inter- 
est on,  investigation  of,  by  Chicago 
Bureau  of  Public  Efficiency,  J.  49-61 ; 
Salary,  J.  26-28. 

Children.  See  Pennsylvania  charities. 
Children's  Aid  Society  of  Pennsylva- 
nia, establishment  of.  A.  179.  5"^^  also 
State  Board  of  Children's  Guardians, 
under  Hudson  County,  N.  J. 

Civil  service — application  of,  to  county, 
A.  4,277;  administration  in,  success  of, 
A.  108;  use  of  necessary,  A.  103-104; 
extension  of  in  counties.  A.  147 ;  Civil 
Service  and  the  Merit  Svstem.  Belcher, 
Robt.  W.,  A.  101-111.  'See  also  Colo- 
rado, Cook  County,  III.;  Denver,  Colo.; 
Hudson  County,  N.  J.;  Milwaukee 
County,  New  Jersey,  New  York  State, 
Pennsylvania. 

Clerk  of  court,  in  Vermont,  A.  28.  See 
also  Cook  County,  III.:  County  Clerk. 

Collector.    See  County  Collector. 

Colorado,  civil  service  in  counties  of, 
A.   101. 

Commission  form  of  government,  merits 
of  ;  most  vital  ones  are  the  short  ballot 
and  unification  of  powers,  C.  6. 

Committee  system  of  audit — failure  of 
in  New  York  State  through  lack  of 
knowledge,  B.  42-43. 

Commissioner  system,  in  the  South,  A.  5. 

Comptroller.    See  County  Comptroller. 

Connecticut,  Clerk  of  court  in,  A.  28 ; 
county  representatives  in,  21 ;  county 
officers,  A.  36. 

Constabular)'.  See  Pennsylvania;  Caw- 
croft,  Ernest. 

Coroner's  office — Abolishment  of.  by  Jo- 
seph   DuVivier,    D.    12-17;    quotations 


from  reports  of,  showing  inefficiency, 
D.  14;  cases  of  criminal  origin  are 
tew,  and  investigations  of  an  extrava- 
gance, D.  15 ;  difficult  to  abolish  under 
present  form  of  county  government, 
D.  16;  expense  of,  investigation,  ju- 
rors, subpoenaed,  etc.,  are  a  waste  of 
money,  D.  16;  an  obstruction  and  un- 
necessary expense,  D.  12-14-15 ;  sug- 
gested improvements  in,  D.  18;  sys- 
tem wasteful  and  extravagant,  D.  13- 
14-15;  a  useless  office  that  attracts  only 
inefficient,  incompetent  men,  D.  13; 
Schultz,  Oscar  T.,  A.  112-119;  admin- 
istration of,  is  poor,  A.  113;  attempts 
to  abolish,  A.  118;  chief  duties  in  most 
states,  A.  113;  deaths,  investigations  of, 
medical  training  necessary,  A.  114-117; 
suggestions  for  improvement  in,  A. 
118;  medical  duties  inadequately  per- 
formed, through  lack  of  training,  A. 
115;  Oscar  T.  Schultz,  A.  112-119.  Sec' 
also  Cook  County,  III.;  Hudson  Coun- 
ty, N.  J.;  New  England,  New  York. 
Correctional  institutions — state  adminis- 
tration of,  better  than  any  other  cor- 
rectional administration  because  more 
attention  given  to,  E.  2 ;  lesser  institu- 
tions, no  improvement  in  administra- 
tion of  possible  until  under  state  con- 
trol, E.  1  ;  under  three  different  man- 
agements, E.  2.    See  also  county  jails. 


COUNTY. 

County — Importance  of  in  different  sec- 
tions of  country,  A.  15;  Types  of, 
C.  23;  Organization,  development 
of,  A.   18-20;    Political   duties  of, 

A.  90;  Political  importance  of,  A. 
92-93 ;  Size  and  population,  varia- 
tion of,  A.  16-17;  Structural  de- 
fects, .\.  7-8;  In  Xew  York  State, 
conditions  found,  the  result  of  il- 
legal and  improper  practices  cover- 
ing many  previous  years,  E.  15. 

Auditor— Kuck,    Geo.    S.,    B.    40-47; 

Action  of,  final  but  may  be  re- 
newed by  Board  of  Supervisors,  K. 
20;  May  be  appointed  by  supervi- 
sors, E.  20;  Is  servant  of  board 
and  if  action  of  is  not  aporoved  he 
loses  his  office,  E.  20-21  ;  Laws  of 
1910  re.  B.  41 ;  In  New  York  State, 
term  and  salarv  fixed  bv.  pursuant 
to  laws  of  1910'.  B.  41  ;  Question  of 
appointment  or  election,  R.  43-44; 
duties  of  under   \.   Y.  State  laws, 

B.  41  ;  Should  liave  nmrc  power,  B. 
43-44;  Powers  limited  unless 
backed  by  lio.ird  giving  full  author- 
ity, B.  41-44;  Choice  of,  by  popu- 
lar election,  question  of,  K.  20; 
See  also  Hudson  County,  .V.  ./., 
New  England,  Eric  County,  N.  }'. 


Attorney — Removal  of  from  poli- 
tics, A.  275 ;  In  one  case  employed 
at  $3,000  with  duties  of  attorney 
and  counselor  for  county  offices, 
boards  and  committees  and  large 
sum  also  paid  another  attorney,  R 
18;  charge  of  $10,000  for  services 
in  acquiring  title  to  $21,000  worth 
of  property,  E.  18;  classification  of 
legal  services  for  which  he  was 
paid  over  $13,000  when  county  al- 
ready had  an  attorney,  E.  18. 

•  Boards — length  of  terms,  A.  21. 

•  Charters — right  of  counties  to  draft, 

C.  1.  See  also  Works,  Lewis  R. 

Clerk— Illegally  paid  about  $10,000, 
and  board  of  supervisors  when  no- 
tified raised  salary  to  $3,000  a  year 

in    addition E.     18.     See    also 

Hudson    County,    N.    J.;    Orange 
County.  N.  Y. 

Comptroller — powers  verv  limited  in 
New  York,  B.  41 ;  In  New  York 
State,  general  county  law  re,  B. 
42 ;  should  be  elective — C.  20 ;  final 
auditing  not  done  by  and  work 
consists  of  recommendations  to 
board  of  supervisors,  E.  21. 

Collector — duties  in  Xew  Jersey,  A. 
55. 
See  also  Hudson  County,  N.  J. 

Communitv  and  Its  Government, 
Wm.  L.  Bailey,  A.  14-25. 

Court — Should  convene  court  any- 
where in  county,  holding  regular 
sessions  in  important  towns,  B.  56; 
Probate  court,  all  administrative 
work  of  should  be  under  jurisdic- 
tion of,  B.  55;  Criminal  jurisdic- 
tion, limit  of,  should  permit  trial 
of  all  but  most  serious  felonies  by 
county  judge,  B.  59;  Cases  involv- 
ing small  sums  must  be  tried  local- 
ly, B.  52 ;  should  hear  and  deter- 
mine issues  involving  more  than 
$500  by  agreement  of  both  parties, 
B.  55;  County  judge  and  magis- 
trates sliould  compose  single  ad- 
ministrative body,  the  judges  hav- 
ing control  of,  B.  58;  In  criminal 
matters,  all  preliminary  examina- 
tions should  be  conducted  by, 
B.  55;  In  criminal  matters,  should 
have  exclusive  jurisdiction  in  mis- 
demeanor cases.  B.  55;  In  criminal 
matters,  should  have  concurrent 
jurisdiction  in  all  but  a  few  of 
most  serious  felonies,  B.  55 ;  Jury 
not  permitted  to  preside  over, 
waiviT  of  trial  by,  suggested,  B. 
59;  District  magistrates — jurisdic- 
tion assigned  to,  B.  58;  Should  not 
be  uniform  in  size  but  should  be 
divided  to  meet  conditions,  B.  56; 


Districts,  each  should  have  magis- 
trate who  would  be  part  of  coun- 
ty court,  B.  57 ;  Local  courts  of 
limited  jurisdiction,  established  for 
purposes  of  economy  in  adminis- 
tration, B.  52;  Fee  system,  should 
be  abolished  and  salary  fixed,  B. 
57;  Organization  of  in  pioneer 
days  showing  lack  of  supervision 
of  magistrates  -and  co-ordination 
in  general,  B.  50-51 ;  Presiding 
justice,  deputy  of  chief  justice,  B. 
62 ;  Sessions  should  be  regularly 
held,  where  sums  are  sufficient  to 
justify  trial  at  central  points,  B. 
52;  Membership,  election  and 
duties  and  powers  of,  A.  49-52. 

•  Employee,  by  Winston  Paul,  A.  81- 
84. 

■  Government — complete     reorganiza- 

tion of  necessary  in  New  York,  E. 
20;  Administration,  a  responsible 
head  is  needed  for,  D.  17;  Relation 
to  state  government,  A.  6;  Some 
needs  to  be  considered  in  recon- 
structing, Cartwright,  Otho  G.,  B. 
5-20. 

■  Government — Administration,     high 

cost  of,  which  could  be  reduced 
one-half  under  simple  organiza- 
tion, B.  5;  Commission  form  of, 
B.  68;  County  Manager,  powers 
and  duties,  B.  79;  Democracy  of, 
one  of  the  aims  of  modern  polit- 
ical science,  B.  74;  Divided  respon- 
sibility in,  is  serious,  B.  74; 
Ground  plan  ideally  bad.  B.  12>; 
County  Manager  plan,  B.  li;  New 
York  State,  difficulties  of  the  peo- 
ple of,  who  seek  to  control  pres- 
ent type  of,  B.  75;  No  organiza- 
tion for  promoting  of,  B.  3 ;  Pow- 
er, should  be  centralized,  B.  6; 
Simplification  of,  as  a  motive 
power  of  popular  interest  suffi- 
cient to  operate  it,  B.  11 ;  Uni- 
fication of,  B.  81 ;  Unification  of 
the  departments  of,  a  task  for 
strong  chief  executive,  B.  76; 
Voters  the  only  unifying  force  in 
present  system  of,  B.  76;  Failure 
of,  is  particularly  bad  by  reason 
of  its  obscurity,  C.  2 ;  Functions 
of,  confusion  in,  C.  23 ;  Functions 
of  enumerated,  C.  15 ;  Officials, 
lack  of  co-operation  and  harmony 
between,  C.  4;  Organization  of 
makes  it  able  to  resist  public  opin- 
ion and  baffles  all  attempts  of  con- 
trol by  the  people,  C.  5 ;  Unifica- 
tion of  powers  of  necessary  to 
good  government,  C.  5 ;  Rural 
counties,  health  department  of 
should  be  centralized  in  county 
board  and  health  officer  should  be 


provided,  C.  23;  Short  Ballot 
movement,  first  political  reform 
affecting,  writings  on  the  subject 
of,  lack  of,  C.  1 ;  Organization,  B. 
30;  Old  organization  of  often  re- 
tained, not  suited  to  modern  con- 
ditions, A.  5-6. 

Sec  under  NEW  JERSEY;  also 
county  problems. 

-  Health  Movement  —  Tuberculosis 
Hospital,  administration  of  by 
Board  of  Managers  of  five  persons 
recommended,  D.  10. 

-Jail — Keeper  of,  duties,  B.  68;  Two 
general  classes  confined  in,  those 
awaiting  trial  and  those  convicted, 
E.  6;  Misdemeanors,  those  convic- 
tions of  generally  sent  to,  E.  6; 
Sheriff,  fee  system  still  in  exist- 
ence, 10;  Sheriff,  salary  of,  regu- 
lar basis  for  and  certain  sum  al- 
lowed by  Board  by  supervisors  re- 
quiring accounts  of,  tends  to  good 
treatment  of  prisoners,  10 ;  Food, 
preparation  of  in  small  jails  by 
inmates,  E.  10;  Establishment  of 
six  state  district  work  houses  for 
prisoners  in  place  of  each  under 
separate  boards  of  managers  sug- 
gested, E.  7;  Felony,  those  con- 
victed of  sent  to  state  prisons  or 
reformatories,  E.  6;  Entirely  out 
of  date  in  comparison  with  mod- 
ern penology,  E.  1 ;  Different  clas- 
sifications required  by  N.  Y.  State 
Prison  Commission  and  difficulties 
re,  E.  4;  county  administration, 
should  not  be  under,  E.  8 ;  Con- 
trolled by  sheriff,  E.  2 ;  Construc- 
tion, allows  men  to  comingle  with 
bad  results,  E.  5-6;  Building  fre- 
quently not  modern  and  usually 
insufficient  accommodations  for 
classification  of  offenders.  E.  3; 
Bail,  in  ordinary  criminal  cases 
small,  making  the  obtaining  of 
very  easy,  E.  10;  Bad  conditions 
in,  due  largely  to  county  manage- 
ment, E.  5 ;  No  improvement  in 
administration  of  possible  until 
under  state  control,  E.  1 ;  Aboli- 
tion of  as  place  of  detention  for 
convicted  prisoners  necessary,  E., 
6-7. 

See  also  correctional  institutions^ 
Hudson  County,  N.  J.,  Illinois. 

judge — Work  should  be  fixed  so  that 
one  judge  would  be  kept  reason- 
ably busy  in  average  sized  courts, 
B.  55 ;  Election  and  removal  of, 
by  popular  vote,  difficulties  of  and 
suggestions  re,  B.  54-55 ;  Criminal 
matter  triable  by  a  magistrate,  per- 
mitted to  take  over.  B.  59:  Can- 
didates should  be  learned  in  law 


and  have  resided  in  county  a  rea- 
sonable period,  B.  53 ;  Appoint- 
ment of  could  be  by  a  responsible 
elected  official,  B.  53 ;  Number  of 
should  be  decided  by  population  of 
county,  B.  62;  Division  of  work 
with  associate  judges,  B.  62. 

■  Management — In  New  Jersey — Win- 
ston Paul,  E.  1-6;  Of  Charities 
and  special  institutions,  by  Bailey 

B.  Burritt,  D.  6-12. 

-law  in  New  York — Too  complex  for 
accomplishing  much,   B.   4. 

-Manager — Duties  of,  T.  9;  Ap- 
pointment of,  should  be  selected 
from  any  part  of  country  where 
most  efficient  officer  may  be  found, 

C.  20 ;  Board  of  supervisors, 
should  be  responsible  for  county 
policies  and  should  be  required 
to  place  county  management  in 
hands  of  county  manager,  C.  20; 
Power  of  extensive  under  proposed 
bill,  C.  21 ;  Required  to  take  the 
constitutional  oath  and  to  furnish 
sureties,  C.  20;  salary  of  should 
be  larger  than  any  other  county 
officer  and  sufficient  to  attract  com- 
petent person,  C.  19;  Tenure  of 
office,  under  proposed  bill  indefi- 
nite but  he  may  be  removed  by 
board  of  supervisors  after  being 
given  written  statement  of  remov- 
al reasons,  C.  20. 

-Manager  Plan,  by  Richard  S.  Childs, 
B.  73-82. 

-  Officials  in  New  York — Good  class 

of  men  individually  but  are  handi- 
capped by  lack  of  knowledge,  E. 
21 ;  Methods  of  selection  in  New 
York,  D.  2;  Election  of,  the  im- 
possibility of  voters  choosing  per- 
sons with  proper  qualifications  for, 
B.  75 ;  Fees  collected  by  for  work 
not  done,  C.  1-2-3;  Training,  lack 
of,  C.  7;  Appointment  of  instead 
of  election  a  move  to  promote  ef- 
ficiency, B.  18;  Reduction  of  num- 
ber promotes  efficiency,  B.  6; 
Powers  and  duties  of  in  New 
York.  D.  5;  Salaries  of,  B  14; 
Special  training  for  necessary,  B. 
8-9. 

See  also  special  officers,  e.  g., 
sheriff;  New  York  State. 

-  Parks — Certain  percentage  of  coun- 

ty ratablcs  spent  on  in  New  York, 

D.  2. 

-  Penitentiary — controlled    by   sheriff, 

E.  2 ;  I'or,  in  New  York,  Albany, 
Syracuse,  Rochester  ami  Buffalo, 
E.  2;  controlled  by  county  gov- 
ernment, E.  2. 


in  politics,  the  Jones,  Chester  Lloyd, 

A.  85-100. 

Prisons — Lewis,  O.  F.,  E.  1-4. 

problem — Elements  of  the,  Gilbert- 
son,  H.   S.,  A.  3-13. 

Reorganization — suggestions  for,  A. 

77-78. 

Supervisor  in  New  Jersey,  office  of 

is  effective  instrument  in  promot- 
ing efficiency,  D.  6. 
See    also    Essex    County,    N.    J., 
Hudson  County,  N.  J. 

Superintendent,  qualifications,  elec- 
tion and  duties  of,  A.  158. 

treasurer — all  taxes  should  be  col- 
lected by  or  under  direction,  E. 
19;  Should  conduct  all  unpaid  tax 
sales,  B.  40;  In  New  England,  A. 
32-33. 

See  also  under  Cook  County,  III., 
Nassau  County,  N.  Y.;  Orange 
County,  N.   Y. 

ticket — perversion   of  the,   A.  76. 

Courts — See  count\  courts,  Hudson 
County.  N.  J.,  NEW  ENGLAND. 

Court  House — See  Hudson  County,  N.  J. 

Davis,  Miss  Katherine  B.  Commissioner 
of  Correction  of  New  York  City,  E.  3. 

Denver ;  County  government  and  charter 
of,  A.  3;  Civil  service  in,  A.  188. 

District  Attorney.  See  prosecutor, 
prosecutor  of  the  pleas  under  Hudson 
County,  A^.  J. 

Elections — Simple,  honest  ballot  neces- 
sary, B.  17. 

Elmira  Reformatory — Establishment  of, 
E.  3. 

Employees — Excessive  members  often 
employed,  E.  81 ;  Efficient  employees — 
suggestions  for  obtaining,  A.  83.  See 
also  civil  scrince. 

England — County  jails,  taken  over  by 
state  in  1876-1877  and  reduction  in 
number  made,  E.  6. 

Erie  County — Home  and  Hospital,  im- 
proved methods  of  store  keeping  and 
inspection  in,  B.  45;  Administrative 
head,  lack  of,  C.  15;  Auditing,  com- 
mittee system  used  with  bad  results, 
C.  15;  Board  of  supervisors,  bad  ad- 
ministration of  in  building  of  an  ar- 
mory. C.  1-4-15;  Budget,  lack  of.  C.  15; 
Countv  officials,  locally  elected  in,  C. 
14;  Municipal  Voters'  League,  forma- 
tion of,  C.  14;  Supplies,  inspection  and 
bookkeepers,  salaries  of.  B.  49;  Coun- 
tv auditor,  expenses  cut  by.  B.  49-50; 
Enlargement  of  powers  of  the  county 
comptroller,  B.  44 ;  I'.lected  at  large 
and  power  and  duties  derived  from 
series  of  special  acts.  B.  40;  .'Xuditor's 
office,  total  cost  of.  B.  40-48. 


8 


Essex  County,  N.  J. — Establishment  of, 
A.  26;  County  supervisor,  duties,  A. 
8;  Co-operation,  Lack  of  in,  A.  256; 
County  supervisor,  powers  and  duties, 
D.  5. 

Fairlie,  John  A..  County  and  Town  Gov- 
ernment in  Illinois,  A.  62-78. 

Federated  County — Suggested  for  Los 
Angeles,  Cal.,  T.  283;  Suggested  for 
Essex  County,  N.  J.,  T.  283;  Central 
legislative  body,  powers,  T,  284-285 ; 
Single  county  legislative  body  should 
be  created  and  example  by  recom- 
mended. T.  284. 

See  also  Alameda  County,  Cal. 
Fee  System— Significance  of,  in  counties, 
A.  17;  Disadvantages  of  to  county, 
A.  21 ;  Received  by  officials,  not  al- 
ways accounted  for  and  often  improp- 
erly or  illegally  expended,  E.  14. 
See  also  under  Cook  County,  III. 
Finance,  administration  of,  defects  in,  A 
200;  Should  be  managed  by  responsi- 
ble and  honest  officials,  E.  19. 
Freeholders — ^lany  subsidiary  boards 
and  officials  appointed  by  in  New  Jer- 
sey, p.  23;  Boards  of,  in  N.  J.,  Du- 
ties in  charge  of  general  county  mat- 
ters including  road  matters,  with  a 
few  exceptions,  and  most  of  county 
institutions,  D.  1 ;  Powers  of  boards 
in  N.  J.,  decidedly  limited,  D.  2;  Em- 
ployees, salaries  should  be  controlled 
by,  under  law.  but  law  not  enforced, 
D.  3 ;  Small  board  declared  unconsti- 
tutional in  all  counties  of  N.  J.,  Hud- 
son and  Essex  now  open  problem,  D. 
4;  Personnel  of  smal  boards  unsatis- 
f actor}',  D.  4;  New  Board  in  N.  J. 
not  as  satisfactory  as  expected,  and 
extravagant,  D.  4-17. 
Free  Schools,  Finance  reforms  needed, 
A.  164:  County  Supervisor,  suggested 
improvements  in  systems,  A.  161-163; 
County  superintendent,  qualifications, 
salaries  and  duties,  A.  158-160. 
Grand  Jury  meetings — In  New  York 
counties,  infrequency  of  resulting  in 
postponement  of  cases,  E.  5-9;  May 
be  called  by  any  Supreme  Court  Jus- 
tice by  application  of  district  attor- 
ney, E.  9;  In  New  York,  Infrequency 
of,  amendment  to  its  law  would  re- 
move difficulty,  E.  10 ;  Ninety-five  per 
cent,  of  cases  submitted  to,  purely 
routine  matters  and  could  have  come 
before  magistrates,  E.  10;  Suggestions 
for  preventing  delays  in,  E.  11. 
Great  Meadows  Prison  Reforms  in  New 

York,  reforms  started  at,  E.  3, 
Health,  see  County  health  movement. 
Highwav  administration  in  Missouri,  A. 
60. 


Highway  District — county  as,  in  Vef 
mont,  A.  27. 

Highways — Uniform  administration  of 
necessary,  B.  14-15. 

Home-Rule — in  California  cities,  A.  9; 
For  cities,  plans  of  cities  for,  so  suc- 
cessful that  constitutional  sanction  of 
will  be  sought,  B.  65.  See  also  Works 
Lewis  R. 

Hospitals — Texas  Board  of  Health  law 
requiring  county  hospitals  in  opera- 
tion 1913,  O. ;  Mungor,  Dr.  E.  E.,  Coun- 
ty Hospital  movement  in  Iowa  started 
by,  O. ;  Jefferson  County  Hospital :  es- 
tablishment, work  of  in  first  year,  O. 
608;  County  Hospital,  Washington 
County,  estabhshment  of  and  accom- 
plishments in  first  year,  O.  607-608; 
County  Hospitals,  Iowa,  need  of  and 
bill  for  establishment  of,  O.  605-606; 
County  Hospital,  advantages  of,  O.  607. 


HUDSON  COUNTY,  N.  J. 

Almshouses  needed,  centralized  author- 
ity for  commitment  of  paupers  needed, 
G.  50-52 ;  Annual  reports,  submitted 
by  more  important  boards  but  not  those 
controlled  by  boards  of  freeholders, 
G.  128;  Appropriations,  duplication  of 
and  money  wasted,  G.  17;  Elections, 
salaries  and  rules  of  procedure^  P.  32- 
33-36;  Board  of  freeholders,  clerk  of 
the  board,  election  and  duties,  G.  34- 
35;  Statutory  committees,  G.  34;  Board 
of  health  and  vital  statistics,  G.  62; 
Boroughs,  government  of,  G.  16;  Bou- 
levard commission,  membership,  sal- 
ary, duties,  etc.,  G.  71-74;  N.  J.  boule- 
vard, twenty  miles  long  and  costs  $20,- 
000  a  year,  D.  2 ;  Budget,  should  not 
be  drawn  up  and  adopted  by  board  of 
freeholders  and  should  be  open  to  pub- 
lic inspection,  G.  118-120;  Budget  of 
1914,  inaccuracies  of,  G.  121 ;  Budget, 
suggestions  re  preparation  of,  G.  121- 
122 ;  Civil  Service,  state  control  or  su- 
pervision of  advisable,  G.  127 ;  Cor- 
oners, G.  106;  Consolidation  into  sin- 
gle municipality  advisable,  G.  17-19; 
County  auditor,  is  needed,  and  sugges- 
tions for,  G.  124 ;  County  Collector,  ap- 
pointment, salary  and  annual  report  of, 
G.  122-124;  County  centralization  of 
municipal  functions  has  proved  bene- 
ficial, G.  130-131 ;  County  clerk,  elec- 
tion and  salary  and  duties,  G.  100-101 ; 
County  engineer,  duties,  etc.,  G.  65-67; 
County  investigator,  duties,  salary,  etc., 
G.  69-70;  County  jails,  inefficient,  G. 
47. 

County  officers,  election  of,  G  10;  Coun- 
ty officers,  number  should  be  reduced 
and  responsibility  placed  in  one  small 
board    elected   by   the   people,    G.    40; 


County  overseer,  duties,  salary,  etc.,  G. 
68-69:  County  physician,  appointment 
and  duties,  G.  61-65 ;  County  super- 
visor, duties  of,  A.  8,  D.  5. 
Courts — Expenditures,  analysis  of,  G. 
108-109. 

Court  House — Under  supervision  of 
Board  of  Freeholders,  G.  42. 

Director — Election  and  powers  of,  G.  33- 
37-38. 

Election  Board — membership,  powers,  G. 
78-80. 

Estimated  expenditures — appropriations 
are  expended  by  board  of  freeholders 
and   other  bodies,  G.   115. 

Financial  administration,  (1)  governed  by 
act  of  1878  as  amended  in  1902,  G.  113; 
appropriations  for  county  offices,  show- 
ing anticipated  revenues  from  fees,  G. 
116;  Mandatory  expenditures,  G.  116; 
County  revenue,  sources  of,  G.  112; 
Government,  cost  of,  A.  81 ;  Need  of 
consolidation,  T.  287 :  Care  of  Insane, 
lack  of  state  control  has  developed 
difficulties,  G.  130:  Insane  asylums  of 
Essex  and  Hudson  counties,  G.  48-50; 
Jury  reform,  G.  103-105 :  Law  depart- 
ment officers,  salaries,  duties,  etc.,  G. 
58-60;  Mosquito  commission,  member- 
ship and  work  of.  G  77-78;  Municipal 
government,  various  forms  of,  in  coun- 
ty, G.  14-15:  Municipalities,  consolida- 
tion of  necessary  to  promote  efficiency 
and  economy,  G.  125-126;  Officers  and 
salaries,  G.  97-100;  Park  Commission, 
membership,  salaries  and  powers,  G.  74- 
76:  Penitentiary,  managed  by  board  of 
freeholders,  G.  52-54;  Probation  office. 
G.  106-107:  Prosecutor  of  the  pleas, 
powers  and  salary,  G.  105;  Registrar 
of  deeds,  election,  salary  and  duties, 
G.  101-102;  Roads  and  bridges,  con- 
struction of,  G.  66-67;  Schools,  super- 
intendent, duties  and  salary,  G.  94-95 ; 
Sinking  fund  commission,  membership 
and  suggestions  re,  122-123;  Officials, 
compensation  of,  A.  82;  Sheriff,  elec- 
tion, duties  and  salary.  G.  102-104; 
State  Board  Children's  Guardians, 
membership  and  powers.  G.  84-85 ; 
State  control  over,  more  advanced  than 
in  other  states.  G.  12:  State  civil  serv- 
ice commission,  membership,  salary 
and  powers,  etc.,  G.  88;  Taxation 
board,  membership,  duties,  salaries,  G. 
81-83:  Townships,  government  of.  G. 
15;  Tulierculosis  hospital,  managers 
appointed  by  board  of  freeholders  and 
receive  no  salaries.  G.  54-57;  Widows* 
pension  act,  provisions,  G.  86-87. 


Illinois — Accounting,  uniform  system 
needed,  A.  60;  centralized  .ulministra- 
tion  needed.  A.  76;  Constitntion.  sug- 
gested  statutory    changes    in,    .\.    77; 


Counties,  area  and  population,  varia- 
tion in,  A.  65 :  County  boards,  mem- 
bers and  election  of,  A.  66;  County 
finance,  accounting  methods  faulty,  A. 
69;  County  Jails,  conditions  bad,  A 
70:  County  and  town  government,  his- 
torical development,  A.  62-65 ;  County 
officers,  election  and  duties  of.  A.  66- 
68;  Elections,  local  consolidation  of 
necessarv.  A.  75 ;  Justices  and  consta- 
bles, election  of.  A.  74;  Poor  relief, 
conditions  unsatisfactory  in  most  coun- 
ties, A.  69;  Road  administration  sys- 
tem, readjustment  necessary.  A.  74; 
School  administration,  possible  im- 
provements in,  A.  75:  Sheriff  in,  A. 
68;  Short  Ballot  for  counties,  A.  67; 
Tax  administration,  readjustment  of 
system  advisable,  A.  73 ;  Town  finances, 
no  accounting  system.  A.  73 ;  Town 
meetings,  attendance  poor  and  of  little 
value,  A.  71-72:  Township  organiza- 
tion, A.  70;  Institutions  of.  bad  man- 
agement of  due  to  untrained  officers, 
A.  101. 

Indiana — Accounts,  state  board  of,  A. 
253 ;  Checks  on  county  government  in, 
Lapp,  John  A.,  A.  '248-254 ;  County 
commissioners,  powers  of,  A.  250; 
County  Government,  reforms  in.  A. 
251:  County  officers  in,  A.  248;  Taxa- 
tion in,  A.  253. 

Insane  in  Pennsylvania — Sewage  condi- 
tions bad  in  institutions.  R.  74 :  Un- 
licensed almshouses,  fire  risk  great,  T. 
70-72-74;  L'nlicensed  almshouses,  none 
provided  with  proper  means  for  caring 
for  insane.  R.  80-81 :  Possibility  of  pa- 
tients remaining  near  home  and  re- 
ceiving visitors.  R.  83 :  More  indi- 
vidual care  and  avoidance  of  "mass- 
ing together"  in  large  institutions.  R. 
85-87;  More  home-like  surroundings 
and  avoidance  of  institutional  atmos- 
phere needed,  R.  ^7 :  Lower  mainten- 
ance cost,  especially  for  chronic  insane, 
R.  88-89 ;  Greater  opportunity  for  oc- 
cupation, R.  83-84;  Relative  merits  of 
state  and  county  care.  R.  87-88;  Tuber- 
cular patients  not  isolated  in  same  in- 
stitutions, R.  24-25-45-49:  Sewage  con- 
ditionsjiad.  R.  24-25-30-32-35-36-40-48- 
51-54-57-65;  Medical  treatment  insuffi- 
cient, R.  23-26-33-39-44-46-55;  Institu- 
tion No.  35  best  county  hospital  in 
state,  R.  58;  Fire  protection  insufficient, 
R.  24-27-34-36-40-43-62:  Uniform 
method  of  commitment  should  be  es- 
tablished. R.  93:  Comity  institutions, 
lack  of  uiiiformitv  in  business  and 
medii-al  meth(»(ls.  R.  ^'2:  Cnre  of  pa- 
tients, good  in  some  institutions  but 
neglect  great  in  others,  R  91  :  Care  of 
patients,  uniform  and  satisfactory 
standard  should  be  established,  R.  79- 
80. 


10 


See  also  Hudson  County,  N.  J.,  Penn- 
sylvania Charities. 

Iowa — Removal  of  county  officers  in,  A. 
22. 

Jail — See  County  Jail. 

Judicial  System  of  State,  Unified — Min- 
isterial side  closely  related  through 
clerks  of  County  and  State  courts,  B. 
63;  Departments  made  up  of  three 
general  ones,  government  of — by  coun- 
cil of  judges — Chief  Justice  the  head 
of,  B.  60;  Constitutional  changes 
needed,  B.  64;  Appointment  of  not 
necessarily  for  life — chief  justice — ap- 
pointing power — elected  for  short  term 
only,  B.  61. 

See  courts,  county  courts.  Cook  Coun- 
ty, III. 

Judges — Appointing  power  freed  from 
dependence  upon  party  organization, 
B.  61  ;  Expert  selection  of,  B.  61 ; 
Should  collect  statistics  of  district 
magistrates  and  report  to  chief  justice, 
B.  62. 

Jury  Reform — See  Hudson  County,  N.  J. 

Jurors'  Certificates,  in  one  instance,  is- 
sued to  dead  men  and  money  due 
drawn  from  county  treasury,  E.  14. 

Justice — Administration  of,  should  be 
centralized  in  one  county  judge,  B.  53; 
Cost  of  administration  should  be  re- 
duced, B.  15 

Justices  of  the  peace — cases  under, 
should  be  under  supervision  of  county 
judge,  B.  56;  Inefficiency  of  and  but 
little  supervision  given  to  wish  of,  B. 
52 :  Office  of  still  retained  although  un- 
suited  to  present  conditions.  B.  52 ; 
Own  salaries  still  collected  by,  B.  51. 
See  also  under  Missouri. 

Libraries,  establishment  of,  in  several 
states,  O.  610;  County  library  laws  re- 
passed in  several  states,  O.  610 ;  Local 
subscription  libraries,  inefficiency  of, 
O.  610;  Scarcity  of  and  great  need 
of,  O.  609-610 ;  Should  be  supported  by 
taxes  on  all  taxable  property  of  the 
county,  O.  610 ;  Should  be  managed 
by  trained  librarians,  O.  610;  Should 
have  branches  in  all  towns,  villages, 
and  schools  of  county,  O.  610;  Work 
accomplished  by,  O.  610;  Van  Wert 
County.  Ohio — Organization  of  Brum- 
back  Library  and  work  accomplished 
by,  O.  611-613. 

Long  Ballots,  system  and  the  county,  A 
7. 

Los  Angeles  County — Weakness  of  char- 
ter, A.  10;  Provisions  of,  A.  233-236; 
Advantages  of.  A.  9-10:  Called  the 
"First  Short  Ballot  County."  C.  1-2; 
County  government  and  charter,  A. 
3-9-10. 


Louisiana — Parish  government — educa^ 
tion,  improvements  in,  A.  43 ;  liquor 
traffic,  regulation  of,  A.  45 ;  Parish 
officers,  election  of,  A.  42-43 ;  Paupers, 
care  of  in  parishes,  A.  45;  police  jury, 
duties  and  functions  of,  A.  41 :  Public 
health  and  sanitation  in,  A.  45 ;  Road 
improvement  in  parishes  of,  A.  43- 
44 :  Taxation,  A.  42-46 ;  Drainage  work 
and  construction,  A.  44-45 ;  Article  by 
Scroggs,  Wm.  C,  A.  39-47. 

Magistrates — Selection  of  by  experts 
would  promote  efficiency,  B.  57. 

Maine — Judge  of  probate  in,  A.  28. 

Manager — See  County  Manager. 

Massachusetts  —  Countv    appointments, 
civil  service,  A.  144-147;  County  rings 
in,  A.  142. 
See  also  Boston,  Suffolk  County. 

Merit  System  and  the  county  civil  serv- 
ice, Robt.  W.  Belcher,  A.  101-111;  Old 
employment,  not  used  and  bad  results, 
A.  102;  Should  be  applied  to  county 
and  municipal  officers,  T.  8-9. 

Mosquito  Commission — every  county  in 
New  Jersey  has  one,  D.  2. 

Milwaukee  County — Centralized  charity 
department  needed,  H.  ■  17-18;  civil 
service  needed,  H.  9;  Long  ballot  and 
disadvantages  of,  H.  &  G.  7 ;  Offices, 
duplication  and  difficulties  of  amalga- 
mation, H.  4;  Present  organization  de- 
scribed by  chart,  H.  6 ;  Finance,  no 
legally  binding  appropriations  possible, 
H.  15 ;  Finance,  budget,  any  depart- 
ment may  overdraw  its  appropriation 
and  to  incur  deficits  is  possible,  H.  15; 
Board  of  supervisors,  membership  re- 
duced in  1911,  H.  6;  Lack  of  central- 
ized control  and  centralized  purchas- 
ing, H.  7-8;  Boards  of  trustees,  pro- 
posed abolition  of  and  need  of  cen- 
tralized control  of  institutions,  H.  15; 
Constitutional  provisions  of  1848  and 
1881  are  still  in  force  and  difficulties 
owing  to  changed  conditions.  H.  5 ; 
County  boards,  inefficiency  of  due  to 
size  and  creation  of  small  boards  of 
trustees  to  manage  institutions.  H.  5; 
County  poor,  cared  for  by  several  in- 
dependent departments,  H.  8;  Sheriff 
budget  1915  suggestive  outline  of, 
H.  14-15 ;  Lack  of  centralized  control 
and  accounting  system  defective.  H. 
9-12 ;  Institutions,  proposed  method 
for  co-ordination  between,  H.  16-17. 

Missouri — Auditing  and  accounting  sys- 
tem inefficient.  A.  55-56 ;  County  gov- 
ernment in,  Loeb,  Isidor.  A.  48-61 ; 
Organization  of.  A.  48;  County  offi- 
cials, election  and  term  of  office,  and 
compensation  of,  A.  52:  Justice  of  the 
peace  system  in,  A.  49;  Poor  relief 
conditions  bad,  A.  56-58 ;  Public  health 


11 


administration  in  counties  of,  A.  60; 
Public  schools,  improved  conditions 
in,  A.  58;  Taxation,  administration  of, 
A.  53-55;  Township  organization  by 
county  in  adoption  of,  A.  48. 

Municipalities  in  New  York  State,  diffi- 
culties of  to  keep  departments  within 
appropriations,  B.  46. 

Nassau  County,  N.  Y. — County  treas- 
urer, shortage  of  about  $45,000  in  of- 
fice of,  resulting  in  suicide  of  one  of- 
ficer and  punishment  of  the  other, 
E.  14. 

New  England — County  government  in, 
Updyke.  F.  A..  A.  26-38 ;  county  audit- 
ors and  comptrollers,  duties  of,  A.  33- 
34;  Budgets,  A.  34;  Coroners,  appoint- 
ment of.  A.  35 ;  County  ring,  absence 
of,  A.  92;  Dates  of  creation  of,  A.  26- 
27;  Courts,  jurisdiction  of,  election 
and  terms  of  officers,  A.  28-29;  Reg- 
ister of  deeds,  A.  35 ;  Sheriff,  election 
and  duties  of,  A.  29;  Short  Ballot  re- 
form, need  less  urgent  than  in  other 
states,  A.  26-37;  States'  prosecuting 
officer,  term  and  office,  A.  30;  County 
officers  in,  A.  36  County  treasurer,  ap- 
pointment and  term  of  office,  A.  33; 
Uniformity  in  counties,  lack  of,  A. 
36;  Conventions  of  Connecticut  and 
New  Hampshire,  A.  34;  Vacancies  in 
office  of,  A.  32;  County  commissioners, 
election,  powers,  and  duties  of,  A.  30- 
32. 

New  Hampshire — Sheriff  in,  A.  29; 
Judge  of  probate  in,  A.  28;  County 
representatives,  conventions  of,  A.  21 ; 
County  as  poor  relief  distributor,  A. 
27;  Clerk  of  court  in,  A.  28. 

New  Jersey — The  movement  for  county 
reorganization,  A.  255-257;  Sheriff, 
power  of  unrestricted,  A.  257;  Elect- 
ive county  officials  in,  A.  81 ;  Jury  sys- 
tem, reform  in,  necessary,  A.  256; 
County  attorney  and  prosecutors  ap- 
pointed by  governor,  A.  275 :  Civil 
service  in  counties  of,  A.  101-108; 
Board  of  freeholders,  A.  253 ;  County 
government,  lack  of  uniformity  due  to 
unrelated  bo.Trds,  commissions  and  of- 
ficials, D.  2-3 ;  Countv  management  in, 
Paul  W..  D.  1-6;  Reform  in.  small 
board  of  freeholders,  with  absolute 
power  to  run  county,  same  to  be  held 
responsible,  proposed  program  for,  D. 
6;  Lack  of  centralization,  because  of 
too  many  unrelated.  independent 
boards  and  officials,  D.  18;  .Supervisf)r 
of  county  as  a  check  on,  D.  6;  Small 
boarrl  of  nine  freeboldrrs  voted  for,  as 
substitute  for  large  board,  D.  4. 
Sec  county  collectors,  Hudson  County, 
Essex  Countv. 


New    York    State — County    inefficiency, 
diagnosis  of.  E.  15;  Constitution,  hin- 
drance to  good  county  government,  in 
its  present  form,  B.  83;  Constitutional 
convention,    amendment    to,    proposed 
by  conference  for  better  county  gov- 
ernment, B.  85-86;  Accounting  systems 
defective,  A.  263-264;  County  govern- 
ment in,  Otho  G.  Cartwright,  A.  258- 
270;  Need  of  chief  executive,  A.  258- 
261 ;    Civil    service    administration    in, 
A.  105-6;  Cxjunty  government,  defects 
in,  A.  4-258;  County  officers,  relation 
of  to  the  state,  A.  259;  Act  to  provide 
an  alternative  form  of  county  govern- 
ment and  creating  the  office  of  county 
manager  in  certain  counties,  C.  25-28; 
Constitution,    Boards    of    supervisors, 
stipulations   of,   re    C.    18;    Boards   of 
supervisors,  constitution  stipulates  that 
the    legislature    shall    determine    com- 
position and  election  of.  C.  18;  Mem- 
bers, number  of  should  be  reduced,  C. 
16;  County  Manager,  appointment  of, 
by   small   commission    would    improve 
government  in,  C.  17;  Executive  con- 
trol should  be  in  hands  of,  C.  17;  Diffi- 
culties of  fundamental  one  is  the  lack 
of   administrative   heads,   C.    15;    Offi- 
cials, number   should   be  reduced  and 
commission    idea    substituted,    C.    16; 
Rural  counties,  taxation,  assessment  of 
property  considered  a  local  matter  and 
results    of,    C.    16;    Taxation,    assess- 
ment, valuations  kept  down  by  super- 
visors,    C.     16-17;     County     Budgets, 
should  be  under  control  of  board  of 
estimate,   C.    17 ;   County  Government, 
officials,  elective  officers  under  consti- 
tution are  the  district  attorney,  sheriff, 
register  and  county  clerk,  C.  19 :  Pow- 
ers, greater  power  to  control  its  own 
affairs  necessary.   C.  22 ;    City  courts, 
under  supreme  court  would  be  an  im- 
provement. C.   17;   Public  records,  in- 
stances of  great  neglect  in.  and  in  one 
case     were     destroyed,     C.     8 ;     State 
Comptroller.      budget      appropriation, 
analytical  plan  of,  re  in   1910.  C.   11  ; 
Law  in  re-printing  of  town  and  county 
accounts  investigated  by.  and   results. 
C.     12;     Rye,    town    of.    Westchester 
County,   taxes   collected   more   closely 
and  inexpensively  than  any  other  town 
in  county,  C.  10;   Municipalities,  taxa- 
tion,   uncollected    tax    levies,    A.    268: 
Counties  should  have  power  to  make 
charters.  C.  17:  Taxation,  conferences 
of    officials,    advantaees    of,    A.    262; 
County,  elections  of  1910.  A.  94. 
Proposed  law  for  county  reorganization 
in.    Boards    of    supervisors,    board    of 
three  new   members   to   be  elected   at 
large    in    cotmtics,    to    be    known    as 
"county  supervisors,"  who  would  suc- 
ceed to  pDwers  of  present  board,  C. ; 


12 


County  supervisors,  C.  18;  Election  of 
small  number  of,  with  power  to  ap- 
point county  manager,  who  appoints 
all  other  officers,  would  be  flexible 
plan  fitting  all  counties,  C.  23 ;  Mem- 
bers to  be  elected  in  rotation  to  give 
a  continuing  board  and  reduce  num- 
ber elected  at  one  time  to  a  minimum, 
C.  19;  Should  have  power  to  select  all 
other  statutory  officers,  C.  19;  Quali- 
fications of,  same  as  those  for  Boards 
of  Supervisors,  C.  15 ;  Removal  of  to 
be  by  governor  after  investigations  of 
conditions,  C.  18. 

New  York  City  and  County — Raymond 
Street  Jail,  and  other  correctional  in- 
stitutions controlled  by,  E.  2 ;  Plan  for 
consolidation  of  Greater  New  York, 
by  Robert  S.  Binkerd,  C.  14-17;  Sher- 
iff, income  of,  C.  3;  Appellate  Divi- 
sion of  Supreme  Court  should  control 
commissioner  of  jurors,  C.  17;  Dis- 
trict attorney',  one  only  recommended, 
C.  17 ;  Officials,  most  of  them  should 
be  appointed  by  Mayor,  C.  17 ;  Police 
Commissioner,  should  be  sheriff  of 
the  city  and  county  of  New  York,  C. 
17. 

North  Dakota — State  examiner  in,  A. 
207. 

Officers — Positions  still  filled  by  "Spoils 
system,"  A.  101 ;  Duties  of,  chiefly  ad- 
ministrative, A.  98-99;  Chief  officers, 
appointment  and  removal,  A.  92 ; 
Qualifications,  A.  23. 
See  also  county  officers,  civil  service, 
merit  system. 

Ohio — Attempt  to  secure  better  county 
government  in,  B.  4;  Disadvantages 
of  for  state  purposes,  A.  194;  History 
of,  A.  182;  Reforms  of,  laws  re,  A. 
187-189. 

Orange  County,  N.  Y. — County  adminis- 
tration, 1913,  conducted  illegally,  re- 
sulting in  waste  of  public  money,  F.  1. 

Board  of  supervisors,  illegal  payments 
ordered  by,  F.  3. 

County  clerk,  failure  of  to  collect  fees 
required  by  law,  F.  3. 

Treasurer,  faulty  accounting  by,  F.  2 : 
Treasurer,  large  fees  belonging  to 
county  retained  by  former  treasurer, 
F.  2-3;  No  proper  conception  of  his 
legal  duties,  F.  2;  Present  treasurer 
improved  conditions  found,  F.  4 ; 
Money  appropriated  without  regard  to 
necessities  of  and  expended  without 
regard  to  amount  available,  F.  2 ;  Poor 
fund,  administration  illegal,  F.  3 ;  Poor 
fund,  lack  of  co-operation  between  of- 
ficials in  administration  of,  F.  3. 

Taxes,  insufficient  amount  levied  and 
not  collected  and  deficit  financed  by 
illegal  issue  of  notes,  F.  1. 


Overseers  of  the  poor,  scattered  over 
the  county,  having  power  to  commit 
cases,  D.  9. 

Oregon— Taxation  system,  A.  271 ;  Cen- 
tralized authority,  lack  of,  A.  271 ; 
proposed  changes  in  government  of. 
A.  272. 

Parks — See  Hudson  County  and  Essex 

County,  N.  J. 

Party  organization,  county  as  unit  for, 

A.  86. 

Paul,  Winston — The  movement  for 
county  reorganization  in  N.  J.,  A.  255- 
257;  The  county  employee,  A.  81-84. 

Pennsylvania  counties — charity  func- 
tions of,  Harris,  Ella  F.,  A.  166-181; 
State  constabulary,  record  of  service, 

B.  72. 

Pennsylvania  Oiarities — Children,  care 
of,  improved  by  establishment  of  aid 
societies,  A.  179-180;  Defectives,  care 
of,  A.  177-179;  Insane,  care  of,  A. 
173-177;  Poor,  outdoor  relief,  system 
of  1705  still  in  use,  A.  169;  Vagrants, 
care  of,  A.  170-171. 

Penitentiary — See  County  Penitentiary. 

Politics — simplification  of,  short  ballot, 
a  means  of,  B.  77;  Simplification  of 
necessary  to  give  people  control  of 
government,  B.  77.  See  also  County 
tn  Politics. 

Political  unit — county  as,  A.  98. 

Poor — Children,  care  of,  administration 
of  overseers  of  poor,  lack  of  co-oper- 
ation between,  D.  9;  Cases  cared  for 
in  designated  Co.  Institutions  at  state 
expense,  in  N.  Y.  State,  D.  10 ;  Super- 
intendents of,  in  N.  Y.  State,  families, 
maintained  illegalh'  and  clothed  at 
county's  expense,  E.  14. 
See  also  Illinois,  Louisiana,  Macy,  V. 
Everit,  Milwaukee  County,  New 
Hampshire,  Superintendent  of  the 
Poor. 

Press — Freedom  of,  control  of  by  polit- 
ical parties,  D.  20. 

Printing  Problem — Rests  with  board  of 
supervisors,  chiefly  to  distribute  much 
money  spent  fraudulently,  D.  20:  Dis- 
tribution of  official  printing  in  West- 
chester county,  B.  10-11. 

Prisons — Should    be    controlled    by    one 
or  more  boards  of  managers,  E.  7. 
See  also  County  Jails,  county  peniten- 
tiary. 

Prison  Commission  in  England — Cor- 
rectional institutions,  all  controlled  by, 
E.  6-17. 

Prisoners — Classification  of  in  county 
jails  required  by  Prison  Commission 
in  New  York  State,  E.  4. 


13 


Prosecutor  of  the  pleas — appointed  by 
governor  in  New  Jersey,  D  2. 

Public  Health— State  regulation  of  nec- 
essary, T.   10. 

Public    Officers — Little    improvement    in 
possible    until    filled    with    competent, 
conscientious  officials,  E.  19. 
See  also  County  Officers. 

Publicity — as  a  means  toward  better 
government,  B.  65. 

Public  prosecutor — powers  of,  A.  120- 
121 ;  Limitations  of,  examples,  A.  123- 
133;  Freedom  from  accountability.  A. 
120;  His  powers,  temptations  and  lim- 
itations, Gans,  Howard  S.,  A.  120-133. 

Public  Records  and  documents — central- 
ization of  necessary  for  direction  of 
government,  B.  6. 

Purchasing  agent,  if  competent  can  re- 
duce work  of  auditor,  B.  44. 

Raymond  Street  Jail,  New  York  City— 
under  local  N.  Y.  City  government, 
E.  2. 

Reformatories  —  Establishment  of  in 
New  York,  E.  3 ;  Lack  of  central  con- 
trol, E.  7. 

Register  of  deeds — See  under  New  Eng- 
land. 

Residence  limitations— None  should  be 
imposed  on  engineers  or  bureau  chiefs, 
T.  289. 

Review— Boards  of,  in  counties,  A.  221. 

Representation— County  as  basis  for,  A. 
88. 

Rockland  County,  N.  Y.— County  treas- 
urer, large  shortage  disclosed  in  office 
and  official  served  a  prison  term,  E.  14. 

Rural  counties— Coroner,  inefficiency  of, 
T.  3;  County  officers,  appointment 
of  under  new  commission,  T.  2; 
County  officials,  some  are  unnecessary 
and  number  could  be  reduced,  T.  2; 
Courts,  appointment  of  other  than 
court  officials  inadvisable,  T.  2; 
Shorter  ballot  needed,  T.  2 ;  Govern- 
ment by  five  commissioners  in  which 
all  power  and  responsibility  arc  cen- 
tralized, recommended.  T.  1. 

San  Bernardino  County,  1 ;  Charter  and 
government  of,  C.  4. 

San  Francisco  and  Denver,  consolidation 
of  government  and  benefits  of,  T.  7. 

Schenectady's  city-county  plan,  by  Bene- 
dict Hatmakcr,  H.  82-84;  County,  an- 
nexation of,  to,  B.  84. 

School  affairs,  county  administration  of, 
in  its  relation  to  the  State  Department, 
Harrin.  l-rank  IL,  A.  1.S3-165. 
Seattle— Nocd  for  consolidation,  T.  7. 
SheriflF— Appointed  at  one  time  by  gov- 
ernor   in    N.    Y.    State.    A.    275;    Ap- 


pointment, T.  10,  Leading  factor  in 
State  Constabulary,  B.  70;  Powers 
and  duties  as  leading  factor  in,  should 
be  defined  by  legislator,  B.  71 ;  And  a 
state  constabulary,  by  Ernest  Caw- 
croft,  B.  65-72;  Public  peace,  duties  as 
defender  of.  B.  69;  Historical  growth 
of  office  in  England.  B.  66-67;  County 
government  better,  if  historical  pres- 
tige and  pristine  vigor  were  restored 
to  B.  66;  Families  of.  maintained  ille- 
gally and  clothed  at  expense  of  county. 
E.  14;  Deputy  sheriff,  often  succeeds 
sheriflf  and  is  connected  with  county 
jail.  E.  2;  Difficulties  of  too  many  to 
work  against,  E.  4;  In  New  York — 
always  between  board  of  supervisors 
and  state  authorities  and  position  of 
very  hard.  E.  3-4;  County  jail  and 
county  penitentiary  under  control  of, 
E.  2;  Fee  system,  existence  of,  in  only 
three  counties,  duties  so  heavy  he  is 
only  able  to  keep  general  track  of  jail 
administration,  E.  2;  Duties  of,  could 
be  more  efficiently  performed  by  state 
constabulary,  E.  18. 
See  also  State  Constabulary,  Cook 
Cotmty,  III.,  County  Jail,  County  Pen- 
itentiary, County  Prisons.  Illinois,  Mil- 
ivaukce  County,  Neiv  England,  New 
Hampshire,  New  Jersey. 

Short  Ballot  for  counties,  B.  17-19;  Use 
of  in  elections  of  needed,  A.  97. 
See   also   Alameda   County,  Cal.,  Illi- 
nois,   New   England,   Chicago,   Rural 
counties. 

Short  Ballot  movement — First  political 
reform  seriously  involving  county 
government,  C.  2;  First  Short  Ballot 
County.  Los  .A^ngeles.  Cal.,  C.  1-2; 
Short  Ballot  Organization,  work  of. 
re  simplification  of  county  govern- 
ment, C.  13. 

State  Constabulary — value  of.  B.  172; 
Militia  relieved  of  quelling  tumults 
by,  B.  71 ;  Could  perform  duties  of 
sheriff  more  efficiently,  B.  18;  Duties 
of  sheriff  could  be  more  efficiently 
performed,  E.  18. 
See  also  Sheriff,  State  Police. 

State  Comptroller  of  N.  Y. — authorized 
to  employ  not  more  than  two  exam- 
iners of  finances  of  municipalities,  E. 
12;  authorized  by  law  of  1*^5  to  ex- 
amine county  accounts.  E.  12;  Duties 
of  to  examine  and  not  to  audit,  K.  21. 

State  district  farm  in  New  York — Colo- 
nies, establishment  of  for  short  time 
offenders  necessary,  E.  8. 

State  Police,  duties  (Pa.).  Q.  3-4;  In 
New  York  State,  regarding  need  of, 
Q.  7-12;  Creation  of  much  needed  on 
acroimt  of  prevalence  of  crime,  Q. 
1-3-6;   Examples  of   work  of   in  con- 


14 


nection  with  murder,  cruelty  to  ani- 
mals, arson,  robberies,  black-hand,  fire 
protection,  etc.,  Q.  12-23. 
State  Prisons — many  reformatory  meth- 
ods started  in,  E.  3 ;  Little  attention 
paid  to  until  1870,  E.  — ;  In  New 
York  (Elmira)  minimum  sentence  for 
forty  years,  abolishment  of,  leaving 
only  maximum,  E.  8;  In  Xew  York, 
administration  of,  fault}-,  because  of 
politics.  E.  6. 

State  Reformatories  in  New  York — 
Have  set  the  pace  for  the  whole  coun- 
try, E.  3. 

Statutes — Interpretation  of  by  boards  of 
supervisors,  giving  to  boards  unlimited 
powers  in  cases  not  specifically  forbid- 
den by  law,  E.  17. 

Suffolk  County,  Mass. — Segregated 
courts,  old  sj^stem  retained,  A.  139; 
Judicial  functions  of,  A.  134;  Judicial 
decision,  lack  of  uniformit}-.  A.  139; 
Courts  of  inferior  jurisdiction  in,  A. 
135-138;  Civil  trials,  duplication  of  and 
remedy  for.  A.  140-142 ;  Courts,  cen- 
tralization, lack  of  in,  A.  139;  Busi- 
ness of.  uneconomic  administration,  A. 
140;  Administration  of  justice,  delay 
in.  A.  135-136;  And  city  of  Boston,  ad- 
ministrative consolidation  of  incom- 
plete, T.  6. 

Sub-divisions  of  County — relation  of  the 
county,  B.  19. 

Superintendent  of  the  Poor — Directly 
responsible  to  board  of  supervisors,  D. 
9. 

Supervisor.     See  Essex  county,  N.  J. 

Taxation — Administration,  efficient  and 
economical  impossible  under  present 
system.  B.  40;  Assessing  board  elected 
by  people  for  a  long  term,  w-ell  paid 
and  composed  of  expert  honest  mem- 
bers, necessar\\  B.  32;  Classification  of 
propert}'  for  taxation  purposes,  con- 
fusion of,  B.  35 ;  County  board  of  as- 
sessors in  Xew  York  would  mean  em- 
ployment of  efficient  assistants,  prep- 
aration of  tax  maps  and  systematic 
methods,  B.  34-35;  Board,  by  governor 
appointed.  D.  2:  County  boards  or 
commission  of  three  or  five  members 
needed  to  assess  value  of  propert\\ 
be  used  as  the  basis  for  all  local  tax- 
ation. E.  19 ;  County  treasurer,  receipt 
of  should  clear  taxpayers  of  all  taxes 
for  the  year.  B.  39;  Should  appoint 
deputies,  for  localities  to  receive  taxes, 
B.  39;  County  assessment,  system  of, 
A.  219-220;  Central  supervisors  in  a 
single  county,  B.  Z7 :  Local,  in  Ohio, 
administration  of.  Coker,  F.  W.,  A. 
182-198;  Present  district  school  system 
very  defective.  B.  Z6;  Property  values 
system  in  Xew  York  of  assessing  and 


equalizing  of,  should  be  entirely 
changed,  E.  19;  Reforms  suggested,  A. 
224-226;  Suggested  improvements  in 
system  in  N.  Y.  State,  B. ;  State  super- 
vision and  inspection  of  county  assess- 
ors and  assessments  necessary,  T.  10; 
Tax  commissioners,  work  of  in  coun- 
ties, A.  215 ;  Town  assessors,  under- 
valuation of  property  by,  B.  ZZ-ii; 
Town  collectors,  compensation,  system 
promotes  inefficiency,  B.  38;  Tax  col- 
lectors, in  N.  Y.  State,  hundreds  of 
dollars  retained  by  town  collectors  in 
one  case,  E.  14;  Values  jacked  up  to 
full  100  per  cent  in  New  Jersey,  D.  2. 
See  Illinois,  Indiana. 

Taxpayers,  no  statement  or  receipt  re- 
ceived by  in  many  counties,  B.  39. 

Tax   sales — advertisement   of    excessive, 

C.  3. 

Towns — Undervaluation  of  in,  reasons 
for,  B.  32;  Supervisors,  meetings  of 
little  value,  A.  263 ;  Poor  cases,  con- 
fused with  county  cases,  need  for  in- 
vestigation of  circumstance,  residence, 
etc.,  of  cases,  D.  9-10. 
See  also  Illinois,  Missouri. 

Township,  review  of,  lack  of,  A.  220. 

Treasurer.  See  county  treasurer  {under 
County)  New  England,  Orange  Coun- 
ty, N.  y.,  Rockland  County,  N.  Y. 

Tuberculosis  Hospitals — D. 

Tuberculosis  campaign  —  State-wide 
movement  for  special  institutions  on 
public  health  basis  rather  than  on  a 
pauper  basis,  D.  8. 

Urban  counties,  growth  of,  A.  15. 
See  also  Xen'   York,  Suffolk  County, 
Cook  County,  Chicago,  Alameda  Coun- 
ty,  Los   Angeles    County,   Milwaukee 
County. 

Vermont — County  judges,  removal  of, 
A.  28 ;  Sheriff  in,  A.  29. 

Vital   statistics,   registration  of,  A.    117. 

Washington — County  officers,  removal 
of,  A.  22. 

West — County  officials,  terms  of  office, 
A.  21 ;  County  as  political  unit  in,  A. 
15. 

Westchester  Co.,  N.  Y. — Almshouses,  re- 
form in  conditions  of  started  in  ef- 
forts for  improvement  of,  D.  7-8; 
Board  of  supervisors,  no  steps  taken 
by  to  recover  money  said  to  have  been 
illegally  paid  to  former  count\'  clerk, 
E.  18;  Board  of  supervisors,  notifica- 
tion re  the  retention  of  liquor  license 
fees  by  county  treasurer  resulting  in 
increase  of  treasurer's  salary  with  per- 
mission to  keep  fees.  E.  17;  Expenses 
for  printing  and  binding  for  six  years, 

D.  23;  Fees,  questionable  fees  charged 
by  town  officers.  P.  8-25-27 ;  Taxation, 


15 


auction  sales,  few  prospective  buyers 
appear  and  town  holds  properties  for 
redemption,  P.  8-24;  Penalties  and 
costs  charged  against  the  town  and  re- 
levied  in  following  year  as  part  of 
town  budget,  P.  24-25 ;  Leases,  failure 
of  tax  lease,  P.  8-28-32;  Tax  collect- 
ing, method  and  cost  of.  P.;  Tax  law, 
principles  of  and  defects  in,  P.  6-7; 
Tax  sales,  conducted  under  county 
tax  law,  P.  17-18;  Records,  recording 
incomplete,  P.  8-27-28;  Tax  sales  and 
redemptions,  advertising  rates  not  uni- 
form, P.  7-8-23-24;  Tax  law— (Brief 
summary),  P.  18-29;  Execution  of, 
showing  various  interpretations  of  and 
departures  from,  P.  22-32 ;  Cartwright, 
Otho  G.,  What  we  have  unearthed  in 
Westchester  County,  C.  6-13;  Ac- 
counting, systems  inadequate  and  anti- 
quated, C.  7 ;  Town  and  county  ac- 
counts, law  reprinting  of,  useless  and 
created  great  expense,  C.  12;  Admin- 
istrative departments — Chart  of  or- 
ganization of,  made  by  research  bu- 
reau, C.  8;  Waste  and  extravagance 
found  in,  C  8;  Administrative  offi- 
cers— widest  divergence  in,  found  by 
comparing  one  with  the  other,  C.  8; 
Auditing,  bills  audited  occasionally  by 
acclamation,  C.  13 ;  Committee  system 
used  and  details  re,  C.  12;  Budget — 
Classified  budget  adopted  by,  C.  10; 
One  of  the  worst  conditions  found  in 
the  county  and  details  re,  C.  10;  Coun- 
tv  clerks — illegal  collections  made  by, 
C.  2-3 ;  County  officers,  chart  outlining 
organization  of  made  by  research  bu- 
reau, C.  8;  County  officials,  salaries, 
Large  sums  paid  out,  C.  13 ;  Only  one 
county  department  carrying  a  pay  roll, 
C.  13;  Laws — Neglect  and  violation  of, 
in  many  cases  due  to  lack  of  knowl- 
edge, C.  7 ;  Over  a  thousand  special 
laws   for  passed,  C.  8;   Complex  and 


confusing  mass  of,  affecting  different 
communities  in  varying  degrees,  C.  7 ; 
Public  health — unnecessarj'  sickness 
and  deaths  from  diseases  due  to  inade- 
quate sanitary  inspection  and  control, 
C.  7 ;  Public  record — bad  conditions 
found,  C.  9;  Purchasing  Department, 
extravagance  of  and  bad  c  auditions 
found,  C.  13;  Rye,  town  of,  Jaxes  col- 
lected more  closely  and  inexpensively 
than  any  other  town  in  county,  C.  10; 
Sheriff's  Department,  only  one  carry- 
ing a  pay  roll,  C.  13 ;  Taxation — Col- 
lection and  assessment,  cost  of.  $150,- 
000,  when  it  could  be  done  for  $50,000, 
C.  9;  Officials,  two  hundred  and 
twelve  in  number  found  doing  the 
work  of  ten,  C.  7;  Systems  inadequate, 
wasteful  and  unsatisfactory,  C.  7;  Tax 
bill  drawn  up  containing  some  of  the 
recommendations  of  the  Westchester 
County  Research  Bureau  but  leaving 
out  important  ones,  C.  10:  Tax  col- 
lector, law  re,  and  some  defects  of, 
C.  9-10;  Tax  law  re  compensation  for 
collector  of  taxes,  some  defects  in,  C. 
10;  Westchester  County  Research  Bu- 
reau, Budget,  work  of  bureau  re  and 
recommendations  made  by,  C.  11 ;  Pur- 
pose of,  to  locate  waste  and  misman- 
agement and  report  to  head  of  proper 
department  for  correction,  C.  6;  Taxa- 
tion, collections,  methods  and  remedies 
for  uniformity  in  and  reduction  of,  P. 
32-40;  County  treasurer — issuing  of 
fees  for  liquor  licenses  retained  by,  in 
addition  to  fixed  salary,  E.  17;  Unpaid 
taxes,  collectors'  returns,  reviews  of 
by  town  board  seldom  made  and  delin- 
quent taxes  sometimes  re-levied,  P. 
7-22-23. 

Wisconsin — County  officers  in,  removal 
of,  A.  22. 

Wyoming — State  examiner   in,  A.  207. 


16 


PROCEEDINGS 


OF  THE 


First  Conference  for 

Better  County  Government 

in  New  York  State 


Schenectady,  N.  Y.,  Nov.   13-14,   1914 


Price  15  Cents 

For  additional  copies  apply  to    Otho  G.   Cartwright,   Secretary,  The  County 

Government  Association  of  New  York  State,   15  Court 

Street,   White   Plains,   N.  Y, 


ORGANIZATION  FOR  BETTER  COUNTY  GOVERNMENT 

The  Conference  for  Better  County  Government  was  called  by 
a  local  Committee  of  Arrangements  at  Schenectady,  consisting  of 
Prof.  Frank  S.  Hoffman  and  Messrs.  A.  L.  Rohrer,  William  Dal- 
ton  and  Philip  Toll  Hill. 

The  New  York  Short  Ballot  Organization  co-operated  by 
taking  over  many  of  the  details  or  organization. 

Invitations  to  the  conference  were  sent  to  the  various  boards 
of  supervisors,  to  a  selected  list  of  state  officials  and  to  all  civic 
bodies  and  individuals  who  were  supposed  to  be  interested  in  bet- 
ter county  government. 

About  twelve  counties  were  represented:  Nassau,  West- 
chester, Oneida,  Renssalaer  and  Schenectady  counties  sent  mem- 
bers of  the  Board  of  Supervisors.  Erie  County  was  represented 
by  Mr.  George  S.  Buck,  County  Auditor. 

Among  the  organizations  represented  were  the  Westchester 
County  Research  Bureau,  the  Nassau  County  Association,  the 
New  York  Short  Ballot  Organization,  the  City  Club  of  New  York 
and  the  Municipal  Government  Association  of  New  York  State. 

This  was  the  first  attempt  to  present  in  a  comprehensive  way, 
to  the  people  of  New  York  State,  the  need  for  county  reorganiza- 
tion. After  the  presentation  of  the  various  papers  it  was  decided 
that  the  constitutional  convention  called  for  April,  1915,  afforded 
a  rare  opportunity  for  constructive  work  and  that  steps  should 
be  taken  forthwith  to  extend  the  knowledge  of  county  govern- 
ment deficiencies  and  the  principles  underlying  its  reorganization, 
to  the  voters  of  the  state. 

Accordingly,  the  resolutions*  calling  for  permanent  organiza- 
tion and  f«r  taking  action  before  the  Constitutional  Convention 
of  1915  were  oft'ered  and  adopted. 

The  County  Government  Association  of  New  York  State  has 
been  formed  as  a  result  of  the  conference  and  now  has  offices  at 
15  Court  Street,  White  Plains,  N.  Y.,  in  charge  of  Otho  G.  Cart- 
wright,  Secretary. 


•See  pp.  85  and  HO. 


PROCEEDINGS 

OF  THE 

First   Conference   for    Better  County 
Government  in  New  York  State 

HBLD   IN 

Schenectady,  N.  Y.,  Nov.  13-14,  1914 


FIRST  SESSION 
Friday  Evening,  November  13,  1914 

[The  meeting  was  opened  by  Dr.  Frank  S.  Hoffman,  who  in- 
troduced Dr.  Charles  Alexander  Richmond,  President  of  Union 
College,  to  make  the  address  of  welcome.    Dr.  Hoffman  said:] 

"Gentlemen :  We  are  fortunate  in  having  with  us  tonight  the 
president  of  this  college.  When  I  saw  him  this  afternoon  he 
was  suffering  from  neuralgia,  and  I  was  fearful  he  might  not  be 
able  to  come.  But  he  is  here  tonight  and  will  address  you  in  his 
own  inimitable  way  about  the  things  to  which  we  welcome  you 
here,  among  others,  this  chapel  and  this  college.  This  college 
was  founded  more  than  a  hundred  years  ago — the  first  college 
this  side  of  the  Hudson  River — and  we  have  been  celebrating  this 
year  the  removal  from  the  little  building  down  in  the  center  of 
the  old  town  to  this  spacious  campus  a  hundred  years  ago  last 
October.  Dr.  Richmond  will  also  welcome  you  to  this  old  city, 
more  than  two  hundred  and  fifty  years  old,  and  this  old  county 
of  Schenectady.  I  think  you  will  agree  with  me  that  he  is  the 
proper  person  to  give  you  this  welcome,  and  I  am  very  glad  to 
have  you  have  the  opportunity  of  hearing  him.    Dr.  Richmond." 

ADDRESS  OF  WELCOME 

DR.  C.  E.  RICHMOND,  President  of  Union  College 

"Professor  Hoffman  and  Gentlemen :  I  will  let  you  into  a  se- 
cret :  the  reason  I  had  neuralgia  was  because  I  tried  to  understand 
that  chart  showing  the  county  government. 

"I  have  looked  at  your  chart.*     I  have  referred  to  it  before, 

*See  p.  3A. 


and  I  suppose  you  have  looked  at  it.  If  it  is  intended  to  illus- 
trate the  complexities  of  the  subject,  I  am  sure  you  realize  you 
are  facing  some  task.  These  complicated  lines  leading  from  one 
center  to  another,  if  you  will  look  at  it  again  you  will  realize 
what  I  mean,  are  enough  to  bring  confusion  to  the  senses  and 
despair  to  the  mind,  and  I  suppose  that  is  the  thing  which  the 
man  who  drew  it  intended  should  be  accomplished,  showing  the 
complexity  and  confusion  which  exists  in  county  government. 

"And  that  is  why,  as  I  understand  it,  you  are  here  to  try  to 
simplify  at  least  that  phase  of  the  great  question  of  government. 
No  doubt  it  is  true  that  all  government  tends  constantly  to  com- 
plexity, and  the  paralyzing  question  which  is  always  facing  us  is 
how  shall  we  keep  our  government  simple.  Whatever  may  be 
true  of  a  government,  such  as  the  Empire  of  Germany,  whatever 
may  be  true  of  other  countries,  it  is  certainly  true  of  a  democracy 
that  we  must  keep  the  government  at  its  practicable  minimum; 
that  is  to  say,  we  shall  be  governed  as  little  as  possible.  It  was 
our  boast  that  we  are  a  self-governing  people,  but  I  think  we  all 
agree  that  we  have  too  many  public  officials;  and  we  have  too 
many  names  on  the  ballot. 

Complex  Citizenship 

"I  had  an  experience  on  Election  Day  which  I  will  tell  you  was 
an  illuminating  one.  I  went  down  to  our  voting  machine  with 
the  best  intention  in  the  world  to  use  both  my  intelligence  and 
my  conscience.  I  had  found  I  needed  both.  I  voted  for  all  the 
men  I  wanted  until  I  came  to  the  delegates  to  the  Constitutional 
Convention.  I  did  not  want  to  vote  the  party  ticket,  but  I  saw 
no  prospects  of  doing  otherwise ;  I  saw  only  blank  spots.  I  called 
out  in  my  despair,  'I  want  to  vote  a  split  ticket!'  Two  friendly 
gentlemen  opened  the  curtain,  looked  carefully  to  see  how  I 
had  voted  and  then  handed  me  some  pasters,  sticky  side  up,  cov- 
ered with  names — the  names  of  all  the  candidates  of  all  the 
parties  of  the  delegates  to  the  Constitutional  Convention.  And 
they  said,  'You  tear  these  off  and  you  stick  them  on  and  then  you 
draw  the  curtain.'  It  took  some  time.  For  instance,  I  wanted  to 
vote  for  Judge  CuUen  and  Senator  Root.  It  made  complications. 
I  heard  low  grumbles  and  some  chuckles  which  were  not  sooth- 
ing to  the  ears  of  a  director  of  the  morals  of  youth,  I  was  ex- 
ceeding my  time.  I  was  told  in  stem  tones  that  I  was  taking  five 
minutes.  I  had  already  taken  five  minutes,  but  I  protested  from 
the  inside  that  I  wafl  trying  to  vote  intelligently.    Finally  I  found 

2 


my  way  out  arid  struggled  down  a  long  line  of  angry  faces.  I 
was  told  later  that  others  had  wished  to  vote  a  split  ticket,  but 
only  half  a  dozen  had  tried  to ;  the  rest  voted  the  straight  ticket. 

"Now,  that  is  to  my  mind  an  illustration  of  how  essential  it 
is  to  simplify  the  necessary  duties  of  citizenship.  The  simpler 
they  are  the  better  the  chances  of  having  them  performed  intelli- 
gently and  conscientiously ;  that  is  why  I  am  for  the  short  ballot 
and  I  hope  you  are.  I  want  to  know  the  man  I  am  voting  for; 
and  I  also  want  to  know  who  is  responsible  if  things  are  done 
nefariously.  We  are  never  going  to  get  good  government  in  the 
county  or  anjrwhere  else  until  we  come  to  the  point  where  we 
have  devised  a  plan  by  means  of  which  we  may  trace  the  respon- 
sibility and  hold  each  man  responsible  for  the  conduct  of  the 
trust  which  we  have  committed  to  his  hands. 

"I  wish,  gentlemen,  that  I  had  the  sagacity  of  some  of  the 
statesmen  who  have  been  boys  in  this  college,  such  as  Mr.  Sew- 
ard or  John  Bigelow,  or  even  of  the  sagacious  Dr.  Nott,  but  I 
have  not,  and  I  shall  only  be  able  to  sit  at  your  feet  and  learn  wis- 
dom. I  wish  to  assure  you  that  you  are  very  welcome  here,  and 
further  that  you  have  not  only  the  good  will,  but  also  the  active 
co-operation  of  Union  College  in  your  attempt  to  solve  one  of  the 
many  and  vexing  problems  of  public  government." 

Prof.  Frank  S.  Hoffman 

Professor  Hoffman :  "We  have  many  organizations  to  promote 
better  government.  We  have  the  Conference  of  Mayors  doing 
excellent  work.  I  have  attended  many  of  their  conferences  and 
have  been  much  interested  in  them.  They  were  started  by  a 
former  mayor  of  Schenectady,  Dr  Duryea,  and  have  been  carried 
on  with  great  success  and  profit.  I  attended  the  last  one  at  Au- 
burn, and  a  great  many  good  things  were  discussed.  In  addition 
we  have  the  Municipal  Government  Association  attending  to  the 
affairs  of  the  cities ;  so  that  all  these  different  departments  are 
well  represented. 

"But  when  attention  was  given  to  what  organization  we  would 
call  upon  to  help  along  this  matter  of  county  affairs  we  were 
surprised  that  there  was  no  organization  in  the  state  to 
help  this  along,  and  we  turned,  just  at  the  place  where  we  should 
turn,  to  The  New  York  Short  Ballot  Organization,  of  which  Mr. 
H.  S.  Gilbertson  is  secretary,  and  they  have  done  practically 
everjrthing  to  bring  about  this  conference.  They  give  the  services 
of  their  secretary  and  their  office  to  help  on  this  conference,  and 
I  want  you  to  know  it. 

3 


THE    i  PEOPLE 


bioTfT 


1— SUPT.  OF  INSUnANCE 

2 — SUPT.  OF  BANKINO 

3— STATU  HIonWAY  l!OMMI8810N 

4— ADJUTANT  fJKNlCHAL, 

D— 8TATK  COMMISSION  OF  ISXCISB 

0— STATK  HoAIU>  OF  TAX   CoM'US 

7_COMM'U  <»F  KOtTCATION 

8_sr\l  I-.    HI  (Alt!  >  OF  CIIAUITIKS 


THE     PEOPLE      C 


THIS   IS  A   NKW    YOUK   COIMV— ALL  OKI  HERS  ELFXTED  INDEI'ENDE 

LAWS.  HEADLESS,   UUi ES P«  ^ 


OF      THE     COVNTY 


THE        STATE 


9^-COUXTY  SUPT.   OF  HIGHWJ 
10_JAIL  PHYSIC  I  A3Sr 
11 — COUXTY  SEALER 
12— COMMR  OF  AGRICULTURE 
13— PRISON  COMM'R 
14 — C031MR   OF  LABOR 
15_COMMR  OF  HEALTH 


LY  OF  EACH  OTHER  AND  CO-ORDINATED   THEORETICALLY   BY   ELABORATE 
SIBLE,   INEFFICIENT,   OBSCURE. 

[3A]  • 


"As  a  Thatter  of  fact,  this  is  the  only  conference  of  the  kind 
that  I  know  of  ever  being  held  anywhere.  Two  states  have  at- 
tempted to  do  a  little  in  this  matter  of  county  government,  Cali- 
lornia  and  Ohio,  but  little  has  been  done  in  the  East  in  the  way 
of  making  amendments  to  the  county  law.  If  you  should  examine 
the  county  law  on  the  subject  of  the  management  of  counties  you 
would  find  that  on  its  ground  work  have  been  piled  up  more 
amendments,  a  good  many  more  in  some  places  than  the  original 
foundation,  and  the  original  foundation  is  not  big  enough  to  carry 
them,  and  it  has  got  to  be  so  complex  that  the  diagram  which 
has  been  referred  to  only  dimly  reflects  the  truth.  It  is  so  com- 
plex in  many  cases  that  one  hardly  knows  what  to  do  about  it. 

"The  object  of  this  conference  is  only  to  try  to  do  something 
to  bring  the  people  together.  We  have  no  program  to  propose 
to  you.  We  want  you,  in  the  light  of  the  experience  the  speakers 
will  present  to  us,  to  make  up  your  minds  what  can  be  done  to 
improve  our  county  government.  I  want  it  expressly  understood 
that  we,  as  a  committee,  have  no  intention  whatsoever  of  impos- 
ing anything  on  this  conference — which  is  as  free  as  air  to  make 
up  its  own  mind  and  do  as  it  pleases — but  we  hope  that  as  the  re- 
sult of  its  deliberations  something  will  be  framed  approaching  at 
least  a  suitable  memorial  to  the  Constitutional  Convention.  Twen- 
ty-four hours  is  a  very  short  time. 

"Many  of  our  city  conditions  have  improved  in  the  last  ten 
years.  I  suppose  many  of  you  are  aware  how  extensively  the 
commission  form  of  government  has  taken  the  place  of  the  old 
form ;  but  this  matter  of  county  government  is  just  being 
touched,  and  for  that  reason  this  is  an  important  company,  the 
pioneer  conference  on  this  subject.  I  have  taken  the  liberty  of 
sending  this  general  circular  to  many  people  outside  the  state — 
and  some  of  my  replies  are  very  interesting — just  to  call  atten- 
tion to  what  we  are  doing.  They  are  looking  to  this  place  to  find 
what  they  can  in  our  eff'orts  that  would  help  them,  and  I  have  no 
doubt  the  addresses  that  are  given  here  will  be  widely  circulated 
all  over  the  United  States,  and  I  congratulate  those  who  have 
been  asked  to  read  papers. 

"I  will  ask  Mr.  Cartwright  to  present  to  us  his  paper." 


SOME  NEEDS  TO  BE  CONSIDERED  IN  RECONSTRUCTING 
COUNTY  GOVERNMENT 

By  OTHO  GRANTFORD  CARTWRIGHT, 
Director  of  the  Westchester  County  Research  Bureau 

"We  have  learned  a  great  deal  in  the  last,  three  or  four  years 
about  the  public  affairs  of  Westchester  County.  We  have  pub- 
lished some  things  about  them.  The  results  of  our  publications 
and  propaganda  have  been  in  one  direction  to  awake  unwonted 
interest  not  only  in  the  county's  public  business,  but  in  that  of 
the  local  municipalities,  which  are  either  sub-divisions  of  the 
county  or  independent  minor  municipalities.  In  another  direction 
it  has  been  to  establish  several  important  improvements  in 
method,  and  economies  in  result,  of  administration.  In  still  an- 
other direction  it  has  been  to  antagonize  bitterly  partisan  leader- 
ship and  the  beneficiaries  of  such  partisan  leadership,  whose  reve- 
nues from  county  patronage  have  been  correspondingly  reduced. 
The  most  hopeful  result  that  it  has  revealed  is  the  fact  that  pub- 
lic officials  are  willing  to  act  upon  suggested  improvements  and 
to  adopt  them  both  in  securing  legislative  enactment  and  in 
improving  official  practice  under  the  existing  law.  It  has  also 
revealed  the  fact  that  partisan  leadership  will  work  for  such  im- 
provements so  far  as  can  be  risked  without  encouraging  public 
demand  for  good  government  to  a  point  where  it  may  endanger 
the  predominance  of  the  party  boss. 

The  High  Cost  of  County  Government 

"So  many  things  are  needed  to  bring  public  service  in  the 
counties  of  our  state  up  to  ordinary  business  efficiency  that  if 
I  were  to  read  you  a  detailed  list  of  them  I  fear  there  would  be 
few  auditors  left  in  the  hall  to  listen  to  any  subsequent  argument. 
I  can  only  tell  you  of  some  of  the  most  important  matters  in 
which  there  is  room  for  increase  in  eflSciency  in  both  the  amount 
and  character  of  service  rendered  and  great  possibility  for  de- 
creasing enormous  cost,  for  it  does  cost  nearly  a  million  and  a 
half  dollars  a  year  to  run  Westchester  County,  and  it  costs  eight 
or  ten  millions  a  year  to  run  all  the  various  governments  in  the 
county;  whereas,  under  a  simple  organization  fully  one-half  of 
that  cost  might  be  saved.  I  am  free  to  make  this  assertion.  With 
a  simpler  system  of  law  and  of  government  organization,  not  only 
the  county  needs  now  served,  but  also  all  the  more  important  of 
those  which  are  not  now  served  could  be  taken  care  of  much 
more  amply  than  now  for  less  than  half  the  present  cost. 

5 


Fewer  Officers 

"The  first  need  of  the  county  is  centralization  of  power  and 
reduction  of  the  number  of  officers.  The  county  has  already 
achieved  the  reduction  of  tax .  collectors  from  something  over 
200  to  less  than  fifty,  and  in  doing  so  they  brought  about  much 
greater  efficiency  in*  the  collection  of  taxes.  The  new  law  goes 
into  effect  the  first  of  January,  1915.  What  it  will  achieve  in  the 
matter  of  economy  remains  to  be  seen.  There  are  several  points 
in  which  the  bureau  has  criticized  it,  but  most  of  these  can  be 
amended,  and  no  doubt  effort  will  be  made  to  have  such  amend- 
ments passed  as  soon  as  possible.  Now  the  bureau  further  states, 
without  hesitation,  that  these  forty  odd  officials  could  be  reduced 
to  a  dozen,  with  still  greater  efficiency  in  the  collection  of  taxes 
and  certainly  much  greater  economy.  The  bureau  further  con- 
fidently asserts  that  the  number  of  men  in  the  total  civil  service 
of  Westchester  County  (not  simply  the  competitive  service) 
could  be  cut  in  half,  and  the  salaries  of  most  of  the  department 
heads  could  be  cut  in  half,  and  still  the  country  would  receive  bet- 
ter service  than  it  has  ever  known. 

"Enough  has  been  said  about  the  nondescript  nature  of  the 
functions  of  the  County  Board  of  Supervisors,  of  its  irresponsi- 
bility, of  the  blundering  character  of  its  business  transactions 
and  of  its  inability  to  get  anything  done  quickly  or  efficiently,  to 
obviate  the  need  of  my  criticising  that  body  in  this  convention. 
Without  reflecting  on  the  individual  members  of  the  board  as 
men,  most  of  whom  in  our  county  I  honor  and  respect  as  good 
citizens  and  conscientious  public  servants,  the  Board  of  Super- 
visors as  an  institution  is  an  incubus  wished  on  the  county  by 
previous  generations,  who,  undoubtedly  anticipating  the  modern 
demand  for  antique  heirlooms,  wanted  to  give  us  something  the 
mere  mention  of  which  would  always  remind  us  of  the  bygone 
days.  I  think  it  unnecessary  to  enlarge  upon  this  topic.  We 
need  in  its  place  a  small,  efficient  group  of  two  or  three  powerful 
officers  who  can  do  things  quickly  and  well  and  are  directly  re- 
sponsible to  the  people  of  the  county. 

Centralization  of  Public  Records 

"The  second  need  is  centralization  of  public  records  and  public 
documents ;  central  offices  where  we  may  obtain  full  information 
about  our  public  business,  and  a  central  office  from  which  uni- 
formity of  accounts  and  records  and  detail  of  governmental  pro- 
cedure may  be  enforced  and  directed  throughout  the  local  mu- 


nipipalities  of  the  county.  We  have  some  central  record  offices, 
such  as  the  county  clerk,  the  register  and  the  Bureau  of  Elec- 
tions, which  are  all,  by  the  way,  branches  or  offshoots  of  the 
county  clerk's  office.  But  the  records  contained  in  these  offices 
are  only  a  part  of  those  which  ought  to  be  there.  All  township 
records  of  taxation,  all  tax  maps,  all  proceedings  of  local  munici- 
pal government,  all  documents  and  records  which  could  possibly 
concern  the  transfer  of  a  piece  of  property  or  the  transaction  of 
a  piece  of  business  between  two  separate  parties  ought  to  be  on 
file  at  the  county  seat.  A  county  information  bureau,  if  we  may 
call  it  such,  is  a  very  great  and  pressing  need,  which  is  served 
in  hardly  any  capacity  in  New  York  counties. 

"Another  need  is  for  some  means  of  bringing  together  at  the 
county  seat,  as  often  during  the  course  of  a  year  as  is  necessary, 
all  holders  of  like  offices  in  the  various  townships  of  the  county 
for  the  purpose  of  instructing  them  as  to  the  nature  of  their 
duties,  and  the  proper  manner  of  performing  such  duties,  and 
the  proper  time  and  order  in  which  duties  should  be  performed, 
and  of  instructing  them  in  the  use  of  proper  forms  for  records, 
accounts  and  reports. 

Getting  the  Town  Officers  Together 

"For  example,  it  is  of  the  highest  importance  that  all  of  the 
town  clerks  of  the  county  should  meet  at  least  once  a  year  and 
receive  instructions  from  the  State  Comptroller's  examiners  as  to 
how  to  make  out  their  reports  of  audited  town  bills,  and  to  have 
specimen  reports  made  out  by  them  for  criticism  and  returned  to 
them  for  correction.  It  would  be  of  the  greatest  importance,  a 
service  of  the  highest  value,  to  all  the  communities  of  the  county 
to  have  the  tax  assessors  of  the  various  towns  meet  at  the  county 
seat,  or,  say,  at  the  most  central  and  convenient  place  for  such 
meeting  in  the  county,  to  be  instructed  how  to  make  out  their  tax 
rolls,  to  adopt  uniform  principles  of  valuation  of  their  assess- 
ments, graded  and  modified  according  to  location  and  character 
of  the  properties  to  be  assessed;  to  make  out,  under  the  eye  of 
an  expert,  specimen  pages  of  tax  rolls;  to  calculate  under  some 
such  plan  as  the  Somers'  scheme  for  valuation,  the  proper 
amount  for  which  to  assess  irregular  and  oddly  situated  pieces 
of  property.  These  matters  may  all  be  reduced  absolutely  to  a 
scientific  basis,  so  that  valuations  may  be  proportionately  uni- 
form throughout  the  county,  and  counties  uniform  in  such  mat- 
ters throughout  the  state. 

7 


"It  would  be  of  the  utmost  importance  for  the  tax  collectors  to 
have  a  similar  convention,  to  learn  how  to  make  out  their  tax 
bills  and  how  to  keep  records  of  taxes  received  and  disbursed, 
and  how  to  make  reports  of  their  proceedings.  And  so  on  I 
might  run  through  the  list  of  township  officers. 

County  Oflficials  and  County  Laws 

"We  have  talked  a  great  deal  in  our  bureau  about  uniformity 
in  local  administration;  about  the  necessity  and  advisability  of 
training  our  local  administrators  in  both  knowledge  of  the  law 
and  familiarity  with  forms  and  procedure,  and  the  undobuted 
wisdom  of  providing  for  their  guidance  a  code  of  instructions 
(duly  sanctioned  and  authorized  by  the  Legislature,  if  neces- 
sary) ,  which  should  show  each  particular  official  all  the  duties  of 
his  office  and  give  him  specific  direction  as  to  how,  when  and 
where  he  should  perform  each  of  such  duties.  Even  under  the 
inefficient  system  of  government  in  our  counties,  in  our  towns  and 
other  local  municipalities  that  we  now  possess  we  could  make 
very  satisfactory  progress,  achieve  economy,  efficiency  and  much 
more  satisfactory  service  for  the  needs  of  our  various  municipali- 
ties if  we  could  choose  more  competent  officials  for  our  publio 
offices ;  or  if,  after  having  chosen  men  who  are  themselves  unpre- 
pared and  poorly  equipped,  we  could  allow  them  a  certain  length 
of  time  in  which  to  acquire  the  necessary  preparation  and  train- 
ing, and  to  pass  satisfactory  tests  as  to  knowledge  of  the  duties 
and  functions  of  their  office  and  as  to  ability  to  execute  them 
properly  before  they  were  either  required  or  permitted  to  enter 
upon  those  duties. 

"The  chances  are  not  greater  than  one  to  one  hundred  that 
an  officer  will  steal.  They  are  one  hundred  to  one  that  he  will 
make  blunders  and  mistakes  and  unwittingly  perform  illegal  acts. 

The  Need  for  Trained  Officials 

"We  have  no  schools  for  the  training  of  men  for  public  office, 
except  such  an  institution  as  the  Bureau  of  Municipal  Research 
in  New  York,  which  trains  men  rather  for  the  higher  administra- 
tion in  big  cities  than  anywhere  else.  No  man  who  comes  out  of 
the  training  school  of  the  Bureau  of  Municipal  Research  of  New 
York  City  is  willing  to  accept  a  position  in  government  at  a 
smaller  compensation  than  $4,000  or  $5,000  a  year,  which,  of 
course,  effectively  eliminates  such  men  from  the  possibility  of 
public  service  in  the  smaller  municipalities.    Therefore,  we  may 

8 


say  that  we  have  no  training  school  for  public  office  for  small 
communities,  but  we  have  multitudes  of  public  offices  that  have 
to  be  filled  in  order  to  serve  the  community  interests,  and  v/e 
work  them  on  the  foolish  principle  of  short  term  and  much  rota- 
tion, putting  a  great  many  difi:erent  people  on  the  same  job,  with 
nobody  trained  to  do  it  well.  Sometimes  we  find  a  subordinate 
or  clerk  who  has  lasted  through  several  administrations  anc 
learned  the  duties  and  functions  of  the  office,  and  who  serves 
therein  as  a  schoolmaster  for  the  head  of  his  department  when 
that  functionary  is  newly  chosen.  It  takes  most  of  the  new 
functionary's  term  of  office  to  acquire  knowledge  of  how  to  per- 
form his  official  duties,  and  by  the  time  his  term  has  expired,  if 
he  is  at  all  interested  and  competent,  he  becomes  sufficiently 
trained  to  conduct  his  office  in  a  satisfactory  manner. 

"Multiplicity  of  elections  means  usually  the  elections  of  popular 
men,  and  popularity  is  gained  in  a  dozen  different  ways,  the 
easiest  and  most  taking  of  which  are  pleasing  personality,  good 
fellowship  and  free-handedness  to  those  in  difficulty.  Multitude 
rule  does  not  recognize  the  need  of  special  means  to  get  an  end 
desired.  'Go  straight  to  it'  is  the  popular  way.  Trained  services 
are  scoffed  at. 

The  Price  of  the  "Free"  Press 

"This  is  the  place  where  the  public  press  should  come  into 
service  to  help  educate  citizens  to  better  government  service  and 
to  formulate  opinions  favorable  to  good  public  service. 

"Perhaps  the  institution  that  we  have  cherished  most  in 
America  as  an  agency  of  democracy  is  a  free  and  independent 
press,  the  absence  of  restriction  or  censorship  over  such  press 
or  interference  with  it  in  anything  short  of  libel,  either  by  courts, 
sheriff  or  police  or  anything  but  popular  will.  We  adore  our 
idealized  freedom  to  express  individual  opinion— freedom  inde- 
pendently to  lead  popular  opinion  and  belief.  It  is  appalling, 
therefore,  to  find  that  the  county  press,  whence  flows  the  great- 
est and  most  powerful  influence  upon  local  public  opinion,  that 
newspapers  which  have  wide  circulation  are  at  least  partly  sup- 
ported and  undoubtedly  swayed  by  political  patronage;  that,  in 
fact,  if  it  were  not  for  such  political  patronage  probably  a  good 
many  of  these  newspapers  would  be  unable  to  meet  expenses  and 
would  cease  to  exist. 

"Under  such  conditions  the  newspapers,  which  derive  their 
greatest  revenue  from  printing  awarded  them  as  political  patron- 


age,  cannot  be  expected  to  publish  facts  or  figures  tending  to 
show  maladministration  on  the  part  of  the  officers  elected  by 
their  own  party.  Therefore,  the  first  thing  that  a  bureau  of  this 
kind  has  to  encounter  is  how  to  inform  the  public  of  the  existence 
of  waste  that  it  discovers  and  how  to  make  the  public  cognizant 
of  desirable  improvements, 

"Publicity  through  independent  bulletin  service  is  very  ex- 
pensive. In  Westchester  County,  for  example,  a  single  bulletin 
that  reaches  the  majority  of  the  population  costs  in  postage  alone 
at  least  $500.  Our  bulletins  are  always  sent  to  the  newspapers. 
About  four  or  five  newspapers  reprint  them.  Then  about  fifty 
or  sixty  either  ignore  them  or  take  particular  pains  to  deny 
about  everything  said  in  the  bulletins  and  criticize  organizations 
that  publish  such  facts,  with  this  exception:  bulletins  that  can 
be  construed  to  reflect  on  one  political  party  will  sometimes  be 
taken  up  by  the  papers  of  the  opposite  party  and  used  as  political 
capital,  and  vice-versa. 

"Eventually,  however,  each  set  of  papers  realizing  that  the 
bureau  is  not  a  backer  of  either  party,  and  cannot  be  relied  upon 
as  such,  will  begin  to  attack  it,  and  finally  papers  of  both  parties 
refuse  to  accept  publicity  items — not  only  refuse  to  accept  them, 
but  deny  their  truth. 

"You  wish  to  know,  perhaps,  something  about  this  pay  of 
newspapers.  I  will  give  you  some  illustrative  facts  in  West- 
chester County.  Other  counties  in  the  state  seem  to  be  not  quite 
so  bad  in  this  respect.  I  regret  that  this  is  a  most  important 
element  of  the  situation  in  Westchester  County.  It  is  such,  how- 
ever, and  one  which  we  must  find  means  to  overcome  before  any 
far-reaching  reform  can  be  realized  in  public  administration. 

"The  following  list  comprises  papers  that  were  designated  offi- 
cially to  publish  a  lot  of  political  piffle  prescribed  by  special  and 
general  laws.  Most  of  the  matter  published  is  of  little  use  to 
anybody  except  as  partisan  patronage  and  as  a  source  of  income 
to  the  editors.  It  cost  the  county  the  following  sums  during  the 
period  from  April,  1907,  to  April,  1913: 

Distribution  of  Official  Printing  in  Westchester  County 
April,  1907,  to  April,  1913 

Approximate 
Newspaper  Amount  Politics       Circulation 

1  White    I'lains   Daily   Record  $ll>,t;;u.22  Rep.  2,200 

2  Yonkers  Daily  News.. _  10,1)70.08  "  6,000 

3  Mount  Vernon   Daily  Arpfus  16,233.46  "  5,000 

10 


Approximate 

Newspaper                                         Amount             Politics  Circulation 

4  New  Rochelle  Pioneer $13,278.16             Rep.  2,500 

5  Ossining    Citizen 12,470.93               "  1,000 

6  Portchester  Record —             11,781.49            Dem.  1,790 

7  Citizen  Bulletin 10,809.01               "  1,000 

8  Yonkers  Herald 10,064.58               "  2,000 

9  Larchmont  Times 9,736.09            Rep.  900 

10  Westchester      County      Re- 

porter                  8,192.83             Dem.  1,750 

11  Highland  Democrat 8,055.08              "  1,750 

12  Tarrytown  Argus 7,913.00             Rep.  500 

13  White  Plains  Daily  Argus__               7,511.50             Ind.  R.  2,500 

14  Portchester  Item 7,161.50             Rep.  2,034 

15  Peekskill  Daily  Union 7,015.83              "  1,750 

16  Eastern  State  Journal 6,685.00             Dem.  2,250 

17  Mount  Vernon  Eag-le 6,554.50               "  1,000 

18  Yonkers  Observer 5,437.50               "  2,000 

19  North  Westchester  Times..               5,288.50             Ind.  D.  1,200 

20  Pelham  Register 4,560.75            Dem.  750 

21  Peekskill  Review 4,530.25               "  2,000 

22  Tarrytown   Review 4,178.00               "  1,600 

23  Dobbs  Ferry  Register 4,015.00             Rep.  900 

24  Democratic  Register 4,005.00             Dem.  2,500 

25  Peekskill  Evening  News 3,677.38            Rep.  2,100 

All  Others  (25) 33,684.67 

Total $  249,444.31 

The  following  table  shows   the  distribution  of  all  printing, 
including  the  above  designations,  for  one  year,  1911: 
Printing  Expenditure  in  Westchester  County  for  the  Year  1911 

Newspaper  Amount 

1  Gazette   Press $32,637.56 

2  Yonkers    Daily   News 11,573.71 

3  Westchester  News   )  _  „„„  _„ 
George  T.  Long       \ ^'^^^-^^ 

4  White  Plains  Daily  Record 7,762.41 

5  Portchester  Record  Company 5,288.01 

6  White  Plains  Daily  Reporter    )  r  qqa  •. o 
Westchester  County  Reporter  ) 

7  Citizen    Bulletin 4,039.33 

8  Yonkers   Herald 3,583.83 

9  Mount  Vernon   Daily   Argus 3,285.67 

10  Portchester   Item 

.       Daily  Item  Press 2,645.75 

Portchester  Enterprise 

11  New  Rochelle  Pioneer.... ._  2,370.83 

12  Peekskill  Daily  Union           ^  „  „  .„  ^„ 
Peekskill  Messenger  Critic  j  ' 

11 


Newspaper  Amount 

13  White  Plains  Daily  Argus $2,133.06 

14  Democratic    Register 2,107.50 

15  Highland    Democrat ■. 2,082.58 

16  Pelham  Register  }  -   ^  nnj  cq 

Harrison  Herald  ' 

17  Ossining    Citizen 1,854.88 

18  Tarrytown  Argus  ■,  ^oq  cq 
Tarrytown  News 

19  New  Rochelle   Evening   Standard 1,680.25 

20  Compass  Publishing  Company 1,502.80 

21  Peekskill  Evening  News 1,333.88 

22  Rye  Courier 1,315.50 

23  Eastern   State  Journal 1,200.50 

24  Pelham   Sun 1,182.00 

All    Others 8,895.27 


Total $117,374.64 

"One  paper  in  the  foregoing  list,  the  'Northwestern  Times,' 
was  so  indiscreet  and  independent  as  to  submit  to  the  Board  of 
Supervisors  for  audit,  in  1910,  a  bill  for  the  publication  of  county- 
accounts  at  a  proper  rate.  The  bill  amounted  to  $600.  The  other 
papers  that  published  this  matter  remonstrated  and  tried  to  get 
the  editor  of  the  'Times'  to  raise  his  figure.  They  were  charging 
$1,050  each  for  the  same  matter.  But  the  editor  of  the  'Times' 
said,  'No,  $600  is  the  legal  price  and,  moreover,  it  is  good  pay.' 
The  Board  of  Supervisors  audited  his  claim  and  were,  of  course, 
obliged  to  cut  the  other  papers  down  to  the  same  figure.  So  this 
paper  saved  the  county  $2,250  by  that  one  act.  Since  then  it 
has  received  no  more  county  designations. 

"If  it  were  not  for  the  fact  that  the  great  New  York  dailies 
circulate  widely  in  Westchester  County,  more  widely,  perhaps, 
than  the  locals  themselves,  and  that  we  can  often  secure  their 
aid  in  propaganda,  the  conditions  outlined  would  be  much  more 
serious  than  they  are. 

"We  need  a  central  power  to  enforce  the  regularities  and  uni- 
formities which  I  have  shown  might  be  engendered  at  the  indi- 
cated county  conferences  of  local  officials.  Without  the  power 
to  enforce  them  it  is  not  of  much  use  to  prescribe  them.  In  the 
first  place,  a  fine  on  such  officers  for  not  attending  such  con- 
ferences should  be  imposed ;  a  fine  of  sufficient  dimension  to  make 
it  an  object  for  them  to  attend.  The  penalty  for  not  carrying 
out  regulations  there  developed  and  prescribed  should  be  removal 
from  office. 

12 


Modem  Accounting  Systems 

"We  need  modern  accounting  systems  in  the  various  counties 
of  the  state,  and  not  only  in  the  counties  but  in  the  townships, 
villages  and  school  districts;  accounts  that  will  show  the  exact 
condition  of  the  public  estate  of  those  communities  at  any  mo- 
ment; that  will  show  how  much  the  community  owns  in  all  its 
various  forms  of  preperty,  how  much  it  owes  both  in  obligations 
currently  falling  due  and  in  those  to  be  paid  off  in  the  future, 
possibly  by  future  generations;  and  of  such  indebtedness  the 
accounts  should  show  what  part  is  a  refunding  of  debt  incurred 
for  improvements  long  ago  worn  out,  and  what  part  is  for  those 
which  the  present  tax-payers  may  enjoy.  Although  the  State 
Comptroller's  office  is  doing  excellent  work  in  this  respect,  the 
matter  is  still  in  what  might  be  called  a  state  of  incipient  ger- 
mination. 

"Another  need  is  economy  in  the  purchase  of  supplies,  public 
printing  and  miscellaneous  contracts  and  services.  Westchester 
County  may  be  held  up  as  a  brilliantly  illumined  example  of 
extravagance  in  these  matters.  I  could  give  you  a  long  list  of 
purchases  of  supplies  for  Westchester  County  at  extravagant 
prices  that  would  probably  entertain  you  greatly,  but  I  doubt 
whether  it  would  avail  much  to  do  so.  One  or  two  instances  may 
serve,  however,  to  illustrate  what  you  may  find  in  your  own  com- 
munity if  you  look  closely  enough.  We  found  the  Board  of 
Supervisors  annually  auditing  bills  for  $8  fountain  pens  for  each 
member  of  the  board ;  we  found  the  clerk  of  the  board  doing  up 
packages  of  various  sorts  of  office  supplies — ^pads,  bottles  of  ink, 
beautiful  inkstands,  fancy  pencils,  blotters  and  what  not? — one 
package  for  each  member  of  the  board  to  take  home  with  him 
every  year.  I  have  not  examined  this  matter  closely  enough  to 
ascertain  whether  this  is  an  annual  or  a  semi-annual  custom. 
It  may  be  possible  that  the  various  members  of  the  board  paid 
for  these  packages,  but  if  they  did  we  have  found  no  record  of 
any  such  receipts  in  the  accounts  of  the  county  treasurer. 

A  Few  Extravagances 

"We  have  found  in  years  past  bills  audited  and  paid  for  sets 
of  solid  silver  table  knives  and  forks.  I  forget  now  whether  they 
were  for  the  jail  warden  or  the  superintendent  of  the  poor. 

"We  have  found  indexes  for  mortgages  and  deeds  purchased 
at  $81  a  volume  that  any  one  could  purchase  in  the  open  market 
for  $21  or  $22  a  volume;  and  the  county  even  now  is  auditing 

13 


and  paying  bills  for  McMillan  loose-leaf  record  books  at  $24  per 
volume  that  a  competing  firm  offers  to  supply  in  small  or  large 
quantities  of  the  same  grade  and  quality  of  material  and  work- 
manship for  $18  per  volume. 

"We  paid  several  thousand  dollars  for  about  a  $500  job  of 
painting  in  the  Surrogate's  courtrooms,  and  a  proportionately 
greater  amount  for  painting  in  the  county  library. 

"We  pay  the  county  clerk  $10,000  a  year,  the  sheriff  $10,000 
a  year,  the  county  treasurer  $10,000  a  year  and  the  county 
judge  $10,000  a  year,  the  surrogate  $10,000  a  year  and  the  comp- 
troller will  probably  be  paid  $10,000  a  year.  The  district  attorney 
is  paid  $8,500  a  year.  You  will  observe  that  the  county  clerk 
receives  more  than  the  district  attorney.  He  receives  the  same 
compensation  as  the  judge  of  the  court  of  which  he  is  the  clerk. 
He  receives  a  considerably  larger  salary  than  his  superior  officer, 
the  Secretary  of  State.  As  far  as  salary  goes  he  is  on  a  par 
with  the  Governor.  The  county  treasurer,  who  is  merely  a 
custodian  of  funds,  also  receives  the  same  salary  as  the  Gov- 
ernor, who  is  his  superior  officer.  Going  down  the  list  of  subor- 
dinates in  similar  ratio  we  ought  to  pay  the  deputy  county  clerk 
or  deputy  treasurer  $12,000  or  $15,000  a  year,  and  the  assistant 
clerks  in  the  office  $20,000  each  a  year.  Dividing  each  amount 
by  ten,  perhaps,  would  be  a  proper  proportion,  if  services  were 
to  be  valued  according  to  their  merits. 

Uniform  Highway  Administration 

"One  of  the  greatest  needs  in  the  county  is  a  uniform  admin- 
istration of  the  highways.  We  need  a  great  extension  of  our 
roads,  and  we  need  them  at  a  smaller  cost.  We  need  to  plan  the 
county's  roads  as  an  entire  system,  not  as  a  number  of  separate 
and  distinct  segments,  parcelled  out  here  and  there  as  political 
bargains.  There  are  a  good  many  ways  in  which  roads  could 
be  built  for  a  small  portion  of  what  they  now  cost  the  county 
and  the  various  communities  of  the  county.  The  character  of 
the  pavements  should  be  studied,  and  the  character  of  the  con- 
tracts let  for  the  building  of  roads  should  be  gone  into  thor- 
oughly. The  question  of  whether  the  county  ought  not  to  build 
its  own  roads  with  its  own  employees,  rather  than  let  them  to 
private  contractors,  needs  to  be  studied.  Investigation  of  this 
nature  would  probably  ramify  into  the  question  of  unemployed 
labor  within  the  county's  borders.     Indeed,  various  important 

14 


questions  of  an  industrial  nature  ought  to  be  studied  in  mapping 
out  a  competent  scheme  of  county  government. 

"One  of  the  greatest  needs  of  the  community  is  the  reduction 
of  the  cost  of  administration  of  justice  and  the  expedition  of 
the  trial  of  causes  and  the  delivery  of  judgment.  The  drafting 
of  jurors,  the  granting  of  exemptions,  the  question  of  repetition 
of  services  and  fees  and  all  the  multitudinous  expenses  of  court 
services  which  seem  to  the  layman  exorbitant  and  useless  need 
to  be  studied  and  methods  devised  of  freeing  the  poor  man  from 
as  much  of  this  burden  as  possible. 

A  Scientific  Budget 

"A  paramount  necessity,  which  surrounds  and  comprehends 
all  the  rest  is  scientific  construction  and  adoption  of  a  proper 
budget  to  provide  for  the  service  of  these  needs  in  economical 
and  yet  satisfactory  manner.  The  County  of  Westchester  has 
adopted  recently  the  budget  plan  and  system  of  county  accounts 
outlined  by  the  State  Comptroller,  but  it  has  not  gone  any  fur- 
ther than  that.  Although  it  has  made  great  improvements,  there 
are  many  steps  in  advance  yet  for  the  County  of  Westchester  to 
take  in  this  regard.  Before  the  budget  is  adopted  the  Board  of 
Supervisors  owes  it  to  the  people  of  Westchester  County  to  hold 
budget  hearings  and  to  permit  the  people  to  express  their  views 
as  to  the  propriety  of  various  budgetary  provisions;  and  the 
Board  of  Supervisors  owes  to  the  people  of  Westchester  County 
to  be  guided  thereby. 

"We  have  just  created  in  Westchester  County  the  office  of 
county  comptroller  and  have  elected  to  that  office  a  candidate 
whose  qualifications,  so  far  as  we  know  them,  make  us  anticipate 
excellent  service  in  t>in^-  office.  It  remains  to  be  seen  whether 
our  anticipations  are  to  be  realized.  The  duties  of  this  officer  are 
probably  known  to  all  the  people  attending  this  convention.  He 
is  the  county's  chief  fiscal  oflftcer,  and  he  has  power  to  examine 
all  the  accounts  of  all  the  various  county  departments  and  of- 
ficials and  to  prescribe  the  system  upon  which  they  shall  be  kept. 
He  has  to  examine  payrolls  and  determine  what  amounts  shall 
be  recommended  to  the  Board  of  Supervisors,  to  be  allowed  by 
them  as  compensation  to  salaried  officials.  He  has  similar  powers 
over  county  claims.  It  is  his  duty  to  dispose  of  the  county's 
marketable  securities.  He  is  not  an  auditor  in  the  sense  that 
his  determination  of  the  amounts  to  be  allowed  is  final;  that 
power  rests  with  the  Board  of  Supervisors.     He  is  an  auditor 

15 


in  the  sense  that  he  can  make  an  audit  of  the  accounts  of  any 
county  department,  and  in  that  sense  only. 

"The  county  comptroller  would  be  a  vastly  more  useful  officer 
if  he  had  the  power  to  audit  the  accounts  of  towns,  villages  and 
other  municipalities  within  his  county,  and  if  his  office  were  given 
the  power  of  final  audit  over  all  county  disbursements  we  should 
then  not  have  to  wait  ten  years  or  twenty  or  maybe  a  hundred 
for  the  State  Comptroller's  fifteen  men  to  get  around  our  indi- 
vidual municipalities  to  examine  and  clear  up  their  accounts. 

The  Need  for  State  Control. 

"It  should  rest  with  the  state  to  see  that  the  counties  were  all 
uniform  in  methods,  records,  accounts,  reports,  procedure,  etc., 
and  it  would  rest  with  the  county  authorities  to  see  that  the 
towns  within  the  county  had  such  uniformity  and  carried  it  out. 
With  the  power  to  enforce  uniformity  must  go  also  the  power 
of  examination,  the  right  of  access  at  all  times  to  records  and 
data  of  any  nature  that  pertain  to  the  administration  of  the  local 
public  officers. 

"You  may  ask  here,  why  cannot  the  State  Comptroller's  men 
satisfy  this  need  of  auditing  the  finances  of  our  municipalities  ? 

"One  reason  is  because,  however  expert  and  however  diligent, 
they  are  not  superhuman  and  there  are  only  fifteen  of  them. 
There  are  over  one  thousand  municipalities  in  the  state  whose 
finances  they  now  have  the  power  to  audit.  It  would  take  fifteen 
men  working  at  high  pressure  from  six  to  ten  years  to  cover 
these  1,000  municipalities  once.  Of  course,  the  little  towns  are  the 
ones  that  have  to  wait  ten  years,  some  of  them  perhaps  more. 
So  you  see  that  even  though  the  Comptroller  has  provided  him- 
self with  a  body  of  competent  and  able  experts,  the  limited  num- 
ber which  the  law  permits  him  to  employ  cannot  by  any  means 
satisfy  the  public  needs  in  this  respect. 

"You  may  say,  then  let  us  increase  the  Comptroller's  force  so 
that  every  municipality  may  have  at  least  an  annual  audit.  That 
would  be  very  desirable,  but  it  would  cost  upwards  of  a  half 
million  dollars  a  year  to  supply  such  a  force.  Nevertheless,  in 
spite  of  that  enormous  cost,  real  annual  examinations  would 
doubtless  be  well  worth  the  money.  But  why  should  the  state 
pay  for  it? 

"A  plan  to  induce  the  Legislature  to  create  150  or  more  new 
positions  of  municpal  examiners  and  to  appropriate  from  $3,000 
to  $6,000  of  state  money  to  secure  a  competent  man  in  each 

16 


position  might  not  be  impossible  of  realization.  But  why 
shouldn't  your  town  or  your  village  attend  to  watching  its  own 
finances  and  its  own  bills?  Why  should  the  state  be  asked  to 
do  more  than  to  prescribe  uniformity  and  system,  and  see  that 
such  are  maintained  and  enforced  through  the  medium  of  cen- 
tralized county  authorities,  such  as  I  have  indicated,  clothed 
with  the  proper  powers? 

"One  service  with  which  every  community  must  eventually  be 
pro\ided  is  some  means  of  exercising  a  simple  ballot,  an  honest 
ballot  and  a  full  ballot  on  election  days.  As  it  is  now,  the  total 
vote  of  the  county  is  ordinarily  about  one-sixth  the  population, 
and  in  local  village  elections,  it  is  frequently  as  low  as  one-thir- 
tieth or  one-fortieth  of  the  population.  The  great  need  in  this 
respect  is  to  find  a  way  in  which  the  franchise  may  be  put  into 
the  hands  of  those  who  know  how  to  exercise  it  properly  without 
distinction  of  sex,  race  or  social  classification,  and  that  means 
shall  be  improved  for  voting  secretly  and  according  to  the  dic- 
tates of  the  voter's  own  reason  and  conscience. 

"When  we  finally  make  up  our  mind,  after  studying  all  these 
needs  and  more,  what  sort  of  a  plan  we  approve  for  governing  the 
subdivisions  of  the  state  (including  county,  town,  village,  smaller 
cities,  school  districts,  etc.)  we  shall  probably  find  that  constitu- 
tional barriers  as  they  now  stand  will  greatly  interfere  with  the 
erection  of  very  satisfactory  models  for  such  government. 

The  Short  Ballot  for  Counties 

"In  the  bill  that  was  proposed  last  year  by  the  New  York  Short 
Ballot  Organization  the  attempt  was  made  to  adapt  the  revised 
scheme  of  county  government  to  the  provisions  of  the  present 
Constitution  of  New  York  State;  It  was  necessary  to  retain  all 
the  constitutional  officers  and  to  provide  for  their  election  as  the 
constitution  required.  These  constitutional  officers  were  the 
judicial  officers  of  the  county,  the  board  of  supervisors,  a  sheriff, 
a  county  clerk,  a  district  attorney,  and  where  the  voters  so  elect, 
a  register.  There  is  grave  doubt  as  to  the  wisdom  of  electing 
all  these  officials.  I  fail  to  perceive,  for  example,  the  necessity 
of  electing  a  sheriff  by  popular  ballot.  I  think  the  office  of  sheriff 
is  going  out  in  time.  The  coroner  is  surely  going  to  be  abolished 
very  soon,  and  the  sheriff  will  shortly  afterwards  follow  him. 
New  York  City  will  probably  be  the  first  to  get  rid  of  its  sheriffs. 
It  will  retain  its  police.  I  doubt  very  much  if  New  York  City 
would  think  it  in  any  measure  the  part  of  wisdom  to  elect  its 

17 


police  commissoners  by  popular  ballot,  or  its  fire  chief,  or  its 
commissioner  of  correction,  or  any  of  the  heads  of  the  big  de- 
partments now  appointed  by  the  mayor.  There  is  no  argument 
for  any  real  logical  tenability,  that  I  have  seen,  as  to  why  the 
sheriff  should  not  be  appointed  to  his  office  either  by  the  county 
commission  (in  a  commission  government  county)  or  by  the 
chief  executive  officer  of  such  a  county  (a  county  manager) 
in  much  the  same  manner  as  the  police  commissioner  is  ap- 
pointed in  a  large  city  by  the  mayor. 

"It  is  quite  possible  that  a  wisely  organized  system  of  either 
state  police  or  county  police  would  obviate  the  necessity  of  hav- 
ing a  sheriff.  Except  for  court  duties,  there  appears  to  be  noth- 
ing that  the  sheriff  does  which  could  not  be  attended  to  with 
much  greater  efficiency  than  he  now  shows  in  such  duties  by  a 
state  police  or  state  constabulary,  whichever  term  may  be  more 
acceptable.  The  chief  objection  that  I  have  heard  to  the  state 
constabulary  is  the  objection  of  labor  unions,  who  seem  to  feel 
that  such  a  force  is  a  powerful  agent  of  the  devil  placed  in  the 
hands  of  the  capitalists  for  the  suppression  of  the  laboring  man. 
In  other  words,  because  the  state  constabulary  of  Pennsylvania 
very  ably  and  very  efficiently  quelled  labor  riots  in  that  state, 
the  labor  unions  will  have  none  of  them.  The  fact  that  the  state 
police  there  were  impartial  and  protected  the  rights  of  the  labor- 
ers themselves  as  well  as  the  capitalists,  seems  to  have  very  little 
effect  upon  the  minds  of  the  unions.  Of  course  it  would  be  neces- 
sary in  studying  this  question  to  examine  into  the  validity  of 
these  objections  to  sustain  any  just  claims  of  the  labor  unions 
and  to  reveal  clearly  wherein  their  objections  are  without  foun- 
dation. 

"The  relation  of  the  sheriff's  functions  to  electoral  control, 
and  the  weighing  of  such  functions  in  the  balance  with  those  of 
a  state  police  or  a  state  police  with  county  control  is  a  very  im- 
portant matter  to  be  considered  in  the  reform  of  county  govern- 
ment. 

"I  see  no  objection,  either,  to  the  appointment,  instead  of  the 
election  by  popular  ballot,  of  the  county  clerk,  the  county  regis- 
ter, the  county  treasurer,  the  county  comptroller  or  county 
auditor,  where  an  auditor  is  chosen  instead  of  a  comptroller. 
Under  a  small  board  of  directors  with  a  county  manager  these 
and  other  officers  could  all  be  appointed  by  the  manager,  who 
should  be  empowered  to  exercise  great  freedom  in  searching  any 
part  of  the  country  to  obtain  the  most  desirable  men,  who  should 

18 


select  the  best  that  he  can  obtain,  who  should  promptly  get  rid 
of  the  incompetent  and  inefficient,  and  who  should  himself  depend 
for  his  tenure  of  office  upon  the  ability  with  which  he  conducts 
the  management  of  the  county. 

Subdivisions  of  the  County 

"There  is  undoubtedly  a  great  deal  to  be  studied  as  yet  re- 
garding the  relation  of  county  government  to  township,  school 
district,  village  and  city  government.  We  have  been  studying 
county  government  detached,  county  government  as  a  separate 
entity.  Of  course,  in  any  process  of  analysis  it  is  necessary  and 
wise  and  scientific  to  detach  from  the  various  compounds  in 
which  it  is  found  the  element  under  examination.  Following 
that  scientific  principle,  many  of  the  members  of  this  Conference 
have  been  trying  to  detach  the  county  as  such  from  the  town, 
the  state,  the  educational  departments,  etc. — to  precipitate  it 
out  of  the  mixture,  as  it  were,  by  applying  various  reagent  prin- 
ciples. It  seems  to  me,  however,  that  when  the  county  is  thus 
separated,  we  have  left  out  of  the  problem  many  important  ele- 
ments; we  have  put  out  of  sight  many  of  the  most  important 
relations  which  the  county  sustains.  If  we  then  build  up  a 
county  government  without  these  before  us,  while  we  can  con- 
struct one  that  is  simple,  scientific  and  direct — a  perfect  model — 
it  will,  when  applied,  lack  many  of  the  essentials  to  adapt  it  to 
the  other  local  governments  with  whose  functions  the  county 
is  closely  intermingled. 

"In  any  sweeping  reform,  therefore,  we  must  consider  all  the 
elements  concerned.  We  must  study  the  township  and  its  rela- 
tion to  the  county  in  the  matter  of  the  levy  and  collection  of 
taxes,  in  the  matter  of  equalization  of  assessed  valuations,  in 
the  matter  of  an  auditing  control  of  township  finances,  township 
expenditures,  township  indebtedness,  etc.;  in  the  matter  of  the 
registration  of  instruments  for  the  transfer  of  property  and  of 
the  custody  and  preservation  of  such  records;  in  the  matter  of 
demarcation  of  jurisdiction  as  between  town  and  county  officials, 
whether  such  officials  are  primarily  executive,  legislative  or  ju- 
dicial. 

"Studies  of  the  same  character  and  scope  must  be  made  in 
relation  to  village  government  and  in  relation  to  the  various 
smaller  municipal  districts,  such  as  schools,  water  districts,  fire 
districts,  sewer  districts  and  a  multitude  of  such  smaller  cor- 
porations. 

19 


"I  doubt  very  much  if  county  governmental  reform  can  be  car- 
ried through  without  reforming  the  governments  below  it.  I 
would  make  as  my  chief  recommendation  to  this  Conference  that 
it  be  urged  in  the  constitutional  convention  to  leave  the  legisla- 
ture free  to  reorganize  upon  whatever  plan  may  seem  wisest  the 
entire  scheme  of  local  municipal  government." 

DISCUSSION 

Mr.  R.  S.  Childs :  "I  wish  that  Mr.  Cartwright  would  tell  us  a 
little  bit  about  the  Westchester  County  Research  Bureau,  so  that 
we  may  know  with  what  authority  he  speaks." 

Mr.  Cartwright:  "I  shall  be  very  glad  to  speak  about  our 
bureau ;  my  only  fear  is  that  I  shall  speak  too  long.  Our  organi- 
zation is  supported  by  private  contributors  who  wished  to  have 
an  examination  made  into  the  actual  conditions  under  whicn  the 
government  was  carried  on  and  investigate  various  things  on 
the  ground  of  efficiency,  economy  and  examination  of  costs.  We 
did  not  have  authority  to  make  audits,  but  we  had  authority 
to  go  to  all  the  records  and  examine  them  in  detail.  We  began 
by  studying  the  county  audit — bills  which  were  set  out  for  final 
examination.  We  found  a  great  many  bills  that  were  extrava- 
gant. The  auditing  power  lying  with  a  board  of  thirty-eight 
members  to  whom  the  bills  are  presented,  makes  it  difficult  for 
the  board  of  supervisors  to  examine  each  in  detail.  They  have 
a  big  advantage  of  the  committee.  The  responsibility  belongs 
to  the  committee,  but  the  committee  cannot  afford  to  give  its 
time  to  examine  materials,  supplies,  etc.,  so  that  it  cannot  do 
more  than  say  what  somebody  else  has  done.  They  can  see  that 
bills  are  properly  itemized,  properly  made  out  and  properly  sworn 
to,  but  to  audit  them  would  require  an  officer  who  could  devote 
his  whole  time  to  the  work.  Now  we  have  examined  not  only 
the  accounts  of  the  county,  but  all  those  audited — bills,  claims 
and  records  in  various  departments  of  the  county. 

"Ours  is  the  only  bureau  of  its  kind,  the  only  bureau  organized. 
One  or  two  attempts  have  been  made  to  form  others,  but  they 
were  not  properly  directed." 

[The  next  address,  by  Mr.  V.  Everit  Macy,  Superintendent  of 
the  Poor,  Westchester  County,  was  read  by  Mr.  H.  A.  Brown.] 

Mr.  Brown  prefaced  his  reading  of  the  paper  with  the  follow- 
ing remarks : 


20 


MR.  H.  A.  BROWN 

"Gentlemen — In  connection  with  the  work  of  poor  relief  in 
Westchester  County,  we  have  the  uncommon  situation  of  a  mil- 
lionaire philanthropist  running  last  fall  for  the  position  of  Super- 
intendent of  Poor  of  the  county.  When  he  ran  for  the  office  he 
told  the  people  that  if  he  were  elected  he  would  select  some  one 
to  do  the  work,  himself  act  in  an  advisory  capacity,  and  all  ex- 
penditures to  be  taken  out  of  politics.  It  is  interesting  that  the 
man  he  selected,  who  happens  to  be  your  humble  servant,  was 
not  a  resident  of  the  county  and  knows  absolutely  nothing  of 
the  political  situation  except  as  he  has  learned  it  since.  Mr. 
Macy  is  a  hard  working  man.  He  resigned  trusteeships  and 
from  various  committees  in  New  York  City  that  he  might  devote 
four  days  a  week  of  his  time  to  this  work.  Mr.  Macy  takes  care 
of  his  business  two  days  a  week,  the  other  four  days  he  devotes — 
and  there  is  no  eight-hour  limit — ^to  the  problem  of  bettering 
conditions  in  this  one  department.  He  turns  his  salary  over 
bodily  to  his  assistant  and  then  spends  from  $5,000  to  $7,000 
in  trying  to  teach  people  to  better  themselves.  I  feel  that  I  owe 
this  to  him  as  an  expression  of  the  man  who  wrote  the  paper." 

ADDRESS 
"Administration  of  County  Charities" 

V.  EVERIT  MACY,  Superintendent  of  the  Poor,  Westchester  County 

The  State  Poor  Law,  under  which  the  counties  operate,  was 
enacted  some  130  years  ago  and  has  been  amended  and  inter- 
preted by  the  Courts  most  every  year  since  it  went  into  force, 
until  it  is  now  a  mass  of  contradictory  and  unworkable  statutes. 
The  more  or  less  uniform  rural  conditions  that  existed  through- 
out the  counties  of  the  state  at  the  time  the  law  became  effective 
have  long  since  passed  and  have  been  succeeded  in  many  counties 
by  most  complicated  and  diverse  conditions.  It  is  only  by  cen- 
tralizing control  and  focusing  responsibility  that  either  honesty 
or  efficiency  can  be  obtained.  Yet,  in  our  county  government  we 
seem  to  have  gone  on  the  theory  that  the  more  responsibility 
was  divided,  and  the  more  duties  overlapped,  the  more  honest 
and  efficient  an  administration  would  be. 

Multiplying  the  number  of  unimportant  elective  officers  re- 
sults in  little  good  and  much  waste  and  confusion.  This  cannot 
be  better  exemplified  than  by  the  situation  created  by  the  Poor 
Law  in  my  county.     The  theory  upon  which  the  law  is  based, 

21 


that  each  town  in  a  county  shall  elect  its  own  poor  officials,  is 
destructive  to  all  efficient  and  intelligent  administration  under 
modern  conditions  in  Westchester. 

The  County  Superintendent  of  Poor  has  under  his  supervision 
and  direction : 

A.  The  County  Almshouse  and  Hospitals. 

B.  County  poor  needing  relief  in  the  localities  in  which  they 

live,  known  as  "Outside  Relief." 

C.  The  dependent  and  delinquent  children  who  have  been  com- 

mitted to  institutions. 

In  addition  to  the  Superintendent,  the  law  provides  for  the 
election  of  two  Overseers  of  the  Poor  and  four  Justices  of  the 
Peace  in  each  town,  the  latter,  as  well  as  police  magistrates  and 
judges,  are  given  the  power  to  commit  children  to  institutions. 

In  Westchester  County  there  are  nineteen  towns,  twenty-five 
villages  and  three  cities,  thus  making  over  130  elective  officials 
empowered  to  deal  with  the  poor.  All  of  these  officials  except 
the  Superintendent  of  Poor,  are  elected  locally  for  varying  and 
short  terms  and  are  responsible  to  no  one. 

Division  of  Responsibility 

The  law  ingeniously  divides  responsibility  so  that  the  Super- 
intendent has  no  power  over  the  admissions  to  the  almshouse 
or  hospitals  or  of  children  to  institutions  but  only  the  negative 
power  of  discharge,  while  the  local  committing  officials  have 
little  control  after  the  adult  or  child  is  committed.  This  often 
results  in  setting  up  an  endless  chain  of  commitments  and  dis- 
charges, for,  as  fast  as  the  superintendent  discharges  an  adult 
or  a  child  the  local  official  may  recommit. 

The  Superintendent  is  on  a  salary  but  practically  all  the  Over- 
seers are  paid  on  a  per  diem  basis,  and  the  Justices  of  the  Peace 
are  paid  a  fee  for  each  commitment.  If  an  Overseer  issues  an 
order  for  groceries  or  signs  a  commitment,  he  can  collect  his  two 
dollars  for  a  day's  work. 

Could  ingenuity  devise  a  more  absurd  and  wasteful  method  of 
relieving  suffering  or  one  where  responsibility  and  control  could 
be  more  disastrously  divided  to  the  injury  of  the  taxpayer  and 
the  poor?  The  Superintendent  of  Poor  should  not  be  an  elective 
officer  but  should  bo  appointed  without  regard  to  political  affilia- 
tions. This  is  still  truer  of  the  local  Overseers.  Instead  of  l>eing 
elected,  they  should  be  deputies  of  the  Superintendent  and  ap- 
pointed by  him. 

21 


The  Superintendent's  Patronage 

The  patronage  of  the  Superintendent  is  very  considerable,  as 
26  per  cent,  of  the  county  expenses  of  Westchester,  exclusive  of 
the  state  tax,  passes  through  his  office.  The  local  Overseers  are 
frequently  subjected  to  great  local  pressure,  both  political  and 
social,  to  give  relief  either  in  the  form  of  supplies  or  by  commit- 
ment. If  they  were  not  dependent  upon  the  local  vote,  their 
actions  in  each  case  would  be  based  solely  on  the  merits  of  the 
appeal  and  could  be  treated  in  the  wisest  way  without  regard  to 
local  influences. 

The  Superintendent  has  no  power  to  retain  an  inmate  if  he 
desires  to  leave  or  to  punish  one  for  endangering  the  lives  of 
others.  His  only  course  is  to  discharge  the  offender  and  turn 
him  out  to  prey  on  the  community.  As  a  consequence  the  winter 
population  increases  between  forty  and  fifty  per  cent,  over  the 
number  in  the  almshouse  during  the  summer.  Many  men  work 
for  eight  months  in  the  year  for  just  enough  to  buy  whiskey 
and  shelter,  knowing  that  they  will  be  cared  for  at  public  expense 
during  the  winter  months.  In  the  same  way  a  drunkard  or  a 
drug  fiend  is  sent  to  the  almshouse  to  be  straightened  up.  He 
receives  new  clothing  and  medical  care  and  then  goes  out  when 
he  chooses,  only  to  return  again  in  the  same  pitiable  condition 
some  months  later,  I  have  one  case  where  the  individual  has 
been  committed  thirty-nine  times.  There  should  be  some  way 
by  which  these  men  could  be  made  to  work  on  the  county  farm 
for  a  few  weeks  in  return  for  their  winter's  board;  and,  where 
those  addicted  to  alcohol  and  drugs  could  be  restrained  and  pro- 
tected against  themselves  and  their  labor  contribute  something 
toward  the  cost  of  their  support. 

Who  Inhabit  the  Ahnshouse? 

Those  not  familiar  with  the  situation  naturally  think  that  the 
Almshouse  is  inhabited  by  the  old  and  infirm  who,  through  mis- 
fortune, are  unable  to  support  themselves  in  their  declining 
years.  This  is  true  to  only  a  limited  extent,  as  shown  by  the 
age  given  by  each  inmate  admitted  to  Westchester  County  Alms- 
house in  the  past  ten  years ;  36  per  cent,  of  the  males  were  under 
41  years  of  age  and  37  per  cent,  of  the  females  were  under  31 
years  of  age,  while  over  60  per  cent,  of  both  men  and  women 
were  less  than  51  years  old.  Thus  considerable  more  than  a  ma- 
jority of  those  admitted  were  still  in  what  should  be  the  prime 
of  life. 

23 


Many  of  these  young  women  were  committed  to  the  Almshouse 
for  confinement,  not  infrequently  returning  the  next  year  for  the 
same  cause.  These  girls  are  not  of  the  prostitute  type  but  are 
more  or  less  feeble  minded  and  should  be  protected  by  the  State. 
When  application  is  made  to  the  State  institutions  they  cannot 
be  admitted,  as  these  institutions  are  already  overcrowded.  The 
County  Superintendent  has  no  power  to  hold  them  against  their 
wish,  so  they  are  discharged  into  the  community  to  rapidly 
propagate  their  kind.  From  the  above  it  will  be  seen  that  nearly 
6  per  cent,  of  the  female  inmates  are  still  of  the  child-bearing 
age.  Is  it  any  wonder,  therefore,  that  our  dependent  classes  are 
on  the  increase? 

I  realize  that  this  is  not  a  meeting  to  discuss  eugenics,  but  do 
not  the  above  figures  show  that  the  problem  of  our  poor  is  not 
entirely  an  administrative  one  and  that  it  is  not  sufficient  merely 
to  relieve  the  immediate  needs  of  the  destitute? 

Commitment  of  Children 

The  greatest  injustice  to  the  individual  and  injury  to  the  State 
is  now  done  through  the  haphazard  handling  of  the  cases  of  the 
delinquent  and  destitute  children.  As  I  have  said,  the  Overseers, 
Justices  of  the  Peace,  Police  Magistrates  and  Judges  can  all  com- 
mit children,  and  most  of  these  officials  have  a  monetary  interest 
in  committing.  Few  of  them  have  any  means  of  investigating 
cases  before  acting  and  fewer  still  have  any  training  to  fit  them 
to  deal  wisely  with  either  the  destitute  or  delinquent  child.  The 
committing  of  a  child  is  no  light  responsibility,  as  we  find  in 
Westchester  County  that  the  average  duration  of  institutional 
care  for  children  committed  is  two  years  and  the  expense  to  the 
community  $300. 

What  is  the  effect  on  the  children  of  these  two  years  without 
a  home?  Are  the  parents  better  citizens  by  being  relieved  of 
their  parental  duties  to  support  their  children?  It  is  safe  to 
say  that  in  Westchester  County  20  per  cent,  of  the  children  com- 
mitted should  not  be  maintained  in  institutions  at  public  expense 
but  should  be  supported,  wholly  or  in  part,  by  their  relatives*. 

The  law  should  provide  that  one  person  in  each  county  should 
either  personally,  or  through  deputies,  be  responsible  for  all 
cases  of  children  requiring  public  care.  This  would  materially 
reduce  the  number  of  chiUh'en  maintained  at  public  expense, 
encourage  paternal  responsibility  and,  above  all,  place  the  care 
of  the  child  in  the  hands  of  an  experienced  person. 

24 


Some  individuals  may  object  to  placing  the  care  of  the  desti- 
tute and  delinquent  children  in  the  hands  of  the  same  person. 
If  this  is  the  case  then  a  Children's  Court  for  the  county  should 
be  established  to  provide  for  the  delinquent,  and  the  destitute 
cases  should  all  be  cared  for  through  the  Superintendent  of  Poor. 
This  would  place  all  children's  cases  in  the  hands  of  two  people 
instead  of  the  large  and  indefinite  number  of  elected  officials 
that  now  exercise  this  power. 

On  the  first  of  last  January,  although  the  maintenance  of  over 
700  children  was  being  provided  through  the  County  Superinten- 
dent, the  only  record  of  any  child  was  contained  in  the  bills 
from  the  institutions  which  were  rendered  for  varying  periods, 
except  in  the  case  of  a  few  children  placed  in  private  homes. 
The  Superintendent  had  no  knowledge  of  when  the  children  were 
committed  or  when  discharged. 

The  conditions  in  Westchester  County  are  so  different,  owing 
to  its  large  but  scattered  population  settled  in  three  cities  and 
twenty-five  villages,  that  what  would  there  be  a  wise  administra- 
tive method  might  not  apply  to  other  counties. 

Centralization  Needed 

There  is  no  doubt  that  for  Westchester,  with  its  population 
of  320,000,  the  entire  administration  of  the  poor  relief  should 
be  centered  in  the  hands  of  a  Commissioner  of  Charities  and  Cor- 
rection, with  deputies  located  in  different  parts  of  the  county. 
As  long  as  130  officials  continue  to  share  in  the  responsibility  for 
the  Poor  Relief,  it  is  useless  to  expect  anything  but  a  maximum 
of  confusion,  and  a  minimum  of  efficiency. 

Nothing  but  a  complete  reconstruction  of  the  Poor  Law  will 
enable  the  counties  to  intelligently  provide  for  their  unfortunate 
citizens. 

In  closing,  I  wish  to  say  a  few  words  outside  my  subject,  but 
on  a  matter  that  may  be  worth  your  attention.  In  view  of  the 
approaching  State  Constitutional  Convention  there  is  an  oppor- 
tunity for  constructive  legislative  work.  As  I  have  tried  to  show 
from  experience  with  the  State  Poor  Laws  part  of  the  inefficiency 
of  county  administration  results  from  the  effort  to  provide  a  uni- 
form government  for  all  counties,  notwithstanding  the  widely 
varying  local  conditions.  It  would  be  impossible  to  amend  the 
Constitution  to  suit  the  particular  requirements  of  each  county 
and,  on  the  other  hand,  the  frequent  special  legislation  now  re- 
sorted to  results  in  still  further  complicating  the  situation. 

25 


Would  it  not  be  possible  to  change  the  State  Constitution  so 
that  the  counties  could  be  classified  in  some  such  way  as  the 
cities  are  now  classified,  as  first,  second  and  third  class,  and  then 
provide  several  choices  in  the  form  of  government  for  each  class  ? 

Such  a  method  v/ould  enable  each  county  to  meet  its  own  re- 
quirements and  take  care  of  the  problems  arising  from  rapid 
growth  without  obtaining  special  legislation  and  without  ham- 
pering other  counties. 

Any  changes  in  the  State  Constitution  should  be  as  broad  as 
possible,  leaving  the  details  to  be  determined  later  by  the  Legis- 
lature and  county  authorities, 

DISCUSSION 

Mr.  Childs:  "Do  I  understand  that  if  I  were  in  Westchester 
County  and  wished  to  be  supported  that  I  would  have  one  hun- 
dred and  thirty  chances  of  getting  it?" 

Mr.  Brown:  "Yes.  Overseers  of  the  Poor  and  Commissioners 
of  Charities  are  supposed  to  be  committing  officers  of  depend- 
ents. The  other  committing  officers  are  for  children  delinquent. 
However,  we  find  them  committing  for  dependency.  In  actual 
practice  you  would  not  have  one  hundred  and  thirty  chances,  but 
you  would  have  a  good  many  chances.  If  you  had  friends  you 
would  have  no  trouble  in  getting  committed." 

Mr.  Close  (Supervisor  from  Westchester) :  "As  I  understand 
the  working  of  the  Poor  Law,  before  you  receive  any  assistance 
you  have  to  prove  that  you  have  resided  in  the  town  for  a  certain 
length  of  time.  Certainly  before  you  were  committed  you  would 
have  to  prove  residence ;  if  you  could  not  prove  it  you  would  be 
returned  to  the  town  you  last  came  from." 

Mr.  Brown:  "As  a  matter  of  fact,  a  person  who  has  not  ap- 
plied for  nor  received  relief  in  the  town  in  which  he  is  resident 
may  apply  for  and  receive  relief  in  another  town  in  the  county. 
To  ilustrate,  I  had  the  case  of  a  man  resident  in  another  county 
in  the  state  who  came  into  Westchester  County  to  work. 
He  became  crippled  in  Westchester  County,  ran  out  of  funds 
and  has  applied  for  relief  in  Westchester  County,  He  was  com- 
mitted to  the  almshouse  by  the  local  oflJicials.  Such  cases  if  they 
have  been  in  the  county  for  less  than  ten  days  are  county 
charges.  We  tried  to  have  him  removed,  but  was  informed 
that  that  could  not  be  done ;  we  would  have  to  prove  that  he  was 
poor  before  he  came  into  the  county  and  was  brought  there  as  a 
poor  person.    Now,  'poor,'  in  that  sense,  means  that  he  had  ap- 

26 


plied  for  and  received  public  relief  in  some  other  county.  It  is 
true  that  you  can  be  in  a  county  only  an  hour  and  receive  public 
relief,  but  then  you  are  paid  for  as  a  county  charge.  What  the 
gentleman  has  mentioned  is  town  relief,  and  we  have  to  dis- 
tinguish between  the  town  and  county  poor.  If  you  stay  in  any 
town  in  the  county  for,  I  believe,  a  year  you  have  residence  in 
that  town  and  that  town  supports  you  in  the  almshouse.  Your 
maintenance  there  is  not  charged  to  the  county.  But  if  you 
have  no  residence  in  a  town  you  are  paid  for  out  of  the  county 
funds." 

Mr.  Winterstein:  "I  believe  that  the  poor  law,  if  anything, 
should  have  the  attention  of  the  Constitutional  Convention.  I 
had  a  very  amusing  incident  in  connection  with  the  poor  law.  I 
questioned  a  bill  for  supplies  for  a  poor  person  living  in  Amster- 
dam. I  took  it  up  with  the  Commissioner  of  Charities  and  was 
informed  that  this  person  had  not  lived  in  Amsterdam  quite  a 
year,  but  just  prior  to  his  going  there  had  been  furnished  sup- 
plies by  the  city  of  Schenectady.  It  came  to  me  then  that  we 
can  continually  furnish  a  person  who  has  been  a  resident  of  an 
outside  city  for  five  years  or  more,  or,  in  other  words,  indefinitely 
if  we  supply  him  one  year  before  he  goes  to  another  town." 

Adjournment. 

SECOND  SESSION 
Saturday  Morning,  November  4,  1914 

Professor  Hoffman,  as  chairman,  announced  that  the  matter 
of  temporary  organization,  postponed  until  this  date,  was  in 
order  and  called  for  nomination  for  temporary  chairman. 

Mr.  Geo.  S.  Buck,  of  Erie  County,  nominated  for  chairman  and 
elected  unanimously. 

Mr.  Buck  then  took  the  chair  and  called  for  nominations  for 
temporary  secretary. 

Mr.  Gilbertson  was  nominated  for  temporary  secretary  and 
elected  unanimously. 

Mr.  Buck:  "I  want  to  assure  you  that  it  is  a  great  pleasure 
to  preside  at  this  session  of  the  conference  and  that  so  many 
should  have  come  from  various  parts  of  the  state  to  take  part  in 
this  important  movement.  Its  beginning  is  certainly  most  auspi- 
cious, and  those  who  have  started  the  movement  have  every  rea- 
son to  feel  encouraged  and  gratified." 

"The  chair  is  now  ready  for  business." 

27 


Mr.  Childs:     "I  move  that  a  committee  of  three  on  resolution 
be  appointed." 
Seconded. 

Chairman:  "The  motion  is  made  and  seconded  that  the  chair 
appoint  a  committee  of  three  on  resolutions. 
"Question." 

Motion  carried  unanimously. 

Chairman:  "I  appoint  Mr.  Baldwin,  Mr.  Gilbertson  and  Mr. 
Brown." 

Mr.  Childs:  "I  have  come  with  a  resolution  prepared  by  my- 
self, and  while  I  don't  expect  it  to  be  adopted  at  this  moment  I 
hope  that  when  the  Resolution  Committee  bring  it  in  this  after- 
noon there  will  be  a  chance  for  discussion  at  that  time.  I  will 
read  the  resolution  now  so  that  everybody  can  be  familiar  with 
it  and  think  it  over.  (Reading  the  tentative  resolution.)*  It 
seems  to  me  that  the  passage  of  some  such  resolution,  negative 
in  its  nature,  is  about  as  much  as  we  could  expect  to  accomplish 
in  a  twenty-four  hour  discussion." 

Moved  to  refer  Mr.  Child's  tentative  resolution  to  the  Com- 
mittee on  Resolutions. 
Carried  unanimously. 

Mr.  Binkerd:    "I  move  that  a  resolution  of  appreciation  and 
thanks  be  extended  to  the  authorities  of  Union  College  for  their 
courtesy  in  inviting  this  conference  to  meet  here." 
Carried  unanimously. 

Mr.  Childs:  "The  question  of  whether  we  should  organize  this 
conference  on  a  permanent  basis  to  have  it  survive  beyond  this 
afternoon,  whether  we  ought  to  meet  once  a  year  and  have  a 
permanent  organization  at  work  in  between,  or  whether  we  will 
let  it  go  at  this.  It  has  been  difficult  in  getting  this  organization 
together  to  get  hold  of  the  people  interested  in  county  govern- 
ment. It  is  a  long  fight  to  organize  anything  that  will  be  really 
strong,  and  yet  there  is  no  doubt  about  the  need  of  having  some 
organization  in  the  United  States  taking  an  interest  in  county 
government.  Is  the  conference  clear  in  its  mind  as  to  whether 
it  wants  to  keep  the  thing  going?  I  ask  the  question  to  get  an 
expression  of  opinion,  and  I  suggest  the  meeting  be  thrown  open 
for  discussion." 

Chairman :  "The  meeting  is  open  for  discussion  of  the  ques- 
tion of  forming  a  permanent  organization." 

•  ^^)r  text  of  resolution,  see  page  85. 

28 


Permanent  Organization  Suggested 

Mr.  Baldwin:  "There  is  no  question,  but  there  is  great  need 
to  reorganize  county  government,  and  it  is  important,  if  that  is 
to  be  accomplished  with  a  minimum  of  effort,  to  have  some  cen- 
tral organization  to  act  as  an  expression  of  public  opinion.  I 
think  it  would  be  well  if  this  meeting  were  disposed  to  effect  a 
permanent  organization.  We  should  have  representatives  to  its 
annual  conferences  from  every  county  in  the  State  of  New  York, 
and  the  central  body  then  could  also  get  in  touch  with  what  is 
being  done  on  similar  lines  in  other  states,  which  would  be  most 
desirable  if  a  permanent  organization  were  formed  to  further 
the  interests  of  county  government. 

"It  seems  to  me  that  at  this  time  in  particular  some  effort 
should  be  made  to  form  an  organization  to  be  used  as  an  instru- 
ment for  bringing  certain  things  definitely  before  the  Consti- 
tutional Convention.  The  question  of  continuing  it  in  an  annual 
conference  could  probably  be  left  over.  But  it  seems  to  me  just 
at  the  present  time  our  particular  interest  is  in  seeing  that 
changes  are  made  in  the  Constitution  which  will  lead  to  efficient 
county  government.  I  believe  any  steps  we  take  toward  making 
that  organization  permanent  should  provide  some  central  body 
that  can  bring  together  the  thought  and  influence  of  those  who 
are  interested  in  better  county  government  and  have  that  in- 
fluence exerted  on  the  Constitutional  Convention  when  it  meets." 

Mr.  Maddaus :  "This  is  quite  a  problem.  We  have  been  going 
at  it  in  the  past  as  unrelated  units,  and  consequently  that  has 
been  one  of  the  causes  of  our  difficulties.  A  permanent  organiza- 
tion would  at  least  bring  us  together." 

Chairman :  "From  the  opinions  expressed  last  night  it  is  evi- 
dent that  the  first  step  will  have  to  be  changes  in  the  state  con- 
stitution. Legislation  will  have  to  be  preceded.  So  that  if  any 
results  are  to  be  accomplished  it  will  be  necessary  to  continue 
efforts  over  several  years." 

Mr.  Binkerd:  "I  move  that  the  Committee  on  Resolutions  be 
directed  to  report  a  plan  of  permanent  organization." 

Seconded.    Carried  unanimously. 

Mr.  Cocks :  "I  would  like  to  make  one  suggestion,  that  some 
committee  be  prepared  to  report  as  to  the  relation  of  the  town 
government  and  the  county  government  with  regard  to  consti- 
tutional change;  that  is,  we  need  to  know  more  about  it.  1 
would  like  to  add  that  the  Committee  on  Resolutions  be  asked  to 

29 


report  as  to  the  relation  of  town  government  to  county  govern- 
ment." 

ADDRESS 

'Taxation  and  County  Government  in  New  York  State" 

HENRY  J.  COOKINHAM,  JR.,  County  Attorney,  Oneida  County 

For  the  purpose  of  government,  which  means  for  purpose  of 
raising  and  expending  money  for  the  advantage  of  the  people, 
we  have  in  this  state  and  within  its  counties  many  units  or  dis- 
tricts. Many  of  these  districts  are  included  within  others  and 
many  overlap  each  other.  Each  has  certain  officers  and  certain 
powers  of  local  government  and  support.  Consider  a  typical  New 
York  county,  my  own,  containing  two  cities,  26  towns,  19  incor- 
porated villages,  23  special  districts  and  335  school  districts 
outside  of  the  cities.  There  are  more  than  400  bodies,  composed 
of  more  than  1,200  persons,  with  power  to  fix  values,  to  assess 
for  purposes  of  taxation,  and  more  than  400  collectors  of  taxes. 
The  county  and  each  one  of  the  other  425  districts  mentioned 
has  power  to  raise  money  by  taxation  for  its  own  purposes.  Un- 
der certain  limitations  each  can  raise  what  it  desires  and  can  say 
by  whom  and  for  what  the  money  raised  shall  be  expended. 

The  tax  problem,  however,  relates  rather  to  the  questions, 
from  whom?  in  what  manner?  this  money  shall  come  than  to 
questions  of  expenditures. 

It  is  conceded  that  moneys  raised  for  the  benefit  of  a  district 
should  be  raised  in  that  district  and  that  there  should  be  a  uni- 
form equitable  apportionment  of  obligation  among  those  bene- 
fited. It  is  the  policy  of  our  state  to  measure  this  obligation  by 
property  owned  by  the  individual  and,  by  recent  law,  to  charge 
this  obligation  upon  the  property  rather  than  upon  the  individual. 
This  necessitates  a  determination  of  values  or  an  assessment  as 
the  basis  of  taxation.  It  is  obvious  that  no  one's  proportionate 
share  properly  can  be  determined  unless  a  fair  and  just  valuation 
is  placed  upon  the  property  which  measures  the  share.  Few 
taxpayers  feel  aggrieved  if  they  know  they  are  paying  no  more 
than  their  just  proportion  of  the  cost  of  government. 

Duplication  of  Assessments 

In  our  scheme  of  assessment  lies  the  basic  reason  for  dis- 
satisfaction. 

To  fully  realize  this  it  is  necessary  to  know  just  how  our 
assessments  are  made. 

30 


In  each  school  district  the  trustees  have  power  to  assess  for 
school  purposes.  In  most  of  our  special  districts  the  special  tax 
is  levied  upon  the  valuations  fixed  by  town  assessors.  Our  cities 
make  their  own  assessments.  Our  villages  have  power  to  make 
theirs,  and  usually  do  so,  though  in  some  instances  they  take  the 
values  as  determined  by  the  town  assessors.  The  valuations  in 
each  town  are  determined  by  the  town  assessors.  The  valuations 
for  the  purposes  of  state  and  county  taxes  are  determined  by  a 
so-called  Board  of  Equalization,  consisting  of  the  Board  of  Super- 
visors or  persons  appointed  by  it.  This  so-called  equalization 
consists  simply  of  adding  or  subtracting  certain  percentages  to  or 
from  the  total  valuation  placed  upon  the  property  of  a  town  by 
town  assessors.  It  is,  in  fact,  assessment  by  towns  and  amounts 
to  a  re-assessment  of  every  piece  of  property  in  the  town.  (This 
equalization  is  too  often  in  personam  and  not  in  rem.) 

A  man,  therefore,  may  have  property  in  a  school  district,  in 
special  districts,  in  a  village,  in  a  town.  This  property  may  be 
valued  by  different  bodies  with  power  to  assess  at  two,  three  or 
four  different  values  in  the  same  year,  and  then  through 
county  equalization  a  fifth  value  be  placed  thereon. 

Inequalities 

This  method  of  assessment  is  radically  wrong  and  results  in 
injustice,  unfairness  and  inequality.  If  the  value  of  certain 
property  is  $1,500  for  the  purpose  of  village  taxes  it  is  worth 
that  amount  for  other  taxes.  It  is  ridiculous  to  have  the  same 
piece  of  property  assessed  by  several  different  boards  of 
assessors  in  the  same  year,  often  at  different  values,  and  different 
taxes  charged  upon  these  different  values.  Is  there  any  particu- 
lar object  in  this  multitude  of  assessments?  Does  any  thinking 
man  believe  that  he  gains  anything  by  employing  several  dif- 
ferent officers  to  value  his  property  for  several  different  tax 
purposes  in  the  same  year?  Does  the  fact  that  it  is  so  valued 
inure  to  his  advantage  in  any  way  ? 

As  far  as  village,  city,  school  and  special  district  assessments 
are  concerned  no  one  but  the  taxpayer  within  these  units  cares 
whether  the  assessment  is  high  or  low,  and  he  only  so  long  as  it 
is  equitable  between  individuals  within  the  unit.  The  power  in 
these  units  to  assess,  however,  means  duplication  of  officials 
charged  with  the  same  functions,  duplication  of  effort  and  waste 
of  time  and  money. 

As  between  towns,  however,  each  town  is  interested,  and  prop- 

31 


erly  so,  in  the  valuations  placed  upon  property  by  the  town 
assessors  of  other  towns,  because  each  town  has  apportioned  to 
it  such  share  of  the  state,  judicial  and  armory  district  and 
county  taxes  as  its  value  bears  to  that  of  the  other  towns  within 
the  county.  This  is  the  reason  for  the  under-valuation  of  most 
towns.  The  dread  of  an  increase  by  county  equalization  tends 
to  cause  town  assessors  to  place  values  so  low  that  even  if  in- 
creased by  equalization  the  town  still  will  escape  some  of  its  fair 
share  and  burden. 

Equalization  a  Joke! 

Equalization  as  generally  practiced  is  an  abomination,  a  joke, 
a  cover  for  deals,  for  trades,  a  means  of  purchase  and  sale,  in  its 
result  most  unfair  and  unjust,  based  on  the  assumption  of  ac- 
complished perjury,  and  in  itself  the  chief  cause  of  the  perjury. 
This  condition  will  exist  as  long  as  we  continue  to  allow  the 
valuations  to  be  made  by  assessors  jrepresenting  less  than  the 
whole  unit  which  bears  the  tax. 

If  we  must  have  county  assessors,  which  boards  of  equaliza- 
tion are,  let  us  have  the  real  thing,  a  read  board,  elected  by  the 
people  of  the  county  for  long  terms  and  well  paid,  composed  of 
men  presumably  expert  and  skillful,  familiar  with  property  and 
with  values,  of  good  judgment  and  honest  purpose,  whose  sole 
business  shall  be  on  some  proper  basis  to  value  the  property  of 
the  unit  they  represent. 

Assessment  by  this  county  board  could  not  seriously  affect  the 
valuations  for  town  tax  purposes,  even  assuming  that  whole 
towns  were  increased  or  lowered.  It  is  said  that  such  a  board 
could  not  examine  all  the  parcels  in  the  county  and  could  not 
know  their  values ;  that  a  local  man  only  can  do  this.  It  is  true, 
perhaps,  that  a  local  man  does  know  the  property  and  its  value 
better,  but  if  he  keeps  the  facts  concealed,  as  many  of  our  town 
assessors  do,  there  would  seem  to  be  nothing  in  the  argument 
that  the  county  assessors  might  not  be  able  to  arrive  at  and  state 
actual  exact  values.  I  would  rather  that  a  poorly  informed  man 
honestly  should  endeavor  to  arrive  at  an  accurate  determination 
than  that  a  knowing  one  should  endeavor  not  so  to  arrive;  the 
latter  certainly  will  not  arrive,  but  the  former  may. 

Town  assessors,  as  is  well  known,  usually  divide  the  town  into 
portions,  each  taking  to  assess  the  portion  in  which  he  lives. 
Human  nature  is  such  that  few  men  desire  to  contribute  more 
to  the  public  than  their  just  proportion.  There  is  no  doubt  but 
that  an  assessor  will  not  overvalue  his  own  property;  in  fact, 

32 


sometimes,  perhaps,  he  undervalues  it  a  little.  If  he  should 
chance  to  do  this,  then  certainly  he  cannot  have  his  neighbors 
say  that  he  is  getting  any  the  best  of  it,  so  down  come  his 
neighbors'  assessments  to  correspond. 

We  have,  then,  possibility  of  one  inequality  between  individ- 
uals in  the  portion  of  the  town  assessed  by  each  assessor  arising 
from  poor  judgment,  local  favor  or  otherwise;  possibility  of 
inequality  by  reason  of  each  of  the  town  assessors  using  a  dif- 
ferent basis  of  valuation  for  his  district ;  probability  of  inequality 
between  towns  by  reason  of  the  apportionment  of  large  amounts 
of  taxes  by  towns  and  the  hazard  of  equalization,  and  probability 
of  further  inequality  by  reason  of  improper  and  unfair  equaliza- 
tion. 

How  to  Eliminate  Inequalities  of  Assessment 

The  chance  of  inequality  between  individuals  cannot  be 
avoided,  but  can  be  lessened  by  removing  the  assessment  from 
local  influences,  fear,  favor,  affection,  prejudice  or  hope  of  re- 
ward. The  chance  of  inequality  between  portions  of  the  same 
town  can  be  avoided  by  removing  local  divisions  and  influences. 
The  certainty  of  inequality  between  towns  can  be  removed  by 
not  assessing  by  towns.  The  chance  of  inequality  by  reason  of 
the  influences  affecting  the  usual  equalization  between  towns 
can  be  removed  in  the  same  manner  by  not  assessing  by  towns, 
of  course,  which  dispenses  with  the  necessity  for  equalization. 

Assessment  therefor  by  a  county  board  removes  most  of  the 
chances  of  inequality  and  leaves  practically  only  one,  errors  in 
judgment  on  the  part  of  the  person  examining  the  property,  and 
perhaps  in  some  isolated  cases  a  second,  personal  favor  to  some 
individual. 

Inequality  of  assessment  is  the  most  difficult  tax  problem  to 
solve.  Exorbitant  and  extravagant  expenditures  or  misappro- 
priation of  public  funds  affect  all  taxpayers  alike.  All  rise  in 
protest  and  solve  the  problem  quickly  and  with  certainty.  In- 
equality of  assessment  falls  on  the  few,  on  the  individual,  and 
does  not  therefore  raise  a  general  protest.  It  amounts  to  a 
hidden  unequal  enforcement  of  the  law  and  its  victims  can  do 
little. 

Assessment  by  County  Board  Proposed 

Aside  from  the  question  of  deliberate  undervaluation  by  town 
assessors,  which  they  themselves  admit,  there  are  other  reason? 
for  the  establishment  of  a  county  board.    The  ministerial  duties 

33 


could  be  better  accomplished.  The  rolls  would  be  more  accu- 
rately prepared  and  would  show  the  necessary  valuations  for  the 
spreading  of  the  tax.  Average  men  and  many  men  well  above 
the  average,  as  are  many  of  our  town  assessors,  are  very  prone 
to  mistakes  of  figures.  One  must  not  only  have  the  natural 
aptitude  for  figures,  but  must  be  continually  working  with  them 
to  be  accurate.  This  is  not  the  condition  with  town  assessors. 
Hardly  a  roll  can  be  shown  in  which  there  are  not  mistakes  in 
the  transcribing  or  transportation  or  addition  of  figures. 

No  man  can  do  well  without  the  proper  tools  with  which  to 
work,  and  in  few  towns  is  that  most  essential  and  necessary 
assessors'  tool,  a  tax  map,  furnished.  It  is  little  wonder  that  so 
many  descriptions  of  parcels  are  faulty  and  so  many  parcels 
omitted  entirely  or  doubly  assessed  and  taxed.  The  wonder  is 
that  town  assessors  do  as  well  as  they  seem  to  do  with  no  definite 
fixed  or  even  approximate  metes  and  bounds  or  measurements 
to  guide  them.  Now  that  the  law  provides  that  the  assessment 
and  levy  is  against  the  property  and  not  the  person,  it  is  abso- 
lutely necessary  that  parcels  be  described  accurately. 

The  establishment  of  a  county  board  of  assessors  would  mean, 
of  necessity,  the  employment  of  skillful  clerical  assistants,  the 
preparation  of  tax  maps  and  the  adoption  of  systematic  methods. 

Most  discussions  upon  the  subject  of  assessment  to  which  I 
have  listened  have  dealt  entirely  with  suggestions  for  super- 
vision of  local  assessment  and  with  schemes  for  re-assessment 
and  review. 

These  discussions  are  all  based  upon  the  assumptions  that  few 
lOcal  assessors  have  any  basis  or  unit  of  value  by  which  to 
measure ;  that  their  valuations  are  largely  guess  work,  influenced 
by  obligation  to  useful  friends  and  neighborly  feeling;  that  they 
universally  undervalue  property. 

It  is  conceded  by  all,  even  the  assessors  themselves,  that  the 
assessment  does  not  state  the  actual  value.  No  doubt  if  one 
has  typhoid  it  is  wise  to  endeavor  to  effect  a  cure,  but  it  is  wiser 
to  inoculate  against  the  typhoid  in  the  first  place.  So  with 
assessments,  it  is  wiser  to  strike  at  the  root  of  the  trouble,  the 
original  assessment,  rather  than  on  the  correct  assumption  that 
the  original  assessment  is  erroneous  and  inequitable,  to  attempt 
to  cure  it  by  supervision,  or  so-called  equalization.  There  is  but 
one  way  to  effect  a  cure  and  that  is  to  permit  but  one  assess- 
ment, and  that  by  a  ))0(ly  representing  the  largest  unit — the 
county.     By  the  establishment  of  a  county  board  of  assessors 

34 


clothed  with  sole  power  to  fix  values  for  all  tax  purposes  and  by 
apportioning  the  cost  of  government,  all  kinds  of  taxes,  upon  a 
single  valuation,  is  the  individual  relinquishing  any  of  his  rights, 
liberties  or  privileges  ?  He  assuredly  is  not.  He  is  receiving  the 
benefit  of  expert  judgment  and  opinion,  and  the  measure  of  his 
liability  is  definitely  fixed  with  greater  equity  to  him  and  to  his 
neighbor  and  at  a  less  cost. 

Confusion  in  Classification  of  Property  for  Taxation  Purposes 

To  add  to  our  confusion  we  have  laws  which  charge  a  tax 
levied  for  one  purpose  on  one  class  of  property  and  for  another 
purpose  on  another  class.  State,  judicial,  district  and  armory 
district  taxes,  general  county  and  town  taxes,  are  charged  upon 
all  property,  less  all  exemptions.  Taxes  raised  for  highways, 
except  money  raised  for  the  maintenance  of  town  roads  and  of 
bridges  with  a  span  of  less  than  five  feet,  and  taxes  for  schools 
are  charged  upon  all  property,  less  all  exemptions,  except  pension 
exemptions.  Taxes  raised  for  the  town  roads  excepted  above 
are  charged  upon  all  property  outside  incorporated  villages  or 
cities,  less  all  exemptions,  except  pension  exemptions.  Com- 
pensation to  the  town  health  officer  is  charged  upon  all  property 
outside  incorporated  villages  and  cities,  less  all  exemptions. 
There  seems  to  be  no  particular  reason  for  charging  pension 
property  with  highway  and  school  taxes  only.  Why  not  make 
its  exemption  a  percentage  of  the  entire  tax  ? 

To  add  further  to  our  confusion  certain  of  these  taxes  must 
be  raised  upon  the  value  of  the  parcels  as  assessed  by  the  town 
assessors,  and  certain  other  of  these  taxes  must  be  raised  by 
apportioning  the  total  sum  to  be  raised  for  that  particular  tax 
among  the  towns  according  to  their  valuation  after  equalized. 
In  the  first  class  are  moneys  raised  for  general  town  charges,  for 
town  highways  and  the  $50  per  mile  for  maintenance  of  state 
and  county  highways.  In  the  second  class  are  direct  state  taxes, 
judicial  and  armory  district  taxes,  general  county  charges,  county 
share  of  the  construction  of  county  highways.  I  call  attention 
to  these  classifications  of  property  and  taxes  (and  I  have  not 
referred  to  city,  village  or  special  district  taxes),  simply  to 
indicate  more  clearly  the  complexity  of  our  tax  system. 

Under  our  system  the  sum  to  be  raised  for  county  purposes 
is  determined  by  the  Board  of  Supervisors,  for  town  purposes 
by  the  town  board,  for  city,  village,  school  and  special  district 
purposes  by  the  appropriated  body  of  the  unit. 

35 


Direct  state,  judicial  and  armory  district,  town  and  special 
district  taxes  are  levied  by  the  Board  of  Supervisors  on  certificate 
from  state,  town  or  special  district  officers.  City,  village  and 
school  taxes  are  levied  by  the  appropriate  body  of  those  units. 
There  may  be  some  reason  in  city  or  village  taxes  being  levied 
by  city  or  village  officers,  but  there  is  no  reason  why  school 
district  taxes  should  not  be  levied  by  the  Board  of  Supervisors 
the  same  as  special  district  taxes  and  at  the  same  time,  and 
collected  by  the  same  officers. 

There  is  no  time  to  discuss  our  district  school  system,  though 
to  any  one  at  all  familiar  with  conditions  some  of  its  faults  are 
conspicuous,  both  from  an  educational  and  taxation  viewpoint. 
There  are  more  than  10,500  such  school  districts  in  the  state, 
there  being  from  5  to  30  or  40  in  each  town.  Some  districts 
drawing  public  money  maintain  schools  for  two  or  three  children. 
The  annual  expense  per  pupil  varies  from  $6.97  to  $67.44.  The 
assessed  valuation  of  some  entire  districts  is  as  low  as  $7,000. 
In  some  districts  there  are  not  enough  persons  to  fill  all  the  school 
district  offices.  There  is  seldom  any  progressive  system  of  in- 
struction followed.  For  years  the  state  educational  department 
has  been  recommending  a  change. 

School  Tax  System  Hopeless 

From  a  taxation  standpoint  our  district  school  system  is 
hopeless.  Its  chief  fault  is  obvious;  the  minuteness  of  the  unit. 
And  the  remedy  clearly  is  the  consolidation  of  these  small  units 
into  larger.  The  great  multitude  of  little  districts  each  with 
assessing  and  taxing  power,  each  collecting  its  taxes  and  as  many 
taxes  in  arrear  as  it  desires  to  levy,  calls  for  a  multitude  of 
officers,  many  of  them  totally  incompetent,  and  makes  it  almost 
impossible  for  a  non-resident  taxpayer  to  keep  any  accurate 
account  of  school  taxes  or  to  pay  them,  no  matter  how  much 
it  may  desire  to  do  so.  One  coiTDoration  in  the  state  is  assessed 
in  more  than  4,500  school  districts,  and  is  continually  at  its  wits 
end  in  an  endeavor  to  find  out  how  much  it  owes  so  that  it  may 
pay.  Last  fall  it  wrote  me,  sending  me  a  list  of  more  than  forty 
school  districts  in  my  county,  saying  it  could  not  find  out  what 
is  owed  in  these  districts  and  requesting  my  assistance  in  ascer- 
taining the  amounts  so  that  it  could  pay. 

Why  not  consolidate  all  the  districts  of  a  town,  create  a  town 
board  of  education  and  raise  school  moneys  as  an  item  of  town 
tax?    This  scheme  has  the  endorsement  of  the  State  Educational 


Department  and  the  State  Tax  Department,  This  is  followed  in 
other  states  with  entire  satisfaction ;  why  not  in  New  York  ? 

Our  present  system  is  based  on  the  Act  of  1795  and  is  about 
as  appropriate  to  present  day  conditions  as  the  Militia  Act  of 
1792,  which  continued  in  force  until  ten  years  ago  and  provided 
that  each  able  bodied  man  should  be  constantly  provided  with  a 
"good  rifle,  shot  pouch  and  powder  horn,  twenty  balls  and  one- 
quarter  of  a  pound  of  powder,"  and  that  "each  officer  shall  be 
armed  with  a  sword  or  hanger  and  spontoon." 

The  town  assessment  rolls  having  been  completed  by  the  town 
assessors  and  presented  to  the  Board  of  Supervisors,  and  the 
equalization  between  towns  having  been  made  and  the  proper 
officials  of  towns  and  special  districts  having  determined  the 
sums  to  be  raised  and  certified  the  same  to  the  Board  of  Super- 
visors, the  board  then  is  supposed  to  verify  the  rolls  and  prepare 
tables  of  values,  etc.,  to  apportion  certain  taxes  between  towns, 
to  compute  necessary  ratios  for  charging  the  different  kinds  of 
taxes  upon  the  property  liable  therefor  and  to  state  on  the  rolls 
the  amount  of  each  kind  of  taxes  each  item  of  property  should 
pay. 

The  Need  for  Trained  Assessors 

It  is  absolutely  impossible  for  any  one  who  has  not  made  a 
careful  study  of  the  tax  laws  and  who  is  not  to  some  degree  at 
least  an  accountant  properly  to  do  this  work.  I  have  yet  to  see 
a  tax  roll  upon  which  the  taxes  are  spread  in  compliance  with 
the  statute  and  upon  which  the  different  classes  of  property  are 
charged  with  the  taxes  legally  chargeable  to  them.  I  have  yet 
to  see  a  tax  roll  which  states  the  several  kinds  of  taxes  separately, 
as  the  statute  requires.  I  quote  from  a  report  by  the  State 
Comptroller's  department : 

"Examination  of  the  accounts  and  fiscal  affairs  of  the  several 
municipalities  in  the  state  made  by  this  department  *  *  * 
shows  that  in  not  a  single  county  have  taxes  been  levied  and 
collected  in  the  exact  manner  prescribed  by  law." 

What  a  commentary  on  the  administration  of  the  laws  of  this 
great  state ! 

All  the  work  of  computation,  etc.,  is  purely  of  a  ministerial 
nature,  and  to  be  accomplished  accurately  and  quickly  requires 
expert  knowledge  of  the  requirements  of  the  law  and  also  skill 
in  mathematics.  The  Board  of  Supervisors  as  such  has  neither 
the  legal  knowledge  required  nor  the  skill,   and  its  members 

2n 


individually  either  cannot  or  will  not  actually  do  this  work.  The 
result  is  that  the  board  or  its  members  ordinarily  employ  some 
one  not  an  officer  and  under  no  public  obligation  or  responsibility. 
This  results  almost  always  in  an  illegal  levy  against  individuals 
assessed,  for  the  reason  that,  though  the  accountants  employed 
to  make  the  computations  may  do  their  work  well,  yet  they 
seldom  have  any  knowledge  of  the  laws  applicable  and  charges 
are  erroneously  made.  It  seems  most  unwise  and  improper  to 
require  that  this  purely  ministerial  work  should  be  done  by  the 
Board  of  Supervisors.  This  is  the  work  of  expert  accountants 
familiar  with  the  tax  laws  and  should  be  done  by  such.  It  is 
properly  comptroller's  work. 

So  far  as  I  have  been  able  to  discover  the  county  comptroller 
is  a  fifth  wheel,  not  through  any  fault  of  the  man  in  office,  but 
through  a  legal  misconception  of  the  proper  functions  and  duties 
of  the  office.  True,  the  county  comptroller  acts  as  a  check  upon 
the  Board  of  Supervisors  in  the  audit  of  bills,  but  this  only 
results  in  a  divided  responsibility.  Either  permit  the  Board  of 
Supervisors  or  the  comptroller  to  audit  bills,  but  not  both.  Re- 
quire the  comptroller  to  be  the  expert  accountant  of  the  county, 
charged  with  all  computations  involved  in  all  county  fiscal  mat- 
ters, instead  of  simply  an  auditor. 

The  town  rolls  having  been  extended  and  adopted,  the  Board 
of  Supervisors  then  attaches  its  warrant,  directing  the  town 
collectors  to  proceed  with  the  collection  of  the  tax.  Besides  these 
town  collectors  it  should  be  remembered  that  there  are  also  city, 
village  and  school  district  collectors.  These  town  collectors  re- 
ceive a  compensation  of  1  per  cent,  from  each  taxpayer  in  addi- 
tion to  the  tax,  if  paid  within  thirty  days.  If  paid  to  them  after 
thirty  days  they  receive  5  per  cent.  If  the  tax  is  not  paid  to  the 
collector,  on  returning  his  statement  to  the  county  treasurer  he 
receives  2  per  cent,  on  the  amount  unpaid.  School  collectors 
receive  about  the  same  compensation. 

Form  of  Compensation  Promotes  Inefficiency 

This  form  of  compensation  seems  devised  rather  to  promote 
inefficiency  and  cause  the  taxpayer  annoyance,  than  otherwise. 
Why  should  a  collector  make  any  effort  to  get  in  the  tax  when 
delay  multiplies  his  gain?  Why  should  a  penalty  on  the  tax- 
payer's misfortune  or  delay  be  a  premium  on  the  collector's 
luck  or  inefficiency?  The  amount  of  fees  received  by  the  tax 
collectors  of  this  state  is  little  realized.    It  is  estimated  that  in 

38 


the  up-state  counties  the  school  tax  collectors  alone  receive 
upwards  of  $600,000  per  year.  We  have  twenty-five  or  thirty 
school  tax  collectors  in  a  single  town.  Why  cannot  a  single 
collector  in  almost  any  town  collect  all  kinds  of  taxes  due  in  that 
town?  Why  should  all  these  collectors  be  elected?  Very  often 
men  are  elected  who  not  only  cannot  write  a  legible  receipt,  but 
sometimes  who  cannot  even  obtain  a  bondsman,  I  know  a  case 
in  which  a  town  elected  a  certain  town  collector,  and  the  man 
so  elected  could  find  no  one  in  the  town,  not  even  the  man  who 
nominated  him,  to  go  on  his  bond. 

In  few  counties  does  the  taxpayer  receive  any  statement  of  the 
amount  due  or  any  receipt  that  gives  him  any  idea  of  what  it 
is  all  about.  He  does  not  know  how  much  of  the  sum  he  pays 
is  town  tax  or  how  much  county  or  state  tax.  He  receives 
nothing  to  give  him  an  intelligent  idea  of  the  detail.  All  he 
receives  is  a  meaningless  receipt  labelled  "County  Tax,  1914,"  for 
so  much  money.  It  is  often  undated  and  usually  contains  no 
description  by  which  the  property  taxed  can  be  identified. 
Though  labelled  "County  Tax,"  as  a  fact  the  county  tax  usually 
is  less  than  one-half  of  the  amount  he  pays.  It  is  a  constant 
wonder  that  the  taxpayer  meekly  will  accept  this  receipt  and, 
year  after  year,  pay  his  "County  Tax"  without  the  slightest  idea 
of  what  he  is  paying.  Except  in  matters  of  taxation  it  is  not  our 
general  custom  to  pay  bills  for  "goods  sold"  without  knowing 
the  items  thereof. 

On  the  adoption  of  the  tax  rolls  by  the  Board  of  Supervisors, 
the  rolls  should  be  turned  over  to  the  county  treasurer,  who 
should  send  to  every  taxpayer  a  detailed  statement  describing 
the  property  assessed,  stating  the  amount  of  the  assessment,  the 
amount  of  each  kind  of  tax  charged  upon  it,  and  when  and  where 
it  is  payable. 

County  Treasurer  as  Receiver  of  Taxes 

The  county  treasurer  should  be  the  receiver  of  all  taxes  pay- 
able within  the  county.  He  should  appoint  deputies  to  sit  in 
various  places  through  the  county  and  receive  the  taxes.  All 
moneys  collected  should  pass  through  his  oflSce,  and  his  receipt 
should  clear  a  taxpayer  of  all  taxes  of  all  kinds  for  the  year. 
The  moneys  collected  should  be  paid  over  by  the  treasurer  to  the 
proper  districts. 

Sales  for  unpaid  taxes  should  be  had  by  the  county  treasurer 
and  by  him  alone,  not  for  any  particular  kind  of  tax,  but  for  so 

39 


much  gross  taxes  in  arrears,  without  regard  to  the  nature  of  the 
tax.  This  would  avoid  the  uncertainty  of  title  acquired  through 
separate  sales  for  different  kinds  of  taxes  and  would  tend  to 
strengthen  tax  titles,  now  weaker  than  water,  and  save  the  tax 
districts  harmless  through  free  bidding. 

Our  present  system  allows  three  assessments  of  property  dur- 
ing the  year,  three  levies,  three  times  of  collection  and  payment 
to  three  different  collectors. 

This  system  has  demonstrated  the  impossibility  of  efficient 
and  economical  administration. 

Following  these  suggestions  for  betterment,  we  would  have  a 
single  assessment  made  by  representatives  elected  from  the 
largest  unit  involved,  the  county,  a  determination  of  the  neces- 
sary sum  to  be  raised  in  each  unit  by  the  proper  officers  of  that 
unit,  as  now,  a  certification  of  these  sums  to  the  Board  of  Super- 
visors as  representing  the  largest  unit,  a  single  levy  of  all  these 
sums  by  the  board,  all  computations,  etc.,  all  ministerial  work 
performed  by  a  responsible  official  expert,  a  detailed  statement 
rendered  each  taxpayer,  a  single  receiver  of  all  taxes,  a  single 
receipt  therefor  and  a  single  sale  for  taxes  in  arrears. 

These  ideas  are  not  new  nor  untried.  Many  states  have  for 
years  worked  practically  along  the  lines  suggested. 

Our  customs  and  ways  are  ancient,  crude,  inefficient  and  ex- 
travagant.   Let  them  go  to  an  honorable  grave. 

Let  us  follow  the  example,  the  successful  systems  established 
by  our  younger  sisters  in  the  West — one  assessment,  one  levy, 
one  collection. 

ADDRESS 

"The  County  Auditor" 

GEO.  S.  BUCK,  Auditor,  Erie  County 

The  work  of  auditing  claims  against  the  county  is  provided 
for  in  three  ways  by  the  general  laws  of  the  State  of  New  York : 
First,  by  the  Board  of  Supervisors ;  second,  by  auditors  appointed 
by  the  boards,  and  third,  by  comptrollers  elected  from  the  coun- 
try at  large.* 

It  is  noticeable  in  reading  the  statutory  provisions  that  all 
powers  of  auditors  or  comptrollers  are  only  a  partial  delegation 
of  powers  of  the  Board  of  Supervisors.    In  other  municipal  gov- 

*In  the  County  of  F^rie  the  auditor  is  elected  at  lar^c  atui  his  powers 
and  duties  are  derived  from  a  series  of  speeial  acts,  part  of  which  are  of 
earlier  origin  than  the  Ki'"<-'ral  act  provitlinjj  for  county  auditors. 

40 


ernments  it  is  usual  for  the  auditor  and  comptroller  to  be 
supreme  in  their  field,  but  in  New  York  State  counties  the  audi- 
tor is  little  more  than  a  clerk  and  the  comptroller  has  but  a 
partial  veto  over  the  final  power  of  audit  which  rests  with  the 
supervisors.  The  tendency  of  legislation  has  been  to  leave  the 
real  authority  with  them.  I  propose  to  present  the  auditor's  side 
and  show  the  facts  that  have  come  within  my  observation  in  the 
hope  that  you  will  feel  that  a  county  comptroller  or  an  auditor 
is  able  to  be  of  more  use  if  given  the  same  chance  as  in  other 
municipal  governments.  But  before  going  into  this  matter  fur- 
ther, let  us  examine  more  in  detail  the  statutory  provisions. 

The  general  county  law  (Chap.  21  of  the  Consolidated  Laws, 
Art.  3,  Sec.  12,  Par.  2)  gives  the  Boards  of  Supervisors  the  right 
to  audit  all  accounts  and  charges  against  the  county,  and  later 
(Sec.  24)  provides  that  no  account  shall  be  paid  unless  itemized 
and  accompanied  by  an  affidavit  that  the  items  are  correct,  that 
the  disbursements  and  services  charged  have  been  in  fact  made 
or  rendered  and  that  no  part  of  the  claim  has  been  paid  or  satis- 
fied. The  boards  of  supervisors  may  make  such  additional  regu- 
lations and  requirements  (Sec.  25)  concerning  the  keeping  and 
rendering  of  official  accounts  and  reports  of  its  county  officers 
and  the  presentation  and  auditing  of  bills  as  they  may  deem 
necessary  for  the  efficiency  of  the  service  and  the  protection  of 
the  interests  of  the  public. 

Chapter  152  of  the  Laws  of  1910  authorizes  the  Board  of 
Supervisors  throughout  the  State  to  appoint  a  county  auditor, 
to  fix  his  term  of  office  and  salary  and  also  to  direct  him  to  act 
as  the  county  purchasing  agent.  The  act  then  provides  that  the 
auditor  shall  pass  upon  all  bills  of  expenses  of  the  various  county 
offices  and  departments,  and  when  so  audited  they  shall  have 
the  same  force  and  effect  as  if  audited  by  the  Board  of  Super- 
visors and  shall  be  paid  by  the  county  treasurer  upon  the  cer- 
tificate of  such  auditor  in  the  same  manner.  The  Board  of 
Supervisors  has  the  power  to  prescribe  the  form  and  manner  of 
presentation  of  bills  to  the  auditor,  the  method  of  keeping  a 
record  of  such  presentation  and  the  action  of  the  auditor  thereon. 
This  act  was  subsequently  amended  by  Chapter  384  of  the  Laws 
of  1913,  which  gave  the  boards  of  supervisors  which  had  ap- 
pointed auditors  the  right  to  exclude  from  their  jurisdiction 
classes  of  accounts  which  any  such  boards  might  select.  These 
acts  further  provide:   "In  case   of  refusal  or  neglect  of  such 

41 


auditor  or  auditors  to  audit  any  bill  presented  for  audit  for  the 
full  amount  claimed,  the  claimant  shall  be  unprejudiced  by  such 
refusal  or  neglect  and  shall  have  the  right  to  present  the  same 
to  the  Board  of  Supervisors  for  audit."  This  means  that  the 
auditor  is  little  more  than  a  clerk,  for  if  he  cuts  an  account  an 
appeal  will  at  once  be  taken  to  the  board  from  his  decision. 
The  auditor  therefore  has  no  real  power  unless  backed  by  a  board 
which  is  willing  to  give  him  a  free  hand. 

County  Law  on  the  Comptroller 

The  general  County  Law  (Sec.  234"239a)  provides  that  by  a 
referendum  the  people  of  any  county  may  decide  to  have  a  comp- 
troller, to  be  elected  by  the  people.  His  duties  include  that  of 
auditing  claims,  and  in  case  he  rejects  or  modifies  a  claim  it 
takes  a  two-thirds  vote  of  the  elected  members  of  the  board  to 
over-ride  his  veto. 

In  Erie  County  the  office  of  auditor  is  regulated  by  a  special 
act  which  copies  from  the  general  county  law  all  the  duties  of 
audit  laid  upon  a  comptroller,  and  adds  the  general  duties  of  a 
comptroller  plus  the  obligation  to  keep  a  check  over  the  inven- 
tories of  all  departments  and  to  ''superintend  the  financial  affairs 
of  the  County  of  Erie  pursuant  to  law  and  the  resolutions  of  the 
Board  of  Supervisors." 

I  am  told  that  Nassau  County  has  a  comptroller  and  that 
Oneida  and  Schenectady  have  auditors.  In  the  rest  of  the  coun- 
ties the  auditing  is  done  by  a  committee  of  the  Board  of  Super- 
visors, and  the  necessary  bookkeeping  is  attended  to  by  the 
clerks  of  the  board. 

For  eight  years  I  was  a  member  of  the  Erie  County  Board  of 
Supervisors  and  for  nearly  three  have  been  the  County  Auditor. 
From  talks  with  expert  accountants  who  are  familiar  with 
county  affairs  throughout  the  state  and  from  my  own  personal 
experience,  I  shall  try  to  point  out  how  these  provisions  of  law 
work  in  practice. 

Failure  of  Committee  System  of  Audit 

In  rural  communities,  when  the  auditing  is  done  by  committees 
of  supervisors,  aided  perhaps  by  the  clerk  of  the  board,  there  is  a 
general  lack  of  knowledge  of  accounting,  and  the  looseness  of 
methods  are  such  that  there  is  large  room  for  waste.  The  super- 
visors are  fre(iuently   keen  men  and  can  handle  a  single  item 

A2 


of  expenditure  pretty  well,  but  they  are  so  lacking  in  knowledge 
of  the  methods  by  which  the  facts  of  the  business  they  are 
handling  should  be  collected  and  presented  that  their  judgment 
has  no  chance  to  be  applied  to  the  work  in  hand. 

No  doubt  you  are  raising  the  question  in  your  minds  whether 
an  auditor  cannot  just  as  well  be  appointed  as  elected.  That 
depends  upon  several  factors.  In  the  first  place,  it  is  not  feasible 
to  have  the  same  kind  of  organization  in  a  small  rural  county  as 
in  a  large  urban  one.  In  the  smaller  rural  counties  it  would  be 
best  to  appoint  the  auditor.  He  could  not  be  paid  much  of  a 
salary,  and  for  a  limited  amount  of  money  a  better  man  can  be 
found  by  appointment  as  a  general  rule  than  can  be  secured  by 
election,  because  the  capable  man  will  not  waste  his  time  over  an 
election.  The  auditor  thus  appointed  should  hold  office  for  a 
definite  term,  say,  four  years,  with  powers  to  approve  or  reject 
claims  without  an  appeal  to  the  board  from  his  decision.  Let  the 
courts  have  the  power  to  review  his  decision,  as  they  now  review 
the  decision  of  the  Board  of  Supervisors.  It  is  only  fair  to  the 
auditor  to  give  him  some  real  power.  He  must  assume  respon- 
sibility for  his  acts  in  any  event,  and  where  a  board  both  ap- 
points him  and  may  repeal  any  decision  he  may  make,  he  must 
in  his  work  carry  out  what  he  knows  to  be  the  idea  of  the  board, 
although  the  board  may  afterward  say  that  what  they  did  was 
on  his  recommendation  and  that  he,  not  they,  was  to  blame  for 
some  audit  open  to  criticism. 

I  believe  that  all  auditors  should  have  the  power  to  act  on 
claims  with  no  appeal  from  their  decision  except  to  the  courts. 

More  Power  Needed  by  Auditors 

It  is  a  difficult  matter  many  times  to  get  a  line  on  prices.  If  I 
call  up  some  merchant  and  say  the  Erie  County  Auditor  wants 
to  know  the  market  price  for  his  goods  at  a  certain  time,  he 
is  at  once  afraid  that  some  dealer  in  the  same  line  will  criticise 
him  for  not  standing  by  the  trade,  with  the  result  that  it  is 
impossible  to  get  anywhere  near  the  real  prices.  It  is  necessary 
to  resort  to  all  kinds  of  subterfuges  to  try  to  get  at  them.  Some- 
times a  dealer  will  give  the  actual  prices,  but  upon  the  condition 
that  the  informaton  is  confidential  and  not  to  be  used  in  public. 
Information  of  that  kind  is  of  little  value,  because  when  an 
appeal  is  taken  from  my  decision  I  must  have  facts  to  give  the 
Claims  Committee  of  the  board.    I  cannot  give  them  confidential 

43 


information.  They  must  know  who  says  that  the  price  is  unfair. 
As  the  committee  and  the  board  are  always  far  more  liberal  than 
I,  it  is  discouraging  to  fight  claims  before  them.  I  may  know 
what  is  fair,  but  to  prove  to  the  satisfaction  of  a  committee  that 
my  decision  is  a  just  one  is  difficult  and  often  impossible. 

Let  me  point  out  right  here  that  a  good  purchasing  agent 
can  lighten  wonderfully  the  work  of  the  auditor.  As  auditor 
I  cannot  get  a  line  on  prices,  but  if  I  can  say  that  I  want  to  make 
a  purchase  there  is  not  the  least  difficulty  in  getting  a  quotation. 
A  good  purchasing  agent  can  reduce  the  work  of  the  auditor  in 
all  supply  items  to  the  simple  task  of  checking  bills  against  con- 
tract prices  on  file  in  his  office. 

Let  us  return  from  this  digression  to  consider  the  factors  on 
which  rest  the  decision  of  whether  to  appoint  or  elect  the  audi- 
tor. The  larger  urban  county  presents  a  more  complex  problem. 
There  is  more  need  to  provide  for  checks  and  inspection  than  in 
a  smaller  rural  community,  where  everybody  knows  what  every- 
body else  is  doing.  Therefore  in  large  urban  counties  I  should 
favor  the  election  at  large  of  a  comptroller  because  of  his  value 
as  a  check  on  the  accounting  of  all  departments  and  the  buying 
and  receiving  of  supplies.  Perhaps  this  general  opinion  of  the 
usefulness  of  comptrollers  can  best  be  illustrated  by  some  per- 
sonal experience. 

How  Stealing  Was  Stopped  in  Erie  County. 

The  enlargement  of  the  powers  of  the  Erie  County  Auditor 
to  those  of  a  comptroller  arose  from  stealing,  which  occurred 
in  the  treasurer's  office.  A  firm  of  expert  accountants  were  em- 
ployed to  go  over  his  books  and  to  make  recommendations  for 
the  general  improvement  of  the  accounting  methods  of  the 
county.  This  firm  pointed  out  that  there  was  no  check  over  the 
treasurer  except  annual  examinations,  and  that  this  was  too 
long  a  time  for  so  important  an  office  without  some  outside  over- 
sight. Let  me  say  by  way  of  explanation  that  where  the  duties 
of  a  comptroller  and  treasurer  are  properly  divided  the  former 
is  the  keeper  or  comptroller  of  the  books,  while  the  treasurer  is 
h.  cashier  with  only  such  accounts  as  are  necessary  for  those 
duties.  At  the  l)egi!ining  of  the  (iscal  year  the  conipt roller  de- 
livei's  to  the  treasurer  the  tax  rolls  and  charges  him  with  the 
total  tax  levy.  At  the  end  of  tlu'  fiscal  year  the  treasurer  must 
account  to  the  comptroller  for  t'nough  cash  and  unpaid  taxes  to 

-44 


equal  the  amount  on  the  rolls  with  which  he  is  charged  at  the 
beginning.  This  firm  of  expert  accountants  recommended  that 
somewhere  the  power  of  a  comptroller  should  be  given  to  some 
official  who  should  be  responsible  for  the  general  control  of  all 
county  accounts.  They  recommended  forms  to  be  followed  by 
all  departments.  It  soon  became  evident  to  the  Finance  Com- 
mittee of  the  Erie  County  Board  of  Supervisors  that  it  was  use- 
less to  recommend  the  installation  of  new  accounting  methods 
unless  there  was  some  one  on  the  job  to  see  that  they  were  fol- 
lowed. Hence  it  secured  the  passage  of  the  necessary  amend- 
ment of  the  auditors'  act. 

Inspectors  for  Quality  and  Quantity  of  County  Supplies 

Soon  after  taking  office  it  seemed  to  me  that  an  auditor  who 
sat  at  his  desk  and  accepted  the  certification  of  department 
heads  as  to  what  and  how  much  was  received  in  supplies  took 
a  lot  for  granted.  So  I  persuaded  the  board  to  let  me  have  an 
inspector  to  visit  the  various  institutions  and  check  over  deliv- 
eries, articles  proposed  to  be  sold,  repair  jobs  and  inventories. 
As  soon  as  he  was  set  to  work  it  was  shown  that  the  stockroom 
methods  were  so  poor  that  no  checking  of  supplies  with  certainty 
was  possible.  There  was  not  a  stock  ledger  in  the  whole  county. 
The  installation  of  up-to-date  methods  in  the  storerooms  became 
a  necessity  that  the  inspector  might  do  his  work.  It  was  also 
quickly  shown  that  the  specifications  on  which  supplies  were 
bought  demanded  more  careful  drafting,  else  it  was  impossible 
to  determine  whether  the  county  was  receiving  what  it  had  con- 
tracted to  buy.  There  are  several  reasons  which  make  the  pres- 
ence of  an  outside  inspector  valuable.  From  what  was  just 
said,  it  is  seen  that  careless  methods  must  be  changed  or  he 
cannot  do  his  work  and  the  new  methods  are  not  allowed  to 
relax.  His  calls  are  a  spur  to  the  negligent  and  a  source  of  help 
to  the  diligent  and  faithful.  Such  an  employee  may  not  want 
to  complain  himself  for  fear,  of  incurring  the  displeasure  of  his 
superior,  but  if  there  is  something  which  ought  to  be  corrected 
it  is  more  than  likely  that  a  way  will  be  found  to  bring  the 
matter  to  the  notice  of  the  inspector. 

Now,  let  me  give  you  an  example  of  what  may  be  done  by 
improved  methods  of  store  keeping  and  inspection  under  the 
right  kind  of  men.  The  Erie  County  Home  and  Hospital  is  an 
institution  with  a  population  of  between  eight  and  nine  hun- 


dred  during  the  period  in  question.  A  stock  ledger  was  in- 
stalled to  show  a  perpetual  balance  of  supplies  on  hand,  and 
with  columns  so  arranged  that  variations  in  the  demands  of 
departments  were  easy  to  detect.  Nothing  was  issued  except 
upon  written  requisition  signed  by  the  department  calling  for 
supplies.  Inspection  of  deliveries  could  be  made  and  checked 
by  aid  of  the  daily  balance  plus  the  delivery  in  question, 
less  the  requisitions  on  file.  An  analysis  of  the  results 
achieved  in  five  articles  alone  shows  that  if  the  old  method 
had  remained  in  use  the  county  would  have  paid  for  meats, 
butter,  eggs,  coffee  and  tea  in  a  single  year  $5,139.56  more 
than  it  did.  An  exact  determination  of  the  showing  in  all 
lines  has  not  been  made,  as  it  would  mean  a  lot  of  work,  due 
to  imperfect  methods  in  the  past,  but  I  believe  the  total  saving 
for  one  year  would  be  not  less  than  $17,000. 

The  Auditor  and  the  Budget 

The  auditor  should  lend  his  aid  to  the  preparation  of  the 
budget.  A  budget  properly  prepared  is  of  the  greatest  value 
to  the  supervisors  and  to  the  public.  It  is  educative  because 
the  functions  of  each  department  must  be  explained.  It  is  a 
check  on  extravagance  because  increases  must  be  justified.  The 
])ublic  is  not  interested  in  questions  of  finance  as  a  rule,  but 
it  has  an  active  interest  in  how  its  money  is  to  be  spent,  and 
this  interest  will  grow  if  the  public  find  that  the  activities 
of  departments  are  controlled  by  their  appropriations  in  the 
budget.  For  these  reasons  it  is  important  that  departments 
be  compelled  to  make  true  estimates  of  their  needs  and  to 
live  within  their  estimates.  A  comptroller  who  will  insist  upon 
a  budget  which  is  easy  to  understand,  which  makes  ready  com- 
parisons between  years,  which  is  out  in  time  for  public  inspec- 
tion and  discussion,  and  who  will  work  to  keep  departments  down 
to  their  original  appropriations,  such  a  comptroller  is  doing  a 
valuable  work  and  ought  to  be  pretty  independent  if  results  are 
to  be  expected  from  him. 

All  municipalities  have  difficulty  in  keeping  departments  with- 
in their  approi)riations.  Some  issue  deficiency  bonds  to  take 
care  of  overdrafts.  In  our  county  a  contingent  fund  is  always 
provided  in  the  budget  for  such  emergencies,  but  it  is  too  easy 
to  fail  to  anticipate  a  need  and  then  ask  for  help  from  the 
contingent  fund.     I  am  gong  to  ask  our  Finance  Committee  in 


the  future  to  add  to  the  appropration  for  each  department  the 
total  advances  in  the  preceding  year  from  the  contingent  fund. 
This  will  call  attention  at  budget  making  time  to  what  it  actually 
costs  to  run  a  department,  and  I  think  will  be  more  effective  than 
any  number  of  resolutions  directing  departments  not  to  over- 
draw their  appropriations. 

Should  Supervisors  Appoiiit  Auditor 

Now,  let  us  suppose  counties  to  be  managed  by  a  board  of 
three  supervisors  elected  at  large,  with  power  to  appoint  all 
the  other  executive  and  administrative  officials.  The  auditor 
in  small  counties  and  the  comptroller  in  large  ones  should  be 
a  check  upon  all  departments  through  audit  of  claims,  exam- 
ination of  books,  inspection  of  supplies,  inventories  and  prepara- 
tions and  allowances  of  the  budget.  The  appointees  of  the  Board 
of  Supervisors  will  reflect  the  wishes  of  those  who  appointed 
them.  It  will  be  done  consciously  and  unconsciously.  It  is 
simply  inevitable.  The  inspector,  whose  orders  come  from  a 
chief  who  looks  to  the  same  chief  as  the  buyer,  will  not  be 
so  critical  of  the  work  of  the  buyer,  because  he  will  feel  that 
what  the  buyer  has  done  must  reflect  the  wishes  of  those  higher 
up.  Of  still  more  importance  will  this  tendency  be  when  the 
control  and  checking  of  all  financial  operations  is  centered  under 
one  general  management.  For  the  comptroller's  department  to 
criticize  the  treasurer's  department  would  be  unthinkable  be- 
cause no  administration  would  furnish  political  capital  against 
itself.  To  summarize  the  whole  situation,  the  comptroller  stands 
in  the  position  of  a  censor  of  all  other  departments,  and  to  make 
him  an  appointee  of  the  Board  of  Supervisors  would  rob  him 
of  his  independence  and  his  chief  usefulness.  It  may  be 
that  in  case  of  county  government  by  a  small  board,  if  the  county 
treasurer  were  appointed  by  the  board  as  a  whole  and  one  of 
its  members  was  made  responsible  for  the  comptroller's  depart- 
ment that  the  value  of  that  official  would  not  be  impaired,  because 
he  would  be  individually  responsible  to  the  public  for  a  distinct 
class  of  duties. 

Short  ballot  government  is  coming.  The  tide  is  running  that 
way  in  the  State,  in  the  cities  and  in  the  counties,  but  it  remains 
to  be  decided  how  short  the  ballot  should  be.  I  earnestly  hope 
that  some  facts  have  been  presented  to  create  the  opinion  that 

47 


where  there  is  need  of  a  county  comptroller  it  is  most  import- 
ant to  safeguard  his  independence. 

Mr.  Buck  added: 

"I  believe  it  likely  that  this  coming  winter  Erie  County  will 
be  in  the  Legislature  with  an  act  asking  an  appropriation  to 
create  a  board  of  Assessors  for  Erie  County." 

DISCUSSION. 

Mr.  Cartwright:  "What  is  the  total  cost  of  the  auditors' 
office,  including  assistants,  in  Erie  County?" 

Mr.  Buck:  "About  $10,000.  We  have  saved  the  county  any 
number  of  times  that  amount." 

Mr.  Cartwright :  "Another  question.  When  you  speak  of  an 
application  to  the  Legislature  for  a  County  Board  of  Assessors 
will  that  be  a  separate  movement  from  the  effort  of  the  county 
to  get  a  new  commission?" 

Mr.  Buck:  "Yes,  the  situation  in  Erie  County  is  peculiar. 
Four-fifths  of  the  population  is  in  Buffalo,  yet  the  Board  of 
Supervisors  is  equally  divided,  twenty-seven  from  towns  and 
twenty-seven  from  the  City  of  Buffalo.  The  Supervisors  from 
the  towns  in  Erie  County  will  be  strongly  opposed  to  a  small 
Board  of  Supervisors  because  of  their  peculiar  position." 

Mr.  Gilbertson:  "I  would  like  to  ask  whether  or  not  the 
interest  of  the  county  would  not  be  furthered  by  an  extension 
of  the  powers  and  facilities  of  the  State  Comptroller  so  that 
there  would  be  a  closer  and  more  frequent  audit.  Of  course, 
I  realize  that  an  audit  of  that  kind  would  be  purely  secondary 
and  would  come  perhaps  in  some  cases  after  the  horse  had  been 
let  out  of  the  barn.  At  the  same  time,  would  not  such  an  audit 
by  its  reflex  influence  have  pretty  much  the  same  effect  as 
having  an  independently  elected  auditor — of  course  retaining 
the  local  auditor  simply  as  a  check  against  disbursements  from 
the  treasury." 

Mr.  Buck:  "I  don't  think  it  would  because  these  examinations 
come  at  rather  long  intervals,  or  even  at  shorter  intervals.  One 
of  the  duties  of  the  comptroller  in  Erie  County  to  keep  close 
watch  over  the  treasurer;  the  treasurer  might  walk  off  with 
several  hundred  thousand  dollars  and  it  would  not  be  known 
until  the  next  examination." 

Mr.  (lilhertson:  "You  misunderstand  my  point.  1  would 
retain   the  local  auditor  as  a  check  against  the  treasurer  and 

48 


then  the  State  Comptroller's  office  would  be  a  check  against 
the  whole  county  government  and  would  obviate  the  need  of 
having  a  county  auditor  elected." 

Mr.  Buck:  "I  think  it  would  be  valuable  to  have  an  out- 
side inspection  of  supplies  from  time  to  time.  The  effect  in  our 
county  is  beneficial.  As  an  instance,  when  we  called  for  pure 
vanilla,  we  received  what  on  analysis  proved  to  be  an  imitation. 
We  rejected  it  and  the  dealers  were  going  to  get  us  into  court. 
The  next  analysis  showed  that  the  delivery  was  pure  vanilla, 
but  it  was  in  a  bottle  marked  the  same  as  the  imitation.  They 
thought  we  would  reject  on  looks  instead  of  examination." 

Mr.  Smith:     "Is  this  inspector  appointed  by  you." 

Mr.  Buck:  'T  was  given  the  power  specially  by  the  Erie 
County  Board  of  Supervisors  to  authorize  and  create  any  posi- 
tion in  my  judgment  necessary." 

Mr.  Smith:     ''How  many  do  you  have?" 

Mr.  Buck:     "Four;  one  inspector  and  three  bookkeepers." 

Mr.  Smith.     "What  are  their  salaries?" 

Mr.  Buck:     "Three  at  $1,200  and  one  at  $2,000." 

Mr.  MacMillan:  "Have  you  been  able  to  effect  any  saving 
in  the  tax  rate?" 

Mr.  Buck :  "Of  course,  the  tax  rate  would  have  been  so  much 
more  in  these  circumstances  if  the  work  had  not  been  done. 
Of  course  when  you  take  an  expenditure  of  $1,500,000  a  saving 
of  $10,000  or  $15,000  does  not  make  very  much  of  a  dent." 

Mr.  MacMillan:  "Of  course  we  don't  advocate  letting  things 
go.  Should  you  sometimes  have  to  spend  three  times  what  you 
save  the  benefit  reaped  in  the  future  is  often  a  great  deal  more 
than  it  is  at  the  present  time.  As  I  have  listened  to  the  descrip- 
tions of  conditions  in  other  counties  in  this  State,  I  don't  hesitate 
to  say  that  conditions  in  Erie  County  are  better  than  in  these 
other  counties." 

Mr.  Buck:  "If  we  had  not  had  a  county  auditor  we  would 
have  been  painting  buildings  at  more  than  the  building's  cost, 
I  have  no  idea  what  a  bad  state  we  would  be  in  if  we  had  not 
had  an  office  Hke  this.  My  predecessor  in  office  was  a  peculiar 
individual  in  the  way  he  conducted  matters.  He  was  sent  to 
state  prison." 

Mr.  Cartwright:  "Mr.  Buck  is  modest  in  his  statement  in 
regard  to  the  saving  in  Erie  County.     Recently  I  was  talking 

49 


with  a  prominent  attorney  who  stated  that  the  office  of  auditor 
had  been  worth  at  least  $100,000  a  year  in  keeping  expenses 
down." 

[End  of  discussion.] 

ADDRESS 

"The  County  Judiciary" 

HERBERT  HARLEY,   Secretary,   American  Judicature  Society 

I  cannot  find  that  any  body  in  this  country  has  ever  talked 
or  written  about  county  courts,  so  I  shall  claim  the  exemp- 
tions of  the  pioneer,  concerning  whom  we  may  say  not  that  he 
has  done  something  remarkable,  but  that  it  is  remarkable  that, 
under  all  the  circumstances,  he  has  been  able  to  do  anything 
at  all. 

The  English  tradition,  which  is  the  source  of  our  jurispru- 
dence, affords  little  assistance.  Back  in  the  formative  period 
courts  were  highly  centralized,  the  condition  being  an  outgrowth 
of  the  original  conception  of  the  soverign  as  the  fountain  head 
of  justice.  Whatever  the  inconvenience,  suitors  had  to  go  to  the 
centralized  tribunals,  or  in  other  words,  had  to  "go  to  court." 

When  American  institutions  were  being  evolved  the  need  for 
localized  tribunals  was  insistent  because  the  distances  were 
great  and  the  population  sparse.  So  our  forefathers  went  to  the 
opposite  extreme.  They  provided  every  township  with  a  court. 
This  local  court  was  a  rough  and  ready  approximation  to  the 
needs  of  the  times.    Its  characteristics  were  substantially  these : 

Local  Justice  Administered  by  Laymen. 

1.  The  magistrate  need  not  be  a  lawyer.  This  was  guar- 
anty that  there  would  be  no  lack  of  eligible  candidates  for 
the  office  in  even  the  most  primitive  community.  It  was  also 
in  accord  with  the  current  prejudice  against  social  orders  and 
class  distinctions.  The  sweep  of  events  was  in  the  hands  of  the 
Puritan,  whose  distrust  of  the  academic  was  only  equalled  by 
his  inexperience  with  it.  Still  somewhat  dizzy  over  the  declara- 
tion that  all  inon  are  created  free  and  c(iual  the  new  democratic 
society  was  tyrannous  in  its  treatment  of  experts. 

2.  The  magistrate  was  elected.  He  drew  his  authority  from 
the  general  reservoir  of  political  authority  through  a  pipe  line 

50 


that  was  all  his  own.     He  was  answerable  to  all  of  the  people 
in  general  but  to  none  of  them  in  particular. 

3.  No  higher  judicial  officer  was  made  responsible  for  the 
official  conduct  of  the  magistrate,  so  he  lacked  the  direction 
and  assistance  which  would  have  been  his  if  he  were  part  of  a 
co-ordinated  system.  Because  supervising  authority  was  lack- 
ing there  grew  up  a  body  of  legislated  rules.  These  rules  were 
law,  but  in  accordance  with  American  political  doctrine,  no  per- 
son was  made  expressly  responsible  for  their  enforcement.  They 
were  to  be  enforced  in  the  general  way,  by  litigation  in  the  courts. 

4.  No  salary  was  provided,  but  the  magistrate  was  given 
letters  of  marque,  as  it  were,  commissioned  to  go  a-privateer- 
ing  on  the  seas  of  litigation  and  take  his  pay  from  whom  soever 
he  could  collect  it.  This  had  the  effect  of  making  the  admin- 
istration of  justice  locally  appear  inexpensive  and  in  turn  this 
exemption  from  the  budget  helped  to  shield  the  magistrate  from 
public  criticism  or  supervision. 

The  office  of  magistrate  was  not  attractive.  It  carried  no 
dignity.  There  was  no  pretense  that  the  local  court  was  qualified 
to  make  fine  legal  distinctions  or  to  exhibit  great  sensitiveness 
to  the  rights  of  litigants,  but  to  offset  this  shortcoming  disap- 
pointed suitors  were  permitted  to  have  their  causes  retried  sub- 
sequently in  the  next  higher  court.  There  was  ample  precedent 
in  Massachusetts  at  least  for  the  idea  that  an  issue  was  not 
settled  until  it  had  been  formally  tried  two  or  even  three  times. 
In  a  hierarchy  of  courts  the  tribunal  at  the  bottom  has  little 
chance  for  dignity  or  respect. 

This  localized  lay  judge  of  limited  jurisdiction,  under  the  name 
of  justice  of  the  peace,  became  the  type  of  inferior  judicial 
officer  for  practically  all  of  the  states.  Our  forefathers  could 
not  have  been  expected  to  ffil  the  obvious  need  any  better  than 
they  did.  The  demand  was  for  a  magistracy  that  was  primitively 
simple,  inexpensive  in  appearance  at  least,  and  thoroughly 
decentralized.  The  justice  of  the  peace  in  typical  form  was 
the  natural  outgrowth  of  the  conditions.  As  a  local  peace  officer, 
empowered  to  try  for  petty  offenses,  and  to  examine  and  hold 
for  trial  persons  accused  of  felony,  the  justice  of  the  peace  filled 
'  '-^3  b:'ll  fairly  well.  As  a  court  for  determining  civil  rights  he 
was  quite  generally  a  failure,  but  he  was  the  best  that  could  be 
had  in  pioneer  times. 

51 


The  Passing  of  Pioneer  Conditions 

But  a  century  has  passed.  We  have  no  pioneer  country.  In 
place  of  scattered  settlements  in  the  woods  we  have  a  rural 
population  in  villages  and  on  farms  united  by  trolley  lines,  tele- 
phones, automobie  roads,  free  postal  delivery  and  daily  papers. 
Every  factor  of  social  and  industrial  life  has  changed.  But 
the  justice  of  the  peace  remains,  still  consistent  to  the  theory 
that  he  need  not  know  the  law,  still  commissioned  to  collect  his 
own  salary,  still  under  little  supervision.  Is  it  any  wonder,  then, 
that  almost  every  reference  to  the  office  is  one  of  contemptuous 
and  cynical  humor;  for  what  we  can't  cure  we  turn  into  a  joke. 

Desperate  needs  have  caused  some  inroads  upon  the  domain 
of  the  justice  of  the  peace,  as  exemplified  by  the  introduction 
of  municipal  or  county  court  judges  in  certain  states.  These 
innovations  have  enabled  many  of  the  larger  county  towns  to 
escape  the  muddled  administration  of  law  by  justices  of  the 
peace,  but  the  greater  number  of  our  people  are  still  dependent 
in  all  lesser  and  more  immediate  legal  matters.  No  plan  for 
the  improvement  of  the  administration  of  justice  within  the 
county  can  overlook  the  insistent  need  for  providing  an  expert 
and  responsible  magistracy. 

As  an  approach  to  consideration  of  the  entire  problem  let 
us  first  observe  the  reason  for  local  courts  of  limited  jurisdiction. 
Their  excuse  for  existence  lies  in  the  economies  of  administra- 
tion. A  cause  involving  a  small  amount  cannot  stand  the  cost 
of  trial  at  a  distance  from  the  residence  of  the  parties  and 
witnesses,  nor  can  it  afford  to  await  the  sittings  of  a  court  held 
at  long  intervals.  To  load  the  cost  of  trials  is  eventually  to 
deny  justice.  Since  local  courts,  exercising  part  of  the  judicial 
power  of  the  state  are  necessary,  it  is  plausible  that  the  unit 
of  territory  should  be  the  county  which  is  the  natural  unit  of 
state  administration.  The  civil  causes  which  belong  in  the 
county  court  will  be  found  to  fall  into  two  classes: 

Jurisdiction  of  County  Courts 

1.  Those  involving  sums  sufficient  to  warrant  trial  at  the 
county  seat  or  at  some  other  place  within  the  county  where  ses- 
sions of  the  county  court  are  regularly  held. 

2.  Those  which  involve  less  sums,  or  originate  at  points  more 
remote,  and  must  bo  tried  nearer  to  the  homes  of  the  parties. 

5J 


The  cost  of  removing  a  cause  is  the  cost  of  moving  the  parties 
and  all  of  their  witnesses. 

Here,  then,  we  have  a  definite  territory  and  a  definite  func- 
tion. There  is  nothing  recondite  about  the  problem  of  per- 
formance. We  are  but  applying  short  ballot  principles  by  start- 
ing with  the  theorem  that  for  the  administration  of  justice 
within  the  county  we  must  make  some  one  person  responsible 
and  must  intrust  to  him  adequate  authority.  This  implies  a 
county  judge  in  whom  is  vested  the  jurisdiction  of  the  county 
court  together  with  power  to  direct "  the  actions  of  all  officials 
serving  under  him  in  this  court. 

As  will  be  seen  when  I  have  completed  the  outline  of  the 
county  court  judge,  the  office  is  a  conspicuous  one,  far  more 
so  than  any  county  office  now  responsible.  The  county — mean- 
ing the  typical  county — is  a  wieldy  district.  The  burden  of  proof 
is  assumed  by  the  person  who  would  fill  the  office  otherwise 
than  by  election.  I  foresee  no  harm  in  filling  the  office  by  ap- 
pointment provided  the  selection  is  made  by  a  conspicuous  elected 
official  who  is  directly  responsible  for  the  administration  of  jus- 
tice. The  governor  does  not  fit  this  definition,  for  he  is  only 
remotely  responsible  for  the  administration  of  justice. 

Of  course,  candidacy  must  be  limited  to  lawyers  who  have 
been  in  practice  a  certain  length  of  time  and  have  lived  in  the 
county  a  reasonable  period.  Lawyers  come  to  be  pretty  well 
known  to  the  voters.  The  number  in  the  typical  county  who 
would  be  acceptable  or  who  would  be  attracted  to  this  oflftce 
would  be  so  small  that  selection  ought  not  to  be  very  difficult  for 
the  voters.  The  choice  would  be  automatically  narrowed  down 
to  a  few  eligibles  and  a  non-partisan  ballot  could  doubtless  be 
relied  upon  to  give  a  genuine  expression  of  public  choice. 

Is  it  possible  under  an  elective  system  to  attract  to  the  public 
service  lawyers  who  are  independent,  ambitious,  strong  willed? 
In  the  light  of  present  experience  we  must  admit  that  it  is  not 
possible,  except  in  rare  instances,  unless  some  different  form  of 
election  and  tenure  is  provided.  We  must  remember  that  the 
lawyer  is  an  expert  who  has  devoted  years  to  preparation  and 
who  virtually  throws  away  his  stock  in  trade  when  he  gives  up  a 
clientage  to  go  upon  the  bench.  If  election  is  made  very  ex- 
pensive, if  terms  are  short,  if  re-election  depends  upon  fortuitous 
circumstances  rather  than  merit  and  faithful  service,  then  the 

53 


public  will  rarely  secure  the  services  of  the  most  ambitious  and 
capable  men. 

So  inherently  attractive  is  public  service  that  there  are  oc- 
casional exceptions.  But  a  people  who  subject  their  servants  to 
unfair  risks  commit  an  immoral  act,  and  in  the  end  suffer  dire 
consequences. 

Is  Popular  Election  a  Satisfactory  Method  of  Selection? 

Is  there  any  way  of  electing  judges  and  removing  them  by 
popular  vote  which  affords  tne  incumbent  the  assurance  of  a 
long  tenure,  of  a  career,  if  you  please,  and  of  independence,  pro- 
vided he  performs  his  duties  faithfully  and  intelligently? 

Our  ordinary  plan  of  popular  election  contains  inconsistent 
•elements.  In  offices  in  which  long  tenure  with  its  resultant  ex- 
pertness  is  desirable  to  periodic  election  is  at  least  three-fourths 
a  mere  recall  and  not  more  than  one-fourth  a  plan  for  selection. 
A  form  of  removal  at  the  polls  is  essential  to  an  elective  system. 
But  when  the  matters  of  selection  and  rejection  are  closely 
coupled,  as  they  ordinarily  are  in  our  election  system,  we  present 
no  clear  cut  question  for  the  voter  to  pass  upon.  It  is  unfair 
to  the  incumbent  to  stimulate  the  ambition  of  rivals  until  the 
people  have  passed  upon  and  disapproved  of  his  continued  tenure. 
The  incumbent  as  a  candidate  should  be  required  to  defend  him- 
self on  his  record,  not  defend  against  the  interested  assertions  of 
seekers  for  his  political  scalp. 

This  view  can  be  carried  out  by  providing  that  after  a  reason- 
able term,  such  as  four  years,  the  name  of  the  incumbent  shall 
be  submitted  to  the  voters  with  the  question,  shall  he  be  con- 
tinued in  office?  yes,  or  no.  If  approved  his  name  should  not  be 
submitted  again  for  six  years,  and  a  second  approval  should 
confirm  him  in  office  for  ten  years,  or  possibly  until  a  retirement 
age  is  reached. 

If  not  approved  there  may  be  an  interim  appointment  and  an 
election  at  the  next  time  that  county  or  state  officers  are  chosen. 

It  is  submitted  that  such  a  plan  would  give  the  electorate 
opportunity  to  retire  an  unfit  or  unpopular  judge,  but  as  the 
submission  would  be  at  stated  intervals  no  odium  would  at- 
tach, as  is  unavoidable  in  case  of  the  recall.  There  being  no 
rival  candidates  the  judge  would  be  confirmed  in  office  unless 
the  voters  expressly  wished  to  retire  him.  This  would  be  tre- 
mendously to  the  benefit  of  the  incumbent  and  would  relieve 


the  public  service  of  the  present  great  waste  due  to  the  failure, 
to  re-elect  judges  whose  defeat  is  due  not,  to  .personal  disquali- 
fication, but  to  the  accidents  of  politics.  Probably  three-fourths 
of  the  judges  defeated  for  re-election  fail  because  of  some  shift 
in  the  winds  of  politics  over  which  they  have  not  the  slightest 
influence. 

Assuming,  then,  that  we  have  made  the  terms  of  public  service, 
the  salary  and  tenure  reasonably  acceptable,  so  that  the  most 
trusted  lawyer  in  the  county  will  courageously  abandon  his 
private  practice  and  look  forward  to  a  judcial  career,  we  may  say 
that  the  jurisdiction  of  his  court,  if  he  is  to  be  actually  re- 
sponsible for  the  administration  of  justice,  should  be  broadly 
inclusive  as  to  subject  matter. 

Make  the  Jurisdiction  Comprehensive 

There  seems  to  be  no  reason  why  it  should  not  include  equit- 
able remedies.  It  should  certainly  not  leave  for  commissioners 
or  other  magistrates  such  special  proceedings  as  suits  between 
landlord  and  tenant.  All  of  the  administrative  work  of  the  pro- 
bate court  should  be  included,  and  this  may  be  accomplished  by 
making  the  county  judge  register  in  probate,  or  assistant  to  the 
court  of  general  jurisdiction  to  which  probate  causes  are  as- 
signed. This  division  would  rest  on  the  principle  that  uncon- 
tested probate  matters  are  best  cared  for  by  a  local  judge  while 
contested  matters  deserve  as  much  experience  and  training  as 
important  chancery  causes. 

It  is  desired  to  fix  the  limit  of  county  court  jurisdiction  at 
such  a  point  that  one  judge  will  be  kept  reasonably  busy  in 
the  county  of  average  population.  Accepting  the  foregoing  broad 
view  as  to  subject  matter  it  appears  practical  to  make  this  limit 
$500  alike  in  contract,  tort  and  chancery  matters. 

As  to  criminal  matters  the  county  court  should  conduct  all 
preliminary  examinations,  should  possess  exclusive  jurisdic- 
tion in  misdemeanor  causes  and  should  have  concurrent  juris- 
diction in  all  but  a  few  of  the  most  serious  felonies.  This  would 
mean  that  in  the  more  common  kinds  of  felony  the  accused 
would  have  the  option  of  being  tried  by  the  county  judge  or  by 
the  itinerant  judge  of  the  court  of  general  jurisdiction. 

The  jurisdiction  should  then  be  broadened  still  more  by  per- 
mitting the  county  court  to  hear  and  determine  issues  involv- 
ing more  than  $500  by  agreement  of  both  parties.     If  a  single 


judge  could  handle  all  the  business  thus  specified  in  a  county 
having  40,000  population  there  would  be  comparatively  few 
counties  in  which  additional  judges  would  be  required. 

The  county  court  will  ;be  presumed  to  be  in  session  every 
day  at  the  county  seat  where  there  will  be  a  resident  county 
court  clerk.  It  should  also  be  competent  for  the  county  judge 
to  convene  his  court  anywhere  in  the  county  and  regular  sit- 
tings should  be  scheduled  in  towns  of  sufficient  importance. 

This  takes  care  of  the  first  class  of  cases,  those  involving 
enough  money  to  justify  trial  at  a  central  point.  It  is  in 
respect  to  the  economical  and  efficient  trial  of  the  lesser  or 
more  remote  causes,  arising  in  the  villages  and  on  the  farms, 
that  speculation  begin.  These  are  the  causes  which  histori- 
cally fall  to  justices  of  the  peace.  There  are  two  plausible  ways 
for  taking  care  of  them.  One  is  to  have  the  county  judge  visit 
every  part  of  the  county  as  often  as  is  needed,  and  not  less 
often  than  once  in  sixty  days,  to  hear  all  of  these  little  causes  in 
person.  This  is  done  in  Canada,  where  every  township  has  a 
resident  clerk  and  bailiff  and  is  visited  at  least  once  in  every 
sixty  days  by  the  county  judge,  who  hears  while  on  circuit  civil 
suits  involving  not  more  than  $100.  This  appears  to  be  the 
simplest  possible  system,  but  it  does  not  provide  for  criminal 
cases,  for  which  an  ever  present  official  is  needed.  Since  there 
must  be  a  local  magistrate  of  some  sort  to  enforce  the  law 
criminally,  and  since  we  are  accustomed  to  decentralize  judicial 
power  in  its  most  extreme  form,  it  would  seem  better  for  us 
to  solve  the  problem  by  continuing  to  have  local  judicial  officers 
of  small  jurisdiction,  both  civil  and  criminal. 

How,  then,  is  this  magistracy  to  be  different  from  and  better 
than  the  present  justice  of  the  peace  system?  We  know  the 
faults  of  the  latter,  and  it  should  not  be  difficult  to  avoid  them. 

Advantages  to  Accrue  from  Proposed  Changes 

1.  We  need  to  make  the  office  more  important,  more  dignified. 
This  is  best  done  by  making  the  district  larger.  We  no  longer 
need  a  magistrate  for  every  township.  There  are  some  town- 
ships which  can  alford  sufficient  business  for  such  an  officer, 
but  on  the  other  hand  in  ."^ome  cases  four  or  six  townships  to- 
gether will  not  yield  any  more  business.  This  leads  to  the  con- 
clusion that  the  districts  should  not  be  uniform  in  size.  The 
county  should  be  districlcd  arbitrarily  to  meet  such  conditions 

56 


as  the  distribution  of  population,  the  location  of  centers  and 
facilities  for  travel.  There  should  be  as  few  districts  as  is  pos- 
sible just  so  that  every  citizen  is  provided  with  a  court  which 
he  can  reach  in  one  or  two  hours  of  travel  by  the  most  inex- 
pensive method. 

Carrying  out  these  views  we  would  create  probably  from  four 
to  ten  districts  in  the  various  counties.  Perhaps  six  or  seven 
would  be  an  average.  In  each  district  there  would  be  a  magis- 
trate who  would  be  a  part  of  the  county  court. 

2.  We  need  some  form  of  expert  selection.  Every  such  district 
w^ould  have  some  men  peculiarly  qualified  to  become  parts  of  the 
county  court  scheme  who  would  hold  office  and  serve  the  public 
if  the  position  were  tendered  them,  but  who  would  never  actively 
campaign  to  get  this  seemingly  insignificant  office.  By  making 
the  selection  one  by  experts,  rather  than  by  popular  ballot,  the 
office  would  further  be  dignified  and  enhanced.  It  would  be  pos- 
sible for  the  county  judge  to  select  the  magistrates  on  the  theory 
that  they  are  virtually  his  deputies,  but  this  would  subject  the 
judge  to  a  vast  deal  of  importuning  w^hich  he  should  be  relieved 
of  if  possible.  A  better  way  would  probably  be  to  have  the 
magistrates  selected  by  the  county  board  of  commission  with 
the  approval  of  the  county  judge.  Under  such  a  plan  the  county 
judge  would  virtually  select  and  at  the  same  time  escape 
most  of  the  solicitation  of  the  office-hungry. 

3.  We  need  to  abolish  the  fee  system.  The  magistrate  should 
have  a  motive  for  preventing  contested  trials,  rather  than  for 
starting  and  prolonging  them.  We  must  not  penalize  the  magis- 
trate who  wants  to  acts  as  a  peace  maker.  This  means  a  fixed 
salary.  Not  a  uniform  salary,  for  in  the  various  districts  of  a 
county  the  work  would  vary  greatly  in  volume.  It  is  presumed 
that  most  magistrates  would  only  devote  their  spare  time  to  the 
office  and  in  this  way  responsible  men  of  affairs  could  be  se- 
cured. In  some  districts  a  salary  of  $100  a  year  should  suffice. 
In  others  the  work  might  take  all  or  a  substantial  part  of  the 
official's  time,  and  carry  a  salary  of  $1,000  or  more.  But  prob- 
ably the  typical  magistrate  would  be  one  receiving  from  $200  to 
$300  a  year. 

4.  We  need  to  obviate  the  present  lack  of  administrative  di- 
rection. We  must  weld  these  magistrates  and  the  county  judge 
into  a  single  organized  body  answerable  to  a  single  will  and  so 
responsible  to  the  public.     This  is  best  done  by  considering  the 

57 


magistrates  to  be  in  a  sense  deputies  of  the  county  judge.  They 
are  to  be  an  extension  of  his  person  reaching  out  to  every  home- 
stead in  the  county.  To  accompHsh  this  the  judge  must  have 
power  over  the  magistrate,  and  this  can  be  granted  in  several 
ways: 

(a)  One  way  is  to  permit  the  county  judge  to  discharge  a 
magistrate  at  will.  Some  check  could  be  imposed  upon  this 
power. 

(b)  A  second  way  is  to  permit. the  county  jiidge  to  take  into 
his  own  hands  any  cause  begun  before  a  magistrate  at  any  time 
before  judgment  is  rendered. 

As  to  the  nature  and  extent  of  jurisdiction  of  the  magistrates? 
What  we  wish,  virtually,  is  to  give  to  those  magistrates  who 
develop  genuine  ability  a  large  place  in  adjudicating  their  neigh- 
bors' controversies,  and  to  afford  easy  relief  from  the  personal 
limitations  of  the  less  capable.  It  would  be  unfortunate  to  have 
a  narrow  jurisdiction  fixed  rigidly,  for  there  is  fair  presumption 
that  the  office  would  attract  more  intelligence  and  disinterested- 
ness than  the  office  of  justice  of  the  peace  in  traditional  form. 
In  most  localities  there  is  some  worthy  citizen,  a  natural  leader, 
who  could,  under  an  ideal  tenure,  render  a  very  high  service 
through  conciliatory  methods  and  informal  procedure,  and  he 
should  be  given  large  scope  for  developing  his  capacity  as  judge 
and  peacemaker. 

What  .Jurisdiction  for  Magistrates? 

A  reasonable  jurisdiction  to  confer  on  magistrates  would  seem 
to  be  as  follows: 

1.  All  matters  within  the  jurisdiction  of  justices  of  the  peace, 
subject,  however,  to  the  power  of  the  county  judge  to  take  over 
any  cause  for  his  personal  hearing  and  determination.  Ap- 
plication for  such  transfer  can  be  made  by  either  of  the  parties 
litigant,  by  the  district  magistrate,  or  the  county  judge  can 
arbitrarily  take   any  such  cause  without  application. 

2.  Any  cause  or  matter  within  the  jurisdiction  of  the  county 
court  assigned  especially  by  the  county  judge  to  the  district 
magistrate. 

3.  Any  cause  within  the  jurisdiction  of  the  county  court  which 
the  parties  agree  shall  be  heard  by  the  district  magistrate. 

The  machinery  of  the  county  court,  thus  outlined,  will  be  found 
admirably   adapted  to  the  administration  of  criminal   law.     It 

58 


provides  a  judicial  peace  officer  for  every  small  community  and 
a  central  court  always  in  session  at  the  county  seat  where  there 
is  a  lockup. 

District  magistrates  should  have  power  to  issue  warrants 
and  conduct  preliminary  examinations  in  the  same  manner  as 
is  now  commonly  done  by  justices  of  the  peace.  They  may  also 
be  permitted  to  hear  and  determine  charges  involving  penalties 
not  exceeding  a  certain  amount,  reserving  the  more  important 
matters  for  the  county  judge.  If  the  magistrate  is  not  per- 
mitted to  preside  over  a  jury,  there  would  be  a  strong  motive  for 
waiver  of  jury  trial  as  a  saving  of  time  and  money  on  the  part 
of  the  accused.  The  right  to  have  a  jury  trial  in  a  criminal  cause 
is  a  grand  thing.  Its  exercise  in  every  trifling  cause  would  quite 
block  the  wheels  of  justice. 

The  county  judge  should  be  permitted  by  rule  to  take  over  for 
trial  before  himself  every  criminal  matter  triable  by  a  magis- 
trate. This  would  make  for  uniformity  of  law  enforcement 
throughout  the  county  and  would  enable  the  magistrate  to  trans- 
fer the  responsibility  in  certain  embarrassing  prosecutions  to 
more  capable  shoulders. 

As  to  the  limit  of  criminal  jurisdiction  reposed  in  the  county 
court,  it  would  probably  be  most  expedient  to  retain  the  divid- 
ing line  between  felonies  and  misdemeanors,  but  to  permit  trial 
of  all  but  the  most  serious  felonies  by  the  county  judge  with 
the  consent  of  the  accused.  Nearly  all  those  charged  with  serious 
offenses  would  then  have  the  option  of  being  tried  by  the  county 
judge  or  of  being  held  for  trial  at  the  next  term  of  the  court  of 
general  jurisdiction. 

It  might  be  found  desirable  to  impanel  a  jury, in  a  county 
court  regularly  once  a  month.  In  a  few  days  all  jury  trials 
would  be  disposed  of.  This  would  be  a  great  improvement  over 
the  custom  of  utilizing  locally  the  special  venire  which  is  wont 
to  bring  semi-professional  jurors  into  most  cases. 

We  have  now  a  rough  sketch  of  a  county  court  which  fixes 
responsibility  on  a  conspicuous  popular  oflficer  and  provides  him 
with  a  corps  of  local  assistants  subject  to  his  guidance.  It  is 
timely  to  consider  the  relationship  of  such  a  court  to  a  thoroughly 
organized  state  court  system. 

59 


A  Unified  Judical  System 

It  must  be  presumed  that  the  system  is  made  up  of  three 
general  judicial  departments,  namely,  the  court  of  appeal,  the 
nisi  prius  court  and  the  county  courts.  It  must  be  presumed  that 
the  entire  system  will  be  governed  by  a  council  of  judges  possess- 
ing large  powers  for  judicial  administration  and  with  respect 
to  creating  and  amending  rules  of  procedure;  also  that  there 
will  be  a  chief  justice  of  the  state  who  will  be  the  executive 
head  of  the  entire  establishment. 

It  will  doubtless  interest  you  to  learn  how  short  ballot  princi- 
ples apply  to  the  selection  of  judges.  I  have  already  asserted 
that  the  governor  is  not  the  ideal  appointing  officer,  because 
he  is  not  responsible  for  the  due  administration  of  justice.  He 
is  directly  interested  in  maintaining  a  party  organization  and 
in  forwarding  a  legislative  programme,  and  for  one  of  the  other 
of  these  duties  must  subordinate  his  appointments. 

As  consistent  believers  in  the  short  ballot  why  should  we 
not  say  that  on  the  state  ballot  there  should  be  one  vote  for 
the  executive,  one  for  a  representative  in  each  branch  of  the 
legislature  and  one  for  the  head  of  the  judicial  department? 
If  the  people  so  elect  the  chief  justice  of  a  unified  and  organ- 
ized state  court  system,  making  him  the  executive  officer  to 
see  that  the  judicial  machine  works  efficiently  in  all  of  its  many 
branches,  they  will  have  an  official  whom  they  can  hold  re- 
sponsible for  the  administration  of  justice.  They  can  at  least 
if  they  confer  upon  him  power  to  select  judges.  If  that  power 
is  given  they  will  have  for  the  first  time  real  expert  selection 
of  judges;  they  will  have  a  short  ballot  judiciary;  they  will 
judge  or  of  being  held  for  trial  at  the  next  term  of  the  court  of 
have  judges  appointed  by  one  who  is  directly  responsible  for 
the  due  administration  of  justice  and  who  will  have  the  highest 
possible  motive  for  making  wise  selections,  because  the  success 
of  his  own  administration  will  depend  upon  the  ability  of  his 
associates. 

There  are  some  things  which  the  voters  as  a  group  cannot 
do  with  assured  success,  and  the  selection  of  the  best  juristic 
talent  from  the  bar  is  one  of  them.  If  their  judges  are  ever  to 
be  democratically  representative  of  the  majority  of  the  voters, 
they  must  be  chosen  by  some  one  person  whom  the  voters  elect 
for  this  definite  purpose. 

60 


When  we  speak  of  appointed  judges  we  ordinarily  think  of 
life  appointment.  But  there  is  no  reason  for  confusing  the 
method  of  selection  with  the  tenure.  The  reason  we  do  this 
is  because  under  the  elective  system  a  confused  issue  is  pre- 
sented to  the  mind  of  the  voter,  who  is  required  at  a  single 
stroke  to  pass  upon  the  proposed  recall  of  the  incumbent  and 
at  the  same  time  the  choice  of  his  successor,  if  there  is  to  be  one. 

Expert  Selection  of  Judges 

We  can  have  expertly  selected  judges,  as  every  other  civilized 
country  has,  and  as  fourteen  of  our  own  states  have,  without 
necessarily  having  life  tenure.  The  appointed  judge  can  be 
submitted  to  the  electorate  and  there  is  reason  to  believe  that 
if  the  single,  clear-cut  issue  is  presented,  whether  the  incum- 
bent will  be  continued  in  office,  or  retired,  there  will  be  a  con- 
servative and  intelligent  answer. 

The  chief  justice  exercising  the  appointing  power  should  hold 
for  a  comparatively  short  term,  say  four  years.  In  that  case 
he  would  not  be  able  to  make  very  many  appointments,  or  seri- 
ously alter  the  personnel  of  the  court,  without  a  submission  of 
his  name  and  record  to  the  voters.  This  would  be  genuine,  not 
sham,  democracy.  If  we  ever  give  real  democracy  a  trial  we  will 
find  out  whether  we  like  it  or  not. 

Then,  to  free  the  appointing  power  from  dependence  upon 
party  organization,  why  not  provide  that  a  chief  justice  de- 
feated for  re-election  shall  have  the  privilege  of  remaining  in 
the  court,  subject  to  the  regular  submission  after  a  reasonable 
period?  He  would  be  assigned  to  work  by  his  successor.  Failure 
to  be  re-elected  would  mean  dissatisfaction  with  his  policy  as 
an  executive  at  the  worst,  and  usually  it  would  be  merely  the 
loss  of  power  by  the  party  supporting  him. 

We  can  hardly  conceive  of  conferring  any  power  without  at 
the  same  time  providing  a  check.  But  there  is  something  bet- 
ter by  far  than  any  customary  check  upon  the  appointive  power 
of  a  chief  justice.  It  is  to  hmit  selections,  or  a  share  of  selec- 
tions, to  an  eligible  list.  This  eligible  list  would  be  a  public  list 
containing  the  names  of  twice  as  many  judges  as  there  are 
places  in  each  branch  of  the  court.  Names  would  be  placed 
upon  it  as  vacancies  occur,  by  the  judicial  council,  the  governing 
board  of  the  state  judiciary.     This  would  compel  the  chief  jus- 

61 


tice  to  select  from  a  list  made  up  in  advance  of  the  vacancy 
by  men  whose  only  motive  could  be  that  of  public  loyalty. 

The  foregoing  digression  presents  very  crudely  the  American 
Judicature  Society's  application  of  short  ballot  principles  to  the 
judiciary. 

There  will  be  in  the  average  state  a  small  proportion  of 
counties  too  populous  to  get  along  with  a  single  county  judge. 
There  is  experience  warranting  the  belief  that  with  a  civil 
jurisdiction  extending  to  $500  a  county  judge  can  serve  a  pop- 
ulation of  40,000.  In  more  populous  counties  up  to  70,000  there 
should  be  an  associate  county  judge,  like  the  county  judge  in 
all  respects  save  that  he  shall  be  subject  to  administrative  con- 
trol by  the  latter,  and  for  every  30,000  population  over  70,000 
there  should  be  an  additional  county  judge.  In  most  states 
there  would  be  only  a  few  such  larger  counties,  and  they  could 
be  provided  for  individually. 

A  county  judge  who  has  an  associate  could  assign  supervision 
of  the  districts  to  his  colleague,  trying  the  more  important 
causes  himself  at  the  county  seat;  or  the  two  might  specialize 
severally  in  civil  and  criminal  matters.  The  division  of  work 
should  not  rest  upon  any  general  rule,  but  wholly  upon  the  dis- 
cretion of  the  county  judge. 

With  two  associate  judges  further  specialization  is  possible. 
One  might  have  sole  charge  of  the  probate  department  of 
juvenile  offenders,  and  of  the  domestic  relations  branch,  thus  af- 
fording smaller  urban  districts  the  same  benefits  which  large 
cities  may  enjoy,  and  which  cannot  readily  be  secured  under  the 
existing  organization,  or  lack  of  it. 

Points  of  Contact  Between  Higher  and  Lower  Courts 

A  principal  point  of  contact  between  the  county  court  division 
and  the  rest  of  the  state  judicial  establishment  would  arise  from 
the  duty  of  the  chief  justice  of  the  state  to  collect  and  publish 
full  statistics  of  all  divisions  and  branches  of  the  state  court 
system.  The  district  magistrates  would  be  reciuired  to  report 
their  business  to  the  county  judge  as  frequently  as  once  a  month 
and  not  less  often  the  county  judge  would  be  required  to  report 
for  the  county  to  the  chief  justice. 

In  most  of  the  states  it  would  probably  be  preferable  to  per- 
mit the  chief  justice  to  delegate  his  control  over  county  courts 
to  a  judicial  officer  known  as  presiding  justice  of  the  county 

02 


courts.  If  the  administration  of  justice  in  the  local  courts 'ik  to 
be  brought  to  a  highly  efficient  plane  the  work  of  supervision 
merits  the  undivided  attention  of  one  properly  qualified  official. 
Given  such  a  presiding  justice  it  may  be  presumed  that  he  will 
spend  much  of  his  time  in  the  field,  traveling  from  county  to 
county,  encouraging  uniformity  of  practice  and  checking  or 
stimulating  county  judges  according  to  their  individual  needs. 

There  are  other  points  of  contact.  The  jurisdiction  of  the 
county  court  civilly  should  be  concurrent  with  the  jurisdiction 
of  the  7iisi  prius  branch.  Abuse  of  the  right  to  begin  causes 
involving  small  amounts  in  the  higher  court  is  readily  presented 
by  rules  concerning  costs,  as  is  done  in  Canada.  The  plaintiff 
who  does  not  recover  more  than  $500  may  be  required  not  only 
to  forfeit  costs,  but  to  pay  costs,  at  the  discretion  of  the  court, 
to  the  defeated  defendant.  The  flexibility  thus  secured  will  be 
appreciated  by  the  litigant  who  believes,  whether  for  cause  or 
not,  that  the  local  judge  is  prejudiced. 

A  close  union  of  the  local  and  general  courts  may  also  be 
effected  through  making  the  county  judge  ex  officio  master  for 
his  county  of  the  Circuit  Court.  This  dignifies  his  position  and 
makes  the  business  of  the  higher  court  more  continuous  in  the 
most  remote  parts  of  the  state. 

On  the  ministerial  side  there  is  also  close  relationship  be- 
cause the  clerk  of  the  county  court  will  be  the  local  deputy 
of  the  clerk  of  the  entire  state  court.  The  district  magistrates 
will  keep  dockets  and  will  issue  process  and  make  reports  as 
deputies  of  the  clerk  of  the  county  court. 

A  definite  picture  of  such  a  court  in  action  is  not  avail- 
able, for  we  have  no  example  to  present.  I  conceive  of  it  as  a 
court  presided  over  in  each  county  by  a  judge  who  has  within 
his  limited  jurisdiction  considerable  freedom  and  authority.  I 
would  expect  him  to  be  fairly  well  equipped  as  a  jurist  and 
even  better  as  an  administrator.  No  county  officer  would  be 
closer  to  the  people  aiid  none  would  perform  a  more  important 
work. 

I  conceive  of  the  district  magistrate  under  this  ideal  system 
as  a  substantial  citizen  who  commands  the  respect  of  the  public. 
Handling  the  small  cases  arising  throughout  the  county,  but 
at  some  distance  from  the  county  seat,  there  would  be,  under 
a  simple  and  flexible  procedure,  a  great  opportunity  for  concillia- 
tion.    A  respected  magistrate,  such  as  we  could  presume  as  the 

63 


type,  would  endeavor  to  adjust  differences  arising  among  his 
constituency  with  the  least  cost  to  them.  Legal  problems  he 
could  submit  to  his  superior,  so  that  first-class  counsel  would 
be  free  to  those  contemplating  litigation.  The  litigant,  in  the 
hour  of  his  wrath,  would  be  saved  from  himself.  Trials  would 
be  inquiries  into  the  truth,  not  barn-storming  dramatics. 

Constitutional  Changes  in  New  York 

Of  course,  very  little  change  in  the  structure  of  the  New 
York  judicial  establishment  is  possible  without  constitutional 
change.  The  patchwork  system  now  existing  is  embalmed  in 
the  constitution  of  1894.  The  distinguished  senior  Senator  of 
the  State  of  New  York  took  up  the  challenge  when  a  critic 
called  simplified  pleadings  nothing  more  than  an  old  woman 
coming  into  court  and  telling  her  story.  But  the  New  York 
constitution  is  like  a  garrulous  old  neighbor,  who  comes  in  early 
in  the  morning  and  stays  all  day  and  talks.  So  far  as  the 
judicial  article  is  concerned  it  is  absurdly  detailed. 

In  order  to  develop  an  efficient  machine  for  administering 
justice  the  Legislature  should  have  greater  scope.  The  con- 
stitution should  be  organic  law,  and  not  gossip.  Nothing  should 
go  into  the  constitution  which  is  not  absolutely  necessary.  In 
the  judicial  article  there  should  be  provision  for  a  court  of  ulti- 
mate appellate  jurisdiction,  which  court  should  be  protected  so 
that  the  Legislature  cannot  in  the  future  cut  the  ground  from 
under  it  if  we  are  to  continue  our  present  universal  rule  of 
judicial  pre-eminence.  But  beyond  that  the  constitution  should 
provide  for  such  inferior  tribunals,  branches  of  the  unified  state 
court,  as  the  Legislature  may  create.  There  should  be  no  men- 
tion of  county  judges,  justices  of  the  peace,  surrogates  and  the 
like  specifically.  We  shall  learn  from  experience  and  should  have 
our  hands  free  to  profit  by  what  we  learn.  There's  little  good 
in  a  so-called  liberty  which  leaves  us  no  freedom  to  develop. 

[Dr.  Richmond  at  this  point  arose  and  invited  the  delegates 
to  tea  at  5  P.  M.  at  the  president's  house.] 

Chairman:  "Will  you  take  to  Mrs.  Richmond  our  thanks, 
and  as  many  of  us  as  are  able  will  accept  the  invitation." 

I  Mr.  Cawcroft  was  unable  to  be  present.  His  paper  is  inserted 
herewith  in  the  place  assigned  to  him  on  the  program.  1 


64 


ADDRESS 
"The  Sheriff  and  a  State  Constabulary" 

By  ERNEST  CAWCROFT,  Deputy  State  Treasurer,  Albany. 

City  government  is  the  definite  alleged  failure  of  our  demo- 
cratic system.  Bryce  gave  currency  to  the  common  conviction 
of  individual  thinkers  when  he  made  this  observation  in  his 
American  Commonwealth.  The  American  municipal  situation 
needed  a  man  of  his  independent  and  dispassionate  power  of 
utterance  to  bestir  the  civic  conscience.  Since  Bryce  penned 
his  chapter  on  American  city  government,  a  series  of  confer- 
ences has  initiated  measures  for  improved  civic  administration 
throughout  the  nation.  This  is  especially  true  in  the  newer 
western  communities  where  the  profits  of  existing  property  do 
not  retard  the  progress  of  municipal  improvement ;  and  in  those 
older  cities,  where  public  disaster,  like  a  conflagration  or ,  an 
earthquake,  forces  an  immediate  improvement  in  local  adminis- 
tration as  a  forerunner  to  grappling  with  the  problems  of  re- 
construction. 

But  as  a  result  of  this  twenty  years  of  discussion  and  experi- 
ment the  cities  have  mapped  out  a  definite  program.  This  pro- 
gram pivots  on  home  rule  and  centralized  administration.  Many 
cities  have  enjoyed  these  privileges  for  ten  years  past.  The 
privileges  of  local  administration  have  been  exercised  with  such 
success  that  the  friends  of  the  cities  are  now  seeking  to  give 
these  powers  definite  constitutional  sanction.  Local  privileges 
have  become  "rights"  in  the  eyes  of  some  of  the  municipal  ad- 
vocates and  they  desire  the  safeguarding  of  these  "rights"  with 
the  same  jealousness  as  the  champions  of  the  "walled  cities"  of 
England  demanded  guaranties  of  their  charters  from  the  Crown. 

Needs  of  the  County 

But  perhaps  too  much  emphasis  has  been  given  to  the  "city 
problem"  in  comparison  with  the  questions  arising  in  connection 
with  better  county  government.  A  city,  unlike  a  county,  is  on 
the  end  of  an  Associated  Press  wire;  and  the  evils  which  a 
city  suffers,  no  less  than  what  a  reformer  purposes  to  do,  to, 
or  for,  his  city,  is  heralded  broadcast.  It  requires  a  county  the 
size  of  New  York  or  London  to  get  its  ills  and  its  cures  into 
the  public  mind. 

There  is  timeliness  then  in  the  holding  of  a  Better  County 

65 


Government  conference  on  the  eve  of  the  Constitutional  Con- 
vention. The  City  program  is  defined,  and  in  many  respects 
the  city  and  county  problems  are  alike.  All  the  world  has 
read  about  the  commission  form  of  government  which  exists 
in  the  county  known  as  Greater  London ;  and  people,  both  up-state 
and  down,  are  willing  to  give  their  time  to  improving  the  effi- 
ciency and  ethics  of  New  York  County.  But  this  conference 
should  give  its  attention  to  the  problem  of  government  in  the 
average  county  in  the  hope  that  by  giving  stimulus  and  direc- 
tion to  the  discussion,  definite  plans  will  be  produced.  I  have 
connected  the  city  and  county  problem  because  I  think  they  are 
interlinked;  each  sub-division  being  a  mere  agency  of  the  state 
but  none  the  less  vital;  and  because  I  have  promised  this  paper 
on  my  conviction  that  better  county  government  must  come 
through  the  same  method  employed  by  the  cities — namely,  by 
the  grant  of  a  fair  measure  of  home  rule,  and  more  particularly 
by  the  exercise  of  those  home  rule  powers  by  centralized  and 
responsible  county  authority. 

Powers  of  the  Sheriff 

Thus,  I  desire  to  suggest  for  topical  discussion:  The  Sheriff 
and  Better  County  Government.  I  do  this  because  I  think 
that  the  first  step  in  the  better  county  government  movement 
should  be  to  restore  to  the  office  of  sheriff  its  historical  prestiire 
and  pristine  vigor.  Those  who  are  unfamiliar  with  the  his- 
torical setting  of  our  state  constitution  may  surmise  from  read- 
ing Section  1  of  Article  X  of  the  instrument  that  the  "sheriff" 
is  a  latter  day  creation.  "Sheriffs  shall  be  chosen,"  says  Section 
1,  "by  the  electors  of  the  respective  counties,  once  in  every  three 
years  and  as  often  as  vacancies  shall  happen.  Sheriffs  shall 
hold  no  other  office  and  be  ineligible  for  the  next  term  after  the 
termination  of  their  office.  They  may  be  required  by  law  to 
renew  their  security  from  time  to  time  and,  in  default  of  their 
giving  such  security,  their  offices  shall  be  deemed  vacant.  But 
the  county  shall  never  be  responsible  for  the  acts  of  the  sherilf." 

But  in  fact  the  "sheriff"  has  a  definite  history  of  nine  cen- 
turies in  England.  The  constitutional  proviso  gives  form  and 
some  limitation  to  the  historical  growth  of  the  office.  As  early 
as  Edward,  a  statute  required  the  sheriff  to  be  a  landowner, 
thereby  attesting  his  interest  in  the  king's  realm  and  provid- 
ing some  measure  of  security  to  the  victims  of  his  errors  or 

60 


his  exactions ;  even  before  the  days  of  surety  companies.  Mait- 
land,  the  English  legal  historian,  tells  us  that  in  the  days  of  his 
prime  importance  the  sheriff  was  the  appointee  of  the  king; 
he  was,  indeed,  the  governor  of  the  county,  the  captain  of  the 
forces,  the  veritable  president  of  the  local  or  county  court.  He 
carried  out  the  king's  mandate  in  distant  counties,  raised  the 
quota  of  local  troops  to  repel  foreign  invasion;  and  because  of 
the  lack  of  quick  communication  with  the  seat  of  government, 
he  quelled  domestic  tumult  first  and  reported  later.  Within  those 
so-called  walled  cities,  which  had  received  a  grant  akin  to  home 
rule  powers,  from  the  kin,  the  sheriff  was  the  remaining  evidence 
of  royal  authority.  I  can  picture  in  my  mind  something  of  the 
power  possessed  by  the  English  sheriff  in  the  sixteenth  century 
and  the  esteem  in  which  he  was  held.  I  remember  attending  a 
lord  mayor's  banquet  at  Bristol,  England,  a  few  years  ago. 
Bristol,  once  the  second  city  of  the  kingdom,  retains  today  that 
respect  for  the  prestige  of  the  sheriff  that  was  displayed  some 
centuries  ago,  when  the  captain  of  the  forces  asked  the  residents 
of  this  then  free  city  to  volunteer  men  and  ships  to  repel  the 
oncoming  Spanish  armada.  The  sheriff  entered  the  banquet  room 
with  the  lord  mayor;  he  was  garbed  in  the  historical  regalia 
of  his  office,  mace  in  hand;  and  his  appearance  recalled  the  his- 
torical days  when,  as  to  certain  matters  involving  domestic  peace 
and  defense,  he  exercised  concurrent  jurisdiction  with  the  lord 
mayor.  But  I  appreciate  the  fact  that  this  merger  of  executive, 
judicial  and  police  powers  in  the  English  sheriff  led  to  grave 
abuses.  Maitland  devotes  a  chapter  to  tracing  the  gradual 
growth  of  these  abuses;  then  another  to  that  series  of  enact- 
ments by  which  it  was  necessary  to  limit  the  power  of  the  sheriff, 
but  which  at  the  same  time  diminished  the  prestige  and  lessened 
the  usefulness  of  the  oifice.  The  disintegration  of  the  sheriff's 
office  must  be  viewed  as  an  historical  and  necessary  fact;  but 
this  tendency,  like  all  reactions,  has  gone  too  far  and  in  the 
growth  of  a  better  system  of  county  government  the  sheriff  must 
be  restored  to  his  place  as  "chief-man,"  to  use  the  exact  and 
expressive  phrase  of  an  English  law  writer. 

Now,  we  are  not  deceived  by  this  gold-lace  grandeur  or  by  this 
knowledge  of  historical  power.  The  sole  purpose  in  making  these 
citations  is  to  give  emphasis  by  contrast  to  the  conclusion  that 
the  restoration  of  the  sheriff's  prestige  promotes  the  public  peace, 
and  renders  easier  and  less  expensive  the  exercise  of  those  func- 

67 


tions  with  which  he  is  now  vested  and  with  which  he  should  be 
endowed  in  a  larger  measure. 

Commission  Government 

I  think,  then,  that  the  students  of  county  administration  are 
agreed  that  the  movement  for  a  better  system  should  tend  in 
the  direction  of  a  commission  form  of  government  for  counties ; 
city  commission  government  is  being  followed  by  county  com- 
mission administration  in  the  west ;  and  the  best  city  and  county 
government  combined  is  under  the  commission  or  "committee" 
form  known  as  the  London  County  Council,  and  which  has  stood 
the  test  of  governing  the  largest  unit  of  population  in  the  world, 
designated  as  Greater  London. 

I  have  here  suggested  the  shape  which  the  county  govern- 
ment should  take,  because  I  contend  that  the  sheriff  should  be 
the  center  of  that  form  of  county  commission  administration. 
Our  system  of  county  government  lacks  executive  force  and 
cohesion.  A  people  who  started  out  to  retain  the  balance  of 
the  three  sovereign  departments  of  their  government  have  car- 
ried their  theory  to  the  extend  of  limiting  in  power  and  weaken- 
ing in  efficiency  the  local  executive  agencies  of  their  govern- 
ment. The  distinction  between  a  sovereign  department  and  a 
local  agency  should  be  kept  in  mind,  but  it  has  not.  The  whole 
effort  to  gain  commission  government  for  cities  has  been  based  on 
xecognition  of  this  conclusion. 

The  same  thought  must  be  kept  in  view  in  mapping  out  a 
b'stter  county  government  system.  The  sheriff  must  be  made 
the  "chief-man,"  the  captain  of  the  forces,  the  executive  head 
of  the  county,  in  fact  and  with  power. 

The  sheriff  will,  of  course,  continue  to  keep  the  county  jail; 
and  to  exercise  that  tremendous  power  involved  in  receiving 
and  execution  from  either  a  reputable  or  disreputable  lawyer, 
as  an  officer  of  the  court,  and  proceeding  to  sell  our  property 
under  that  mandate.  The  enormity  of  the  power  thereby  exer- 
cised is  so  evident,  and  yet  so  necessary,  that  any  movement 
which  tends  to  increase  the  required  prestige  and  responsibility 
of  a  citizen  seeking  the  sheriff's  office  should  be  welcomed  by 
property  owners.  Then  the  vacuum  should  be  eliminated  from 
our  local  governmental  system ;  and  any  step  which  tends  to  make 
the  sheriff  an  executive  with  real  power  in  administoring  the 
affairs  of  his  county,  which  seeks  to  vest  him  with  the  exercise 

68 


of  all  those  residuary  powers  of  county  government  not  other- 
wise conferred  on  officers  of  a  county  as  a  state  governmental 
agency  should  be  commended. 

Sheriff  and  Public  Peace 

But  if  we  are  to  vest  the  sheriff  anew  with  these  ancient  and 
enlarged  powers  as  a  county  executive,  his  relationship  to  the 
machinery  of  preserving  the  public  peace  must  be  altered.  This 
must  be  done  not  only  to  give  him  time  for  the  performance  of 
his  executive  duties,  but  because  of  existing  system  of  preserv- 
ing the  public  peace  is  expensive  and  inefficient.  And  when  1, 
speak  of  "public  peace"  I  mean  not  only  the  absence  of  tumult, 
but  the  literal  enforcement  of  the  law  as  to  individuals,  without 
which  respect  for  the  community  as  a  whole  cannot  long  con- 
tinue. 

This  commonwealth  has  entered  upon  certain  definite  policies 
on  a  statewide  scale.  It  is  reasonable  to  assume  that  by  virtue  of 
the  additional  powers  given  to  certain  departments  of  govern- 
ment by  the  coming  Constitutional  Convention  that  these  policies 
will  be  broadened  rather  than  dimished.  Among  other  things, 
the  state  is  pledged  to  a  system  of  canals  and  the  operation  of 
boats  thereon  by  the  latest  electrical  mechanism  requiring  protec- 
tion on  a  state-wide  scale;  the  commonwealth  is  completing  a 
system  of  highways  having  little  relationship  to  county  lines, 
which  is  the  key  to  the  sheriflf's  particular  jurisdiction  and  lead- 
ing to  uniform  legislation  controlling  the  operation  of  vehicles 
and  their  safety  devices;  uniform  systems  as  to  the  sale  of 
liquors,  the  inspection  of  places  of  amusement,  the  supervision  of 
factories  and  the  coming  state-wide  effort  to  preserve  the  state's 
resources  from  destruction  by  fire  or  otherwise.  Today  the 
sheriff  as  the  guardian  of  the  law  in  his  county  is  wholly  or 
partially  responsible  for  its  enforcement  as  to  the  features  cited 
and  many  others.  But  we  know  as  a  matter  of  experience  that 
the  sheriff  is  not  in  a  position  to  enforce  the  law,  particularly  as 
to  those  evils  which  are  not  inherent  crimes,  but  social  or 
economic  offenses;  and  this  fact  of  experience  is  confirmed  by 
the  horde  of  deputies,  inspectors  and  supervisors  who  flock 
on  successive  weeks  from  Albany  to  determine  whether  a  par- 
ticular statute,  not  the  law  in  general,  is  being  obeyed  in  our 
theatres,  on  our  highways  or  in  our  business  places.  This  is 
wasteful,   ineffective   and   because   it   involves  the   exercise   of 

69 


concurrent  police  powers  it  is  difficult  to  determine  who  failed 
to  enforce  the  law  as  well  as  to  convict  those  who  failed  to 
obey  it. 

State  Constabulary  Needed 

This  brings  me  to  the  final  point  of  this  paper:  That  a  state 
police  or  constabulary  is  essential  to  a  better  system  of  county 
government :  Local  sentiment  will  not  approve  of  the  appointment 
of  the  sheriff  by  the  Crown  or  centralized  authority,  as  in  Eng- 
land; nor  will  it  tolerate  the  re-establishment  of  the  system 
under  which  the  governor  named  the  sheriff.  He  must  continue 
to  be  the  choice  of  the  local  electors;  but  as  an  officer  charged 
with  the  enforcement  of  state  laws  in  local  jurisdiction,  he  must 
be  made  a  leading  factor  in  a  state  constabulary  system.  He 
must  again  become  "the  captain  of  the  forces" — a  lieutenant 
of  the  state  police  system. 

I  am  in  favor  of  creating  a  body  of  trained  men,  controlled 
and  supported  by  the  state,  giving  uniformity  of  enforcement 
to  social  and  economic  policies  adopted  on  a  state-wide  scale, 
protecting  the  public  highways  from  the  speeder  on  one  hand 
and  the  local  grafter  on  the  other,  and  sufficiently  elastic  in  units 
to  be  moved  from  week  to  week  to  various  parts  of  the  state  as 
the  public  exigencies  require.     The  sheriff  should  be  made  the 
local  lieutenant  of  these  state  police  when  in  his  county,  and  he 
should   be   held   responsible  to  the   state  marshal  of   the   con- 
stabulary.    Today   we   witness   the   spectacle   of   townships   or 
counties   employing  special  deputies  or  constables   to  patrol  a 
trunk  line  highway,  or  the  "swearing  in"  of  specials  to  enforce 
a  particular  law  or  quell  a  marked  disturbance.    Then  these  men 
must  be  carried  on  the  payrolls  of  their  localities,  or  they  must 
seek  a  chance  job  until  the  passing  of  the  snow,  or  the  return  of 
the  next  local  tumult  assures  them  work.     This  is  a  burden  on 
the  sheriff  and  the  constables  and  deputies  responsible  to  him, 
which  should  be  borne  by  a  state  police.     The  members  of  a 
state  police  may  be  shifted  with  the  seasons;  equipped   with 
motorcycles  they  can  cover  stretches  of  territory,  supervising 
a  variety  of  matters  in  place  of  many  constables  on  a   given 
highway  or  in  a  particular  district,  giving  attention  to  one  ex- 
pected type  of  legal   infraction.     Moreover,   this  state   needs  a 
state  police  whose  freedom  from  the  need  of  local  apiiointment. 
mobility  of  movement,  assures  power  of  concentration  and  unity 

of  action. 

70 


Militia  Is  Necessary 

But  there  is  another  situation  which  the  sheriff  has  faced  and 
which  we  as  citizens  must  face.  The  local  bodies  of  the  state 
militia  have  been  regarded  as  the  powerful  arm  of  the  sheriff  to 
quell  tumult.  The  militia  has  been  loyal  in  facing  that  task. 
But  between  a  false  peace  propaganda,  the  spread  of  the  doctrines 
of  a  particular  political  party  or  economic  group  and  the  growing 
feeling  of  young  men  that  they  do  not  want  to  be  employed  as 
militiamen  only  when  there  is  need  of  quelling  an  industrial 
disturbance  in  which  their  neighbors  may  participate,  the  enlist- 
ments in  the  National  Guard  are  decreasing  yearly.  The  state 
needs  a  considerable  body  of  militia  for  real  military  purposes; 
and  it  seems  that  a  state  constabulary  should  be  organized  so 
that  a  local  sheriff  may  call  for  a  group  of  trained  men  as  a 
matter  of  course  before  the  outbreak  and  not  after  and  without 
the  display  of  authority  which  is  necessary  but  harmful  because 
of  the  complications  incident  to  invading  a  community  with 
armed  troops  better  prepared  to  fight  in  the  open  field  than  to 
meet  the  problem  of  quelling  tumult  without  shooting  in  the 
streets  of  their  own  or  neighboring  city. 

Thus,  there  is  need  that  the  Constitutional  Convention  vest 
the  Legislature  with  power  to  make  the  sheriff  a  decisive  factor 
in  the  state  force.  This  does  not  mean  that  cities  or  counties 
should  waive  the  exercise  of  their  local  police  powers,  but  it 
does  imply  that  the  state  is  prepared  to  aid  the  local  authorities 
in  any  given  instance  to  enforce  the  law  and  preserve  or  restore 
the  public  peace.  This  may  be  done  by  the  convention  refusing 
to  define  strictly  the  powers  of  the  sheriff,  and  leaving  all  to 
legislative  enactment,  except  the  manner  of  his  election  and 
the  term  of  his  office. 

But  in  justice  to  the  sheriff  and  in  the  interests  of  public  peace 
there  should  be  a  clear  constitutional  declaration  as  to  what  ex- 
tent he  shall  be  burdened  by  civil  action  following  the  honest 
performance  of  what  he  deems  to  be  his  duty  in  time  of  public 
tumult.  And,  indeed,  it  seems  to  me  that  the  provision  of  the 
statute  making  the  sheriff  secure  an  order  of  the  Supreme  Court 
as  one  of  the  legal  methods  of  summoning  the  state  militia  to  his 
county  is  a  legal  paradox.  I  am  of  the  conviction  that  the  em- 
ployment of  the  militia  is  a  prerogative  of  the  Crown  and  should 
be  exercised  by  the  executive  in  his  discretion  and  without  ques- 
tion before  or  after  the  event.    And,  hence,  I  feel  that  the  clause 

71 


requiring  a  Supreme  Court  order  is  out  of  place  in  the  military 
laws  of  the  state ;  and  that  the  sheriff  should  be  placed  in  a  legal 
position  to  request  aid  from  the  marshal  of  the  state  police  and 
that  the  latter  in  turn  may  secure  the  direction  of  the  Governor 
as  to  the  employment  of  the  state  militia — if  a  second  line  of 
defense  against  domestic  tumult  be  needed. 

Value  of  Constabulary 

I  spent  several  days  at  the  headquarters  of  the  Northwestern 
Mounted  Police  in  Regina;  I  need  not  say  that  the  record  of 
these  men  for  definite  and  drastic  action  has  given  to  the  force 
that  prestige  which  has  simplified  the  preservation  of  order  in 
western  Canada.  It  is  a  good  thing  for  the  viciously  inclined 
to  get  into  their  minds  that  the  sheriff  is  not  going  to  debate 
with  them  or  himself  as  to  whether  he  will  enforce  the  law. 
Nor  is  the  value  of  such  a  force  confined  to  days  of  disorder.  I 
have  seen  the  Pennsylvania  state  police  operate  in  various  re- 
gions; but  I  saw  these  young  men  do  their  best  work  at  the 
fiftieth  anniversary  of  the  Battle  of  Gettysburg,  when  with 
efl[iciency  and  without  officiousness  they  moved  the  vast  throng 
of  people  and  vehicles  along  the  highways. 

It  may  have  occurred  to  you,  as  it  has  to  me,  that  the  pro- 
posing of  a  state  constabulary  at  a  Better  County  Government 
conference  is  wide  of  its  mark.  But  there  are  those  of  us  who 
are  so  jealous  for  home  rule  for  cities  and  counties  that  we  are 
inclined  to  overlook  the  historical  and  legal  fact  that  these  sub- 
divisions of  the  state  have  no  rights,  but  only  privileges  granted 
by  the  sovereign;  that  they  must  exercise  these  privileges  as 
agents;  and  that  unless  the  machinery  of  their  exercise  is 
brought  into  co-ordination  with  the  state  power  which  makes  the 
laws  harm  will  result.  Thus  in  pleading  that  the  sheriff  be  re- 
vitalized as  the  "chief-man"  in  a  better  system  of  county  gov- 
ernment, I  have  felt  compelled  to  urge  that  he  be  made  a  factor 
in  a  state  police  force;  that  he  be  authorized  to  give  aid  to  and 
be  aided  by  a  state  force  in  the  enforcement  of  state-wide  laws. 


11 


ADDRESS 

"The  County  Manager  Plan" 

By  RICHARD  S.  CHILDS,  Secretary, 
The  National  Short  Ballot  Organization 

When  all  the  inter-relations  of  the  various  officials  are  repre- 
sented by  lines  the  result  looks  like  a  ball  of  yarn  after  the  cat 
has  gotten  through  with  it. 

My  view  of  the  county  problem  is  that  of  a  political  scientist, 
and  from  the  viewpoint  of  the  political  scientist  the  ground  plan 
of  county  government  is  ideally  bad.  Political  science  does  not 
concern  itself  very  much  with  the  administrative  work  of  the 
county,  but  only  with  certain  of  the  larger  and  more  theoretical 
questions  with  which  county  officials,  as  such,  are  not  usually 
concerned  in  their  daily  work.  Those  who  are  engaged  in  county 
work  take  the  county  organization  as  they  find  it  and  get  along 
with  it  the  best  they  can.  When  they  find  themselves  baffled 
in  an  endeavor  to  do  some  desirable  thing,  they  are  apt  to  blame 
it  on  the  other  man  who  has  gotten  in  their  way,  without  stopping 
to  discuss  the  broader  question  as  to  how  the  county  might  be 
organized  in  a  way  to  make  such  a  deadlock  impossible.  If  the 
Board  of  Supervisors  gets  into  a  quarrel  with  the  county  clerk 
over  some  matter  of  mutual  concern  they  fight  it  out  and  one 
or  the  other  gets  licked  without  much  thought  on  the  part  of 
either  party  as  to  the  fact  that  there  ought  to  be  some  simple 
and  automatic  way  of  resolving  such  a  difference. 

"Checks  and  Balances"  a  Disease 

Political  science,  however,  sees  in  pulling  and  hauling,  dead- 
locks and  delays,  merely  the  symptom  of  a  disease,  and  dis- 
regarding all  the  immediate  factors  seeks  a  form  of  organization 
for  the  county  which  will  make  it  possible  to  compel  harmony. 
If  expert  social  workers  going  through  the  state  and  visiting 
almshouses  find  deplorable  conditions,  slack  management,  easy- 
going methods  or  low  standards,  the  political  scientist  proceeds 
to  lay  the  blame  once  again  on  the  kind  of  organization  which 
decrees  that  the  keeper  of  the  county  almshouse  or  the  super- 
intendent of  the  poor  shall  be  a  transient  amateur,  who  is  in 
office  today  and  displaced  by  the  whirligig  of  politics  as  soon  as 
he  learns  his  job.  If  a  state  examiner  investigating  the  accounts 
of  the  county  treasurer  finds  that  the  bookkeeping  is  slipshod  and 
unreliable,  the  political  scientist  blames  that  also  on  the  fact  that 

73 


the  county  treasurer  is  a  transient  amateur,  and,  further,  prophe- 
sies that  all  attempts  to  reform  the  conduct  of  the  office  are  bound 
to  be  simply  a  running  fight,  because  county  treasurers  come  and 
go  so  fast  that  efforts  to  keep  them  educated  up  to  the  proper 
standards  must  be  endlessly  repeated.  If  the  history  of  twenty 
years  shows  that  reform  in  instance  after  instance  has  consisted 
in  taking  functions  out  of  the  county  and  vesting  them  in  the 
state,  the  political  scientist  begins  to  suspect  that  the  county  is 
so  organized  that  it  falls  down  on  the  job  as  soon  as  the  job  be- 
comes important  or  technical  or  difficult  and  that  the  develop- 
ment of"  the  powers  of  the  state  government  at  the  expense  of 
the  county'  is  probably  a  case  of  the  survival  of  the  fittest. 

Modern  political  science  in  this  county  is  largely  the-  develop- 
ment of  fifty  years  of  ferment  in  municipal  affairs,  and  the 
principles  which  have  been  worked  out  in  the  cities  in  the  long 
struggle  for  betterment  are  now  pretty  well  established. 
•  As'  a  result  of  these  long  years  of  experimentation  political 
science  now  discards  certain  ancient  political  superstitions  of 
ours.  In  particular  the  fear  of  conferring  power  on  anybody  to 
do  anything;  the  theory  that  if  you  give  to  one  public  body 
the  power  to  do  something  you  must  give  to  some  other  public 
body  the  power  to  knock  it  down  when  it  is  done.  We  have  found 
by  long  experience  in  city  government,  county  government  and 
state  government  that  there  is  no  safety  in  the  theory  of  checks 
and  balances,  but,  on  the  contrary,  that  divided  responsibility  is 
perilous  and  a  serious  and  unnecessary  obstacle  to  the  efforts  of 
the  citizens  to  control  their  governments.  The  idea  that  dividing 
up  power  into  many  disjointed  fragments  would  lead  to  democ- 
racy has  proven  fallacious,  for  instead  of  leading  to  democracy 
it  has  led  us  into  bossism,  and  we  found  that  when  we  under- 
take a  campaign  to  remove  one  boss  we  can  succeed  only  by  dint 
of.  setting  up  another  boss,  who  may  perhaps  have  a  better  per- 
sonal disposition,  but  a  boss  nevertheless. 

How  to  Get  Popular  Government 

Modern  political  science  does  not  aim  at  devising  a  form  of 
government  that  will  automatically  be  a  good  government,  for 
that  is  impossible,  but  aims  at  getting  a  form  of  government  that 
will  be  automatically  a  democracy.  The  ideal  of  modern  political 
science  for  counties  is  a  county  government  that  will  be  exactly 
what  the  public  i-oally  wants  it  to  bo;  a  govcrnmoiit  that  will  bo 

7-1 


bad  if  the  public  wants  bad  government  and  good  if  it  wants 
good  government,  with  faith  to  beheve  that  the  people  want 
good  government  provided  they  do  not  have  to  pass  through 
obstacles  requiring  paroxysm  of  effort  to  get  it. 

Consider  now  what  the  people  of  a  county  in  New  York  State 
are  up  against  it  they  seek  to  control  the  present  type  of  county 
government.  There  is  the  Board  of  Supervisors,  the  county 
clerk,  the  county  treasurer,  the  county  superintendent  of  the 
poor,  the  sheriff,  district  attorney  and  coroner  and  the  county 
court.  Sometimes  there  is  a  surrogate  and  county  comptroller 
in  addition.  Seven  county  governments  or  more ;  for  the  coroner, 
elected  by  the  people,  is  a  separate  government  all  by  himself, 
with  no  one  who  can  give  him  orders,  no  one  who  can,  except 
on  paper,  compel  him  to  do  anything.  The  sheriff  is  another 
little  county  government  all  by  himself,  and  so  is  the  county 
clerk  and  all  the  rest.  All  these  seven  governments  are,  to  be 
sure,  loosely  connected  up  to  each  other  by  the  moral  and  latent 
power  of  certain  memoranda  called  laws,  the  exact  nature  of 
which  they  oftentimes  seem  to  know  little  about,  the  real  binding 
force  of  the  county  being  often  tradition  rather  than  law. 

Can  Those  Properly  Qualified  Officials  Be  Chosen  by  Election? 

To  control  the  government  of  the  county  as  now  organized 
the  people  must  select  competent  and  right  meaning  officials  for 
all  these  offices  on  Election  Day.  The  voter  in  his  polling  place 
must  run  his  pencil  down  the  list  of  candidates  for  each  of  the 
seven  or  nine  offices  and  pick  a  well  qualified  person.  This  means 
that  he  must  know  something  about  the  qualifications  required, 
for  each  individual  office  and  the  qualifications  of  fourteen,  six- 
teen or  eighteen  candidates.  A  man  who  will  make  a  good  county 
treasurer  might  be  a  very  bad  man  to  choose  for  coroner,  and  vice 
versa.  That  is  the  theory  of  the  voter's  part  in  county  govern- 
ment, but  that  is  not  all.  After  election  the  voter  is  supposed 
to  scrutinize  the  conduct  of  each  of  this  list  of  officials  and  see 
if  each  official  maintains  a  correct  technical  standard.  For  all 
the  offices  are  technical  offices,  with  the  exception  of  the  super- 
visors. To  be  a  competent  critic  of  the  technical  ability  of  seven, 
eight  or  nine  such  varied  officers  with  such  varied  functions 
implies  an  unbelievable  amount  of  acquaintance  with  county  gov- 
ernment in  its  detailed  management  on  the  part  of  the  voter. 

But  we  are  not  through  even  now  with  the  work  which  the 

75 


county  plan  requires  of  the  voter.  Not  only  must  the  voter 
bring  his  share  of  public  opinion  to  bear  upon  the  conduct  of 
each  of  these  seven,  eight  or  nine  little  county  governments,  but 
if  one  of  these  little  governments  quarrels  with  another  little 
government  the  voter  must  take  notice  of  the  fact  and  by  intelli- 
gent public  criticism  induce  the  little  government  which  is  in 
the  wrong  to  yield  to  the  little  government  which  has  the  right 
side  of  the  dispute.  In  other  words,  the  voters  of  the  county 
must  not  only  stand  over  each  of  these  seven  little  governments 
and  make  them  obey,  but  must  make  them  agree  in  their  obedi- 
ence and  work  harmoniously  for  the  common  good.  The  people 
of  the  county  constitute  the  one  place  where  the  big  lines  of 
direct  control  are  focussed.  They  are  in  theory  the  unifying 
force  and  the  only  one. 

The  Need  for  a  Strong  Executive 

Now,  to  make  these  seven  governments  work  in  unison  is  a 
task  which  would  keep  a  strong  chief  executive  pretty  busy  some- 
times. A  committee  or  board  with  complete  power  over  these 
seven  little  governments  would  probably  not  be  nimble  enough 
for  the  task  and  would  end  by  leaving  most  of  the  details  to 
some  one  person  selected  by  them  to  give  all  his  time  to  the  task. 
A  group,  let  us  say,  of  100  persons  meeting  under  the  forms  of 
parliamentary  law,  would  be  baffled  even  more  than  a  small  com- 
mittee, and,  in  fact,  would  be  compelled  to  do  the  work  through 
committees  in  order  to  get  it  done  at  all.  A  great  mass  meeting 
of  5,000  voters  would  experience  still  greater  difficulties  in  trying 
to  handle  details.  In  fact,  it  could  do  hardly  anything  except  to 
create  a  committee  and  go  home.  The  people  of  the  county,  too 
numerous  to  meet  in  a  single  hall,  scattered,  moreover,  through- 
out the  county  over  a  considerable  distance,  having  no  single 
common  medium  of  communication,  being  not  even  subscribers 
to  the  same  newspapers,  are  many  times  clumsier  than  the  mass 
meeting.  Yet  to  the  most  clumsy  of  all  organisms,  the  elec- 
torate, you  give  the  task  of  unification  and  harmonizing,  which 
is  too  much  for  even  a  small  committee  to  accomplish  except 
with  a  suitable  instrument  in  the  shape  of  a  single  executive. 

This  thing  is  ridiculous.  The  people  simply  can't  do  it.  Our 
people  are  as  intelligent  as  any  other,  but  no  people  on  the  face 
of  the  earth  can  do  it.  We  have  given  the  people  an  unworkable 
instrument,  and  it  is  no  reflection  on  the  people  to  say  that  they 

76 


don't  rule  and  cannot  rule  under  such  circumstances.  The  prac- 
tical result  of  the  situation  is  that  ninety-nine  per  cent,  of  the 
people  give  only  an  offhand  intermittent  attention  to  county  gov- 
ernment, and  the  remaining  one  per  cent.,  who  get  into  the  heart 
of  the  matter,  become  the  real  governing  force  of  the  county 
and  are  given  the  name  of  politicians.  A  politician  is  simply  an 
expert  in  citizenship.  To  make  the  politicians  give  way  to  the 
people  at  large  the  game  of  politics  must  be  simplified.  Politics 
is  the  proper  business  of  every  citizen.  It  should  not  be  one  of 
the  learned  professions.  It  should  not  be  so  complex  as  to  be  a 
profession  at  all.  It  is  not  true  that  every  citizen  ought  to  know 
what  he  is  doing  on  Election  Day;  it  is  only  true  that  politics 
should  be  so  simple  that  every  citizen  would  know  what  he  is 
doing  on  Election  Day.  We  can't  make  the  citizen  take  more 
interest  in  a  complicated  and  uninteresting  thing  like  county 
government,  but  we  can  make  county  government  so  simple  that 
the  motive  power  of  popular  interest  will  be  sufficient  to  oper- 
ate it. 

Politics  Should  Be  Made  Simple 

So,  to  make  a  long  story  short,  the  modern  political  scientist 
demands  that  politics  shall  be  made  primitively  simple.  It  is 
easier  for  the  people  to  control  one  government  than  nine  govern- 
ments. That  is  the  theory  of  the  "unification  of  powers."  It 
is  easier  for  the  people  to  control  three  or  four  big  elective  offices 
than  eight  or  nine  little  ones.  That  is  the  theory  of  the  Short 
Ballot.  The  way  to  keep  unfit  men  out  of  public  office  is  to  re- 
frain from  electing  them.  The  way  to  refrain  from  electing 
them  is  to  elect  no  more  officials  at  one  time  than  the  citizens 
can  get  a  good  look  at.  In  a  small,  rural  county  where  every- 
body knows  every  one  else,  the  short  ballot  is  not  quite  as  im- 
portant as  in  large  cities  and  states,  but  the  unification  of  powers 
is  important  everywhere.  A  government  in  which  all  parts  are 
properly  co-ordinated  under  the  direction  of  a  single  controlling 
brain  will  be  an  easier  government  for  the  people  to  control  than 
the  loose- jointed,  ramshackle  of  mutually  independent  powers 
which  we  now  call  county  government.  Only  by  uniting  and  con- 
solidating the  powers  of  the  county  can  we  get  away  from  supine, 
jellyfish  disobedience.  Present  county  governments  are  some- 
thing like  an  automobile  with  a  separate  motor  at  every  wheel, 
each  going  its  own  gait,  pell-mell  down  the  road,  with  Mr.  Voter 


in.  the  driver's  seat  hanging  on  with  a  sickly  smile  while  he  tries 
to  control  a  dozen  levers  with  only  two  hands  and  feet. 

County  Needs  a  Head 

Now,  if  we  can  keep  away  from  the  old  fashioned  doctrinaire 
theories  which  have  made  so  much  trouble  for  this  nation  in  the 
last  hundred  years,  we  should  be  able  to  agree  that  the  county, 
like  any  other  organization,  private  or  public,  needs  a  chief  execu- 
tive with  appointive  power  over  all  other  administrative  officials. 
Not  until  all  the  officials  have  a  single  common  superior  on  the 
job  all  the  time,  with  plenty  of  authority  over  them,  can  they 
be  compelled  to  work  in  mutual  harmony.  Any  notion  that  the 
arms  and  legs  of  the  county  can  make  each  other  work  har- 
moniously by  the  threat  of  mandamus  proceedings  and  similar 
legal  resorts  to  those  printed  memoranda  called  laws,  is  thus 
discarded.  But,  of  course,  we  are  not  going  to  vest  the  govern- 
ment of  the  county  in  a  single  despot  elected  by  the  people  for  a 
fixed  term,  for  that  system  would  have  obvious  faults  of  its  own, 
inasmuch  as  the  despot  would  have  personal  faults  and  failings. 
Neither  are  we  to  consider  an  elective  executive  held  in  more  or 
less  restraint  through  the  necessity  of  obtaining  the  co-opera- 
tion of  a  board  of  supervisors  corresponding  to  the  mayor 
and  council  of  old  style  city  governments.  There  has  been  ample 
experience  to  show  that  the  attempt  to  secure  a  good  chief  execu- 
tive by  popular  election  is  a  failure.  It  always  gives  us  a  tran- 
sient amateur  who  never  really  learns  his  job,  because  he  is  not 
allowed  to  stay  on  the  job  long  enough.  It  always  results  in  the 
development,  under  such  a  shifty  chief  executive,  of  a  "System" 
among  the  permanent  subordinates,  a  'System"  which  defies  the 
control  of  these  transient  executives  and  thus  defies  the  control 
of  the  people  who  elected  that  chief  executive. 

Example  Set  by  the  Short  Ballot  Cities 

The  cities  have  been  all  through  that  phase  and  are  abandoning 
the  elective  chief  executive,  or  mayor,  and  moving  onward  to 
the  type  of  government  in  which  the  chief  executive  is  appointed 
and  held  subject  to  the  continuous  supervision  of  the  joint  mind 
of  a  board  or  commission.  Accordingly,  let  us  look  forward  to  a 
time  when  counties  will  be  governed  by  a  small  board  of  super- 
visors, a  board  small  enough  so  that  each  member  will  be  a 
really  important  officer  with  power  enough  in  the  government  to 

78 


make  it  worth  while  for  the  people  to  scrutinize  the  candidate 
carefully  and  watch  him  after  election.  A  board  of  three  or  live 
or  seven  will  be  better  than  a  board  of  twenty  or  twenty-five  or 
thirty,  because  you  must  have  considerable  power  attached  to  a 
public  office  before  it  will  attract  candidates  of  first-class  talent 
and  before  it  will  be  conspicuous  enough  to  catch  the  public  eye. 
Let  this  small  board  of  supervisors  possess  all  the  powers  now 
vested  in  all  officers  of  the  countyj  except  the. county  judge.  Put 
upon  them  the  responsibility,  for  all  of  the  work  of  the  county. 
Permit  them  to  hire  their  county  manager  from  anywhere  in  the 
United  States  and  to  pay  him  whatever  salary  they  believe  neces- 
sary in  order  to  secure  the  requisite  ability.  The  county  manager 
will  appoint,  in  turn,  and  control  all  other  county  officials  and 
employees,  subject  to  civil  service  regulations.  The  county  man- 
ager will  have  no  power  of  his  own,  no  independence  of  his 
superior.  He  is  their  executive  agent.  If  the  new  board  of 
supervisors  tells  him  to  take  money  out  of  the  treasury  and  spend 
it  for  peanuts,  he  must  spend  it  for  peanuts  or  take  a  chance 
of  losing  his  job.    The  supervisors  who  hire  him  can  also  fire  him. 

What  a  "County  Manager"  Would  Do 

The  county  manager,  naturally,  would  be  expected  to  relieve 
the  supervisors  of  all  detail,  and  if  they  found  him  trustworthy 
and  devoted  to  their  service  they  would  probably  leave  him  con- 
siderable discretion,  but  they  would  have  to  take  the  responsi- 
bility for  him  if  he  proved  to  be  foolish  or  weak  or  dishonest. 
This  new  board  of  supervisors  would  have  the  power  to  levy 
taxes  and  spend  them.  When  it  was  spending  money  it  would 
have  to  remember  that  it  must  raise  that  money  and  face  the 
public  resistance  to  taxes.  On  the  other  hand,  in  trying  to  keep 
down  taxes  it  would  have  to  remember  that  the  people  would 
criticise  it  if  it  went  too  far  and  starved  the  county  service.  It 
would  be  continually  between  two  fires;  the  demand  for  good 
service  and  the  resistance  to  taxes.  No  matter  what  goes  wrong 
the  supervisors,  under  this  scheme,  have  power  to  fix  it  and  can 
fairly  be  held  responsible  if  they  fail  to  have  it  fixed  after  it  has 
been  called  to  their  attention. 

Local  Nullification  of  State  Laws 

In  this  plan  of  government  one  fault  inherent  in  the  county 
would  still  remain.     The  supervisors  would  have  two  masters, 

79 


i.  e.,  the  people  of  the  county  and  the  state  government,  which 
is  continually  making  laws  for  them  to  enforce.  The  work  of  the 
sheriff,  district  attorney  and  the  county  judge  is  really  not  county 
work  at  all,  except  geographically.  It  is  really  state  work.  Al- 
though elected  by  the  people  of  the  county  they  are  working  for 
the  people  of  the  state.  We  had  an  interesting  instance  of  that 
recently  when  the  district  attorneys  of  all  the  various  counties 
in  New  York  State  were  up  against  the  proposition  of  prosecuting 
the  alleged  frauds  on  the  state  highways,  and  it  was  said  that 
they  could  not  be  relied  on  to  handle  that  work  because  of  the 
expense.  There  was  a  case  where  some  of  the  counties  flatly 
declined  to  burden  themselves  with  their  responsibilities  to  the 
state  at  large,  and  there  was  no  effective  way  of  making  the 
counties  obey  those  printed  memoranda  called  laws,  which  I  have 
previously  referred  to.  The  local  nullification  of  laws  through 
the  failure  or  hostility  of  the  counties  is  a  common  phenomenon 
in  America,  and  to  that  is  due  much  of  our  disrespect  for  the 
written  law.  To  that  is  due  much  of  the  careless  passing  of  un- 
popular laws  at  Albany,  where  the  Assemblyman  cheerfully  ex- 
plains: "Well,  it  won't  be  enforced."  The  Governor  by  his 
approval  helps  to  make  the  law,  and  it  is  made  his  duty  to  see 
that  the  laws  are  enforced.  Yet  the  judges,  district  attorneys 
and  sheriffs,  who  are  nominally  his  agents,  are  put  where  they 
can  laugh  at  him  and  the  Governor  is  helpless,  unless  the  situa- 
tion gets  so  bad  that  he  feels  justified  in  utilizing  the  rarely  used 
whip  which  the  constitution  gives  him  in  the  power  of  remov'al 
of  such  officers.  In  actual  practice,  as  we  know,  the  Governor 
rarely  exercises  any  influence  on  these  nominal  agents  of  his, 
and  they  go  their  own  sweet  way. 

In  the  National  Government  we  see  on  a  vastly  larger  scale 
the  correct  method  of  handling  these  functions.  The  President 
appoints  the  judges  in  all  the  districts  and  he  appoints  the  At- 
torney-General, under  whose  direction  are  all  the  district  attor- 
neys and  all  the  federal  marshals  and  federal  prisons.  That  is 
the  obvious,  logical  plan.  New  Jersey  has  part  of  it  in  operation, 
inasmuch  as  the  Governor  appoints  the  judges  and  district  at- 
torneys, and  while  the  sheritts  are  elective  the  Governor  has  an 
emergency  power  to  do  their  work  by  other  methods  if  he  cannot 
secure  co-operation  from  the  sheriff.  I  cheerfully  concede  that 
to  give  the  Governor  of  New  York  the  right  to  appoint  county 
judges  and  to  give  to  an  appointive  attorney-general  the  control 

80 


of  a  state-wide  department  of  justice  has  a  strange  and  novel 
sound,  and  the  people  of  this  state  would  have  to  get  used  to  the 
sound  of  the  thing  before  we  could  hope  to  organize  on  these 
lines.  Until  that  time  comes  when  the  state  will  enforce  the 
laws  it  makes  and  pay  the  bills  we  must  be  content  with  a  county 
commission  or  board  of  supervisors  which  will  undertake  to  serve 
the  two  masters  with  as  much  justice  as  it  can. 

One  County  Government;  Not  Several 

Give  to  the  people  a  single  county  government  instead  of  seven, 
with  a  short  ballot  instead  of  a  long  one,  with  a  few  conspicuous 
elective  officials  instead  of  a  lot  of  obscure  ones — a  government 
that  has  power  to  get  results  and  can  thus  be  held  responsible 
if  it  fails  to  get  results — and  you  will  see  the  same  marvelous 
revival  of  public  attention  that  has  been  seen  in  every  city  that 
has  adopted  commission  governments.  You  will  see  the  citizens 
of  the  county  really  knowing  something  about  their  county  gov- 
ernment, and  you  will  see  them  discussing  their  public  servants 
with  intelligence.  Then  you  will  get  in  the  county  whatever 
kind  of  government  the  people  of  that  county  want.  I  don't 
say  it  will  be  good  government.  I  don't  say  that  it  will  be  better 
than  the  present  county  government,  but  I  think  it  will  be  a 
great  deal  better,  just  as  the  commission  governed  cities  have 
almost  all  shown  instant  and  marked  improvement.  Give  a  man 
a  good  automobile  and  you  cannot  guarantee  where  he  will  go 
in  it.  You  can  only  guarantee  that  a  good  automobile  will  take 
him  wherever  he  wants  to  go  more  surely  than  a  loose- jointed, 
ramshackle  automobile  will. 

But  the  most  happy  result  to  be  obtained  by  the  county  man- 
ager plan  is  the  wiping  out  of  the  rank  injustice  inherent  in  the 
present  mechanism,  where  officials  are  damned  for  things  they 
did  not  do  and  praised  for  things  which  they  could  not  help; 
where  good  work  goes  unnoticed  and  bad  work,  too;  where  of- 
ficials are  blamed  for  things  they  could  not  help  because  the 
vital  co-operation  of  some  other  county  officer  was  lacking.  There 
will  be  no  more  sheriffs  who  deplore  the  condition  of  their  jails 
and  cannot  get  money  to  make  them  right,  and  no  more  boards 
of  supervisors  who  give  the  sheriff  money  enough,  but  can't 
make  him  spend  it  judiciously.  When  the  lines  of  responsibility 
are  clear  and  straight  and  simple,  we  will  find  our  county  gov- 

81 


ernments  in  a  new  and  brighter  atmosphere,  lighted  up  by  the 
healthy  scrutiny  of  the  whole  people. 

Chairman:    "Any  questions?" 

Mr.  Smith:  "I  would  like  to  make  a  suggestion,  perhaps  to 
the  Committee  on  Resolutions.  I  don't  know  how  many  county 
officers  there  are  here  this  morning,  but  my  impression  is  that 
they  evidently  feel  their  return  to  office  does  not  depend  on  this 
meeting.  The  program  is  for  better  county  government.  I  think 
while  we  gain  information  by  observation  and  experience,  my 
observations  lead  me  to  believe  that  conditions  such  as  have 
been  explained  in  the  various  papers  existed  in  our  counties  and 
towns  for  a  year  and  a  half.  I  have  had  experience  and  I  find 
such  is  the  case.  I  would  like  the  committee  to  take  into  con- 
sideration the  manner  of  getting  these  papers  into  the  hands  of 
various  county  officials.  I  think  they  should  be  printed  in 
pamphlet  form  and  distributed.  In  Westchester  Colihty  the 
Board  of  Supervisors  passed  a  resolution  authorizing  three  mem- 
bers of  the  board,  the  county  comptroller,  county  attorney  and 
clerk  of  the  board  to  attend  this  meeting,  showing  their  interest. 
They  felt,  however,  that  most  of  it  would  be  in  the  form  of 
papers  which  could  be  read  and  as  much  gained  from  them  as 
listening  to  them,  and  so  I  am  requested  to  see  that  they  get 
these  papers  put  into  their  hands,  thus  getting  them  by  a  two- 
cent  stamp  rather  than  paying  the  expense.  I  hope  this  com- 
mittee may  arrange  some  method  by  which  it  will  get  the  pro- 
ceedings published." 

THIRD  SESSION 
Saturday  Afternoon,  November  1"4,  1914 

This  session  was  devoted  principally  to  the  transaction  of 
business,  which  included  the  action  on  the  various  resolutions 
recited  in  the  introduction  to  this  pamphlet.  The  following  ad- 
dress was  then  delivered: 

ADDRESS 
Schenectady's  City-County  Plan 

By  BENEDICT  HATMAKER,   Editor,   The   Schenectady   "Union-Star" 

Eighty-six  out  of  every  100  people  in  Schenectady  County  re- 
side in  the  city. 

Ninety  out  of  every  100  reside  in  the  city  and  Scotia,  a  resi- 
dential village  across  the  river. 


On  the  borders  of  city  and  village  reside  upwards  of  4,000  more 
people,  so  that  within  a  radius  of  three  miles  from  our  City  Hall 
reside  94  out  of  every  100. 

There  are  five  townships  in  the  county.  Three  of  them  border 
the  city,  and  the  interests  in  these  residents  are  closely  allied 
with  the  city.  Many  of  these  are  city  people  who  prefer  country 
homes.  Others  are  workmen  who  appreciate  the  advantages  of 
rural  life.  Others  are  farmers  who  sell  most  of  their  product  at 
our  market  place.  They  grow  their  produce  for  us.  They  get 
electric  light  and  power  from  the  city  and  their  names  are  in 
the  local  telephone  directory. 

Therefore,  practically  these  three  border  towns — Niskayuna, 
Rotterdam  and  Glenvi lie— belong  to  the  city,  and  with  the  popu- 
lation already  named  make  more  than  97  out  of  each  100  people 
in  the  whole  county. 

If  the  city  should  annex  these  three  tovms  it  would  still  be  as 
densely  populated  as  Duluth  and  have  approximately  as  many 
people  to  each  acre  as  Des  Moines,  Springfield,  Tacoma  and  Salt 
Lake  City. 

Of  the  two  towns  outside,  Duanesburg  and  Princetown,  the 
former  has  a  population  of  2,211  and  the  latter  684.  Each  town 
had  less  in  1910  than  in  1900,  and  each  had  less  in  1900  than 
in  1890.  One  of  our  city  wards,  Mont  Pleasant,  has  twenty-five 
times  the  population  of  Princetown,  and  no  more  voice  in  the 
government  of  the  county  than  that  town.  This  is  not  an  inten- 
tional fault.    It  is  just  a  development. 

The  fact  that  we  maintain  a  county  government  for  the  benefit 
of  about  three  per  cent,  of  our  county  population  costs  us  fully 
$30,000  in  salaries  to  county  officials  and  probably  as  much  more 
in  duplications  of  expenses.  We  are  handing  county  officials  at 
least  $10  for  each  resident  of  these  two  rural  towns,  which  is 
required  by  law  under  the  present  system,  but  quite  needless. 

Our  Board  of  Supervisors  has  recognized  this  waste,  and  some 
time  ago  appointed  a  committee  to  look  into  the  advisability  of 
governing  the  county  by  a  commission. 

They  had  not  proceeded  far  when  they  discovered  that  para- 
graph 26  of  Article  III  of  the  Constitution  of  the  State  of  New- 
York  made  a  Board  of  Supervisors  in  the  present  form  a  legal 
necessity. 

The  same  paragraph,  however,  has  in  it  these  words:  "Except 
in  a  county  wholly  included  in  the  city." 

83 


The  whole  paragraph  reads  as  follows : 

"Board  of  supervisors. — 26.  There  shall  be  in  each  county,  except 
in  a  county  wholly  included  in  a  city,  a  board  of  supervisors,  to  be  com- 
posed of  such  members  and  elected  in  such  manner  and  for  such  periods 
as  is  or  may  be  provided  by  law.  In  a  city  which  includes  an  entire  county, 
or  two  or  more  entire  counties,  the  powers  and  duties  of  a  board  of  super- 
visors may  be  devolved  upon  the  municipal  assembly,  common  council,  board 
of  aldermen  or  other  legislative  body  of  the  city." 

It  is  this  section  in  the  Constitution  of  the  State  of  New  York 
that  has  started  the  discussion  here  of  the  advisability  of  having 
the  entire  county  annexed  to  the  city  with,  of  course,  tax  zones, 
which  would  make  the  matter  of  taxation  wholly  equitable.  The 
tax  zones  would  probably  be  the  present  city  of  Schenectady,  with 
such  immediate  environment  as  should  be  included  therein,  as 
Zone  "A."  The  village  of  Scotia  with  such  environment  as  should 
be  included  therein,  as  Zone  "B,"  and  the  rest  of  the  county  as 
Zone  "C."  The  taxes  in  these  zones  would  be  essentially  the 
same  as  they  are  now,  less  the  pro  rata  amount  which  would 
be  actually  saved  by  the  consolidation,  and  more  justly  equalized 
than  now. 

There  is  a  well-directed  sentiment  here  for  a  commission  form 
of  government  to  supercede  the  present  dual  system  and  a  com- 
mittee is  now  working  on  a  proposed  charter  having  this  as  its 
objective. 

Schenectady  is  the  smallest  county,  geographically,  this  side  of 
Rockland,  and  the  percentage  of  urban  population  is  larger  than 
in  any  other  "up-state"  county.  A  few  other  counties  have  about 
three-fourths  of  their  population  residing  in  a  central  city,  name- 
ly: Erie,  Monroe,  Onondaga  and  Chemung.  But  none  of  these 
are  so  clearly  in  need  of  consolidation.  We  therefore  feel  especial 
gratification  that  this  conference  has  come  here  for  its  initial 
meeting.  We  shall  derive  great  profit  from  its  deliberations  and 
from  the  plans  to  be  set  in  motion  for  relief  from  the  present 
constitutional  requirements. 

[Adjournment.] 


84 


Resolution — Constitutional  Amendments 

WHEREAS  the  present  basic  form  of  county  government,  im- 
posed uniformly  on  all  the  counties  of  the  State  regardless  of 
their  great  differences,  is  exceedingly  and  needlessly  complex, 
disjointed  and  wasteful;  and 

WHEREAS  this  complexity  and  disunion  cannot  now  be  re- 
paired by  legislation  on  account  of  the  requirements  of  Sections 
1  and  2  of  Article  X  of  the  present  State  Constitution,  that  all 
the  principal  county  offices  shall  be  separately  elective  and  main- 
tained in  isolation; 

THEREFORE,  be  it  resolved  that  in  the  opinion  of  this  Con- 
ference the  interests  of  better  county  government  require  the 
removal  of  the  aforesaid  obstacles  to  unification  and  simplifica- 
tion contained  in  Sections  1  and  2  of  Article  X  of  the  Constitution 
to  the  end  that  the  Legislature  may  be  free  to  devise  improved 
forms  of  county  government,  suited  to  urban  and  rural  counties 
respectively  and  otherwise  adjusted  to  varying  local  conditions, 
any  one  of  which  forms  any  county  may  adopt  by  referendum ; 

AND  BE  IT  FURTHER  RESOLVED  that  a  Committee  be  ap- 
pointed to  press  for  the  adoption  of  this  principle  by  the  Consti- 
tutional Convention. 

Resolution — State- Wide  Permanent  Organization 

WHEREAS,  in  the  opinion  of  this  Conference,  the  existing 
form  of  Government  is  not  suited  to  present  day  conditions  and 
should  be  radically  changed ;  and 

WHEREAS,  in  order  to  bring  this  matter  to  the  attention  of 
the  people  of  the  State  and  secure  widespread  discussion,  some 
permanent  state-wide  organization  is  necessary. 

THEREFORE,  be  it  resolved  that  a  committee  be  appointed 
to  prepare  a  constitution  and  by-laws  for  a  permanent  organiza- 
tion, to  be  presented  at  the  next  conference,  to  select  the  time  and 
place  of  such  conference  and  to  extend  invitations  thereto 
throughout  the  state  to  those  interested  in  this  project,  in  order 
that  every  county  may  be  represented. 

As  an  immediate  step  to  the  accomplishment  of  these  objects, 
the  Conference  passed  a  further  resolution. 

Resolution — Distribution  of  Papers  Read  at  This  Conference 

WHEREAS,  the  various  papers  read  at  this  Conference  contain 
information  of  value  to  those  interested  in  improving  conditions 
of  county  government. 

85 


THEREFORE,  be  it  resolved  that  the  Committee  on  perma- 
nent organization  be  hereby  authorized  to  have  these  papers 
printed  and  distributed  to  all  county  officials  and  others  through- 
out the  state  and  elsewhere,  and  that  they  be  also  empowered  to 
obtain  funds  to  defray  the  expenses  in  connection  therewith. 

The  Conference,  in  view  of  the  gracious  hospitality  of  its  hosts. 
voted  unanimously  on  the  resolution  which  follows: 

Resolution  of  Thanks 

RESOLVED,  that  this  conference  gratefully  acknowledge  the 
great  courtesies  extended  to  it  by  Union  College  and  its  officers, 
and  that  the  Secretary  be  instructed  to  send  to  the  President,  Dr. 
Richmond,  a  copy  of  this  resolution. 


This  pamphlet  containing  the  entire  proceedings  of  the  Con- 
ference is  put  forward  in  the  hope  of  interesting  many  New 
Yorkers  in  a  sorely  neglected  field  of  politics  and  government. 
The  undersigned  would  be  grateful  for  evidences  of  interest  on 
the  part  of  any  individuals  or  organizations  throughout  the  state. 

Very  truly  yours, 

WM.   M.  BALDWIN,  Nassau  County,  N.  Y. 
A.  H.  BROWN,  East  View,  N.  Y. 
H.  S.  GILBERTSON,  381  Fourth  Ave.,  N.  Y.  C. 
OTHO  G.  CARTWRIGHT,  15  Court  St., 

White  Plains.  N.  Y.,  Secretary. 


c 


PROCEEDINGS 


OF  THE 


Conference  for  the  Study  and 

Reform  of  County 

Government 


FIRST  MEETING.  DECEMBER  8,  1913 

AT    THE    CITY    CLUB 

NEW  YORK  CITY 


THE  NEW  YORK  SHORT  BALLOT  ORGANIZATION 

383  Fourth  Avenue,  New  York  City 


PROCEEDINGS 

OF  THE 

Conference  for  the  Study  and  Reform 
of  County  Government 


FIRST  MEETING  DECEMBER  8,  1913,  AT  THE  CITY  CLUB 

NEW  YORK  CITY 


PRESENT  STATUS  OF  COUNTY  REFORM 

By  RICHARD   S.  CHILDS 

County  government,  in  general,  is  a  perfectly  dead  subject. 
It  is  an  actual  fact  that  there  never  has  been  a  book  written  on 
it.  The  nearest  thing  to  it,  perhaps,  is  one  by  Fairlie,  on  "Local 
Government  in  Counties,  Towns  and  Villages,"  and  it  simply  is  a 
description  of  the  organization  of  all  the  counties.  Then  there 
is  a  volume  of  the  Annals  of  the  American  Academy  of  Political 
and  Social  Science  on  County  Government,  published  a  few 
months  ago,  containing  a  long  series  of  papers  prepared  by 
people  from  all  over  the  United  States,  dealing  with  the  existing 
methods  of  county  government,  and  that,  after  all,  is  also  mostly 
photographic,  and  without  much  attempt  in  it  at  anything  critical 
or  constructive.  ^There  is  nobody  that  I  know  of  who  has  any 
theory  as  to  how  a  county  ought  to  be  organized.' 

The  recent  reform  legislature  in  California,  not  knowing 
any  better  than  we  know  what  it  wanted  to  do  with  the  county, 
proceeded  to  throw  the  whole  question  open  by  giving  the  county 
the  right  to  draft  their  own  charters.  California  cities  have  long 
had  the  right  to  draft  and  adopt  their  own  charters,  subject  to  a 
merely  formal  approval  by  the  State  authorities,  and  so  it  was 
quite  logical  to  give  the  right  to  the  counties  to  draft  county 
charters,  and  abandon  working  under  the  operation  of  State  laws. 
Two  counties  have  taken  advantage  of  that  law,  Los  Angeles 
County  and  San  Bernardino  County.  We  have  a  little  pamphlet 
which  has  been  out  for  a  year  or  so,  called  the  "First  Short  Ballot 


County."  That  is  Los  Angeles  County,  and  there  they  reduced 
the  number  of  elective  offices  from  fifteen  down  to  six,  and  sim- 
plified the  county  considerably,  electing  simply  a  Board  of  Super- 
visors and  a  Sheriff  and  District  Attorney,  and  I  think  one  or 
two  others,  an  Auditor,  and  one  or  two  other  officers,  a  very 
drastic  simplification  of  the  county  government,  and  a  shortening 
of  the  ballot. 

In  San  Bernardino  County  they  adopted  a  still  simpler  char- 
ter, vesting  all  the  power  in  a  board  of  five  men  elected  at  large, 
one  at  a  time,  for  a  five-year  term,  and  those  five  appoint  every- 
body else  in  the  county  government.  There  is  nobody  else  elected 
at  all  except  the  County  Judge.  San  Bernardino  County,  by  the 
way,  is  bigger  than  New  Jersey.  It  is  the  biggest  county  in  the 
United  States. 

The  short  ballot  movement  is  the  first  political  reform  with 
a  program  that  seriously  involves  county  government.  Other 
reforms  have  dealt  a  good  deal  with  city  and  State  government, 
and  various  phases  of  electoral  reform.  But  we  ran  smack  into 
the  fact  that  the  county  was  the  worst  of  the  long  ballot  gov- 
ernments we  have;  that  it  was  very  badly  organized — organized 
for  inefficiency ;  and  it  was  up  to  us  to  tackle  the  question  of  how 
to  reform  it.  From  time  to  time  we  nave  studied  the  subject, 
and  tried  to  gather  information  about  it,  and  tried  to  find  out 
whether  there  was  anybody  that  did  know  anything  about  county 
government  from  our  viewpoint,  and  we  came  to  the  conclusion 
after  a  while  that  although  we  knew  nothing,  we  knew  as  much 
as  anybody  else,  and  accordingly  we  have  very  cheerfully  under- 
taken this  Conference  for  the  Study  and  Reform  of  County 
Government. 

The  Indictment  Against  the  County  as  a  Democratic  Institution 

James  Bryce  said  that  municipal  government  was  America's 
conspicuous  failure.  He  might  have  added  that  the  county  is 
America's  t?iconspicuous  failure.  Its  failure  is  all  the  worse  by 
reason  of  its  obscurity,  for  the  county  operates  on  a  smaller 
scale  and  with  a  smaller  budget. 

It  is  easy  enough  to  demonstrate  that  county  government  is 
miserably  inefficient  and  corrupt.  The  most  superficial  investi- 
gation is  adequate  to  disclose  myriad  ancient  abuses.  In  Broome 
County  a  man  named  Back  was  recently  discovered  to  have  the 
whole  county  government  in  his  pocket.     Westchester  County  is 

2 


trying  to  recover  $66,000  illegally  collected  by  its  county  clerks. 
The  princely  income  of  the  sheriff  of  New  York  County  comes  to 
mind  as  an  instance  of  inefficiency  here.  County  clerks  and 
registers  collect  their  fees  for  recording  and  filing  various  papers 
which  are  neither  recorded  nor  filed,  the  work  being  frequently 
years  behind.  In  one  county  the  supervisors  were  with  great  diffi- 
culty prevented  from  spending  $60,000  in  advertising  for  sale 
land  which  had  been  taken  for  taxes,  the  total  value  of  which  was 
an  insignificant  fraction  of  the  advertising  appropriation. 

It  is  significant  that  in  the  whole  United  States  there  cannot 
be  discovered  a  single  county  which  claims  to  be  model,  or  to  set 
any  standards  worth  copying.  There  is  not  even  an  orthodox 
idealism  for  county  government. 

All  the  foregoing  has  nothing  to  do  with  my  subject!  The 
object  of  this  conference  and  of  my  paper  is  not  to  bring  about 
cheaper  or  more  scientific  administration  in  counties,  so  much  as 
to  bring  the  counties  under  popular  control,  with  faith  to  believe 
that  a  county  organization  which  is  acutely  sensitive  to  public 
opinion  will  be  more  economical  and  scientific  in  administration. 
In  other  words,  we  are  after  democratic  government  first,  and 
good  government  second.  Possibly  there  are  counties  where  a 
majority  of  the  people  revel  in  the  corruption  of  the  county  and 
prefer  to  have  it  corrupt.  If  so,  we  will  have  attained  our  object 
if  we  leave  them  to  enjoy  the  result  of  their  low  standards.  At 
any  rate  we  must  take  the  risk,  for  we  can  devise  no  scheme  of 
government  which  will  automatically  give  good  government,  but 
we  can  devise  a  plan  that  will  automatically  and  always  be  demo- 
cratic government. 

Organized  for  Inefficiency 

County  government  is  ideally  organized  to  resist  public  opin- 
ion. It  is  able  to  defy  control  by  the  people  very  much  as  a  jelly 
fish  will  defy  you  if  you  tell  it  to  run  along  the  beach.  It  resists 
control  by  its  simple  incapacity  for  effective  obedience.  The 
county  is  an  illustration  of  all  the  favorite  American  faults  of 
governmental  design  raised  to  the  nth  power.  It  exhibits  at  its 
worst  every  one  of  the  fallacies  cherished  by  our  grandfathers  and 
the  Jacksonian  Democrats.  For  example,  it  carries  the  discon- 
nection of  powers  to  its  logical  extreme  and  makes  each  officer  in- 
dependent of  the  others  and  a  law  unto  himself  except  in  so  far  as 
he  may  be  restrained  from  excesses  by  the  fear  of  prosecution  by 
the  district  attorney  or  the  Governor  for  transgressing  a  tangled 

3 


hedge  of  legislation.  The  board  of  county  supervisors  must  raise 
money  to  pay  the  bills  of  numerous  officers  whose  work  is  laid 
out  by  the  State  and  whose  conduct  they  cannot  control.  The 
district  attorney  must  work  hand  in  glove  with  a  sheriff  who  has 
considerable  latitude  as  to  maintaining  an  entente  cordiale  \\'ith 
him.  The  State,  after  making  laws,  must  leave  them  to  the 
tender  mercies  of  insubordinate  agents  who  are  free  to  exercise 
a  pocket  veto  by  silent  non-enforcement  if  they  do  not  like  the 
laws  or  think  that  enforcement  will  be  unpopular  in  their  neigh- 
borhood. The  clerk  who  serves  the  judges  may  embarrass  and 
annoy  his  superiors  by  lax  service  and  yet  feel  secure  in  his 
office.  The  district  attorney  may  let  his  cases  drag  while  he  goes 
fishing  and  the  supervisors  must  helplessly  pay  the  bills  for  the 
waiting  prisoners  in  the  jail  till  he  finds  it  convenient  to  come 
back. 

There  is  nothing  in  the  county  to  enforce  harmony  and  co- 
operation between  its  various  officers  except  a  chaotic  mass  of 
printed  memoranda,  called  laws,  passed  and  amended  decades  ago 
and  quite  too  numerous  to  be  read. 

Not  until  all  this  is  changed  can  reforms  of  administrative 
method  be  installed  with  hope  that  they  will  endure.  Imagine 
administrative  reform  introduced  without  a  basic  reconstniction. 
Let  us  suppose  that  the  State  Comptroller  in  the  course  of  his 
excellent  work  in  administering  the  uniform  accounting  law,  es- 
tablishes the  fact  that  the  County  Register  of  Broome  County 
does  twice  as  much  work  for  a  dollar  as  the  Register  of  Putnam 
County?  Will  one  register  forthwith  get  great  credit  and  the 
other  discredit  with  his  constitutents?  Will  the  people  attend 
mass  meetings  about  it?  Will  the  discovery  even  be  considered 
an  item  of  importance  in  the  local  news  of  the  day?  Alas,  no. 
The  register  is  a  little  obscure  officer  located  somewhere  down  on 
the  tail  of  the  ticket.  If  the  printer  of  the  ballots  should  forget 
him,  few  voters  if  left  to  themselves  would  notice  the  error.  The 
good  Register  of  Broome  County  would  fail  of  renomination  be- 
cause it  is  the  turn  of  another  township  to  have  an  office  and  any- 
way somebody  is  needed  on  the  ticket  who  is  strong  with  the 
Knights  of  St.  Christopher.  The  costly  Register  of  Putnam 
would  get  his  renomination  because  his  good  hard  work  for  the 
party  gives  him  a  right  to  repayment  out  of  the  county  treasury 
and  he  never  has  had  a  really  good  office  as  yet.  And  both  of- 
ficials, their  merits  and  their  crimes,  would  be  lost  in  the  shuffie 


at  election  because  the  Sheriff  is  claiming  that  he  saved  money 
and  the  County  Clerk  is  explaining  his  reforms  and  the  Super- 
visors are  telling  how  honest  they've  been  and  the  Coroner  wants 
people  to  listen  to  him — with  the  net  result  that  the  people  listen 
to  none  of  them  and  they  stop  talking  and  95  per  cent,  of  the 
people  never  think  about  the  unit  cost  of  the  Register's  work  and 
wouldn't  have  much  faith  in  the  yarn  if  they  did !  So  on  election 
day  the  straight  Republican  ticket  is  elected  by  a  big  vote,  mean- 
ing that  some  group  of  politicians  have  been  installed  upon  the 
thrones  of  the  county's  invisible  government.  And  how  can  you 
build  enduring,  administrative  reform  on  that? 

Let  me  repeat:  All  this  state  of  affairs  is  a  grievance,  not 
merely  because  it  results  in  antiquated  or  clumsy  administrative 
methods,  inefficiency  and  corruption,  but  because  it  baffles  all 
attempts  at  control  by  the  people. 

An  Ambush  for  Petty  Politicians 

Consequently  the  county  is  the  safe  ambush  of  the  petty 
politician ;  his  everlasting  and  undisturbed  base  of  supplies.  Mask- 
ing this  covert  is  a  venal  county  press,  depending  for  its  exist- 
ence on  political  advertising.  Reform  movements  may  come  and 
go  in  cities  and  in  States,  but  the  fat  county  jobs  go  to  the  poli- 
tician right  along.  From  this  citadel,  bossism  issues  to  said  city 
and  State  governments.  The  construction  work  of  this  confer- 
ence must,  in  my  opinion,  endeavor  to  create  in  our  counties,  a 
form  of  government  which  will  be  as  responsive  to  public  opinion 
as  are  the  governments  of  those  cities  which  will  be  as  responsive 
to  public  opinion  as  are  the  governments  of  those  cities  which 
have  adopted  the  commission  form  of  government.  To  this  end 
we  must  secure  some  of  the  merits  of  the  commission  form 
of  government,  the  two  most  vital  of  which  are  the  Short  Ballot 
and  the  "unification  of  powers." 

The  former  needs  no  defense  here. 

The  ''unification  of  powers"  means  that  all  the  powers  of  the 
county  must  be  made  subject  to  a  single  controlling  head — not 
necessarily  or  preferably  a  single  man,  but  a  single  group  of  men 
who  work  as  a  group.  We  must  take  the  arms  and  legs  of  the 
county  which  now  are  kicking  around  independently  and  attach 
them  to  the  trunk  and  connect  them  by  ah  appropriate  nervous 
system  to  a  single  responsible  brain.  Then,  and  not  till  then,  will 
we  have  a  county  government  that  can  be  trained  and  disciplined 
and  made  an  orderly,  obedient  public  servant. 

5 


WHAT  WE  HAVE  UNEARTHED  IN  WESTCHESTER 

By  MR.  ORTHO  G.  CARTWRIGHT, 
of  the  Westchester  County   Research  Bureau 

The  spirit  of  our  organization  has  been  not  to  prefer  charges, 
not  to  do  detective  work,  or  district  attorney  work  or  grand  jury 
work,  but  to  investigate  with  the  specific  purpose  of  locating 
waste  and  extravagance  and  mismanagement,  and  to  make  report 
first  to  the  head  of  the  proper  department.  If  this  official  would 
not  act  we  would  proceed  further  in  the  matter  with  whatever 
steps  might  be  necessary  to  remedy  the  faults  revealed.  Our 
spirit  was  that  of  co-operation. 

We  recognized  three  channels  of  betterment:  First,  by  of- 
ficial action  within  the  law,  by  representing  to  a  man  who  was 
responsible,  where  he  might  improve,  having  first  found  out  for 
ourselves.  In  many  cases,  our  suggestions,  as  we  made  them, 
were  adopted,  and  we  did  not  have  to  go  any  further. 

Secondly,  if  improvement  were  found  to  be  impossible  with 
laws  as  they  existed,  the  next  thing  was  statutory  changes  within 
the  constitution.  This  was  a  little  more  difficult,  but  we  secured 
some  important  reforms  of  this  nature. 

Beyond  that,  of  course,  we  could  not  go  without  change  in 
the  fundamental  law,  the  Constitution,  which  is  a  very  difficult 
matter,  and  not  to  be  undertaken  without  very  mature  consider- 
ation and  being  very  certain  of  the  fact  that  the  changes  sug- 
gested, in  all  their  ramifications,  would  not  work  injury. 

I  am  somewhat  surprised,  when  I  think  of  the  conditions, 
that  we  have  any  good  administration  at  all.  I  think  it  is  a  F»- 
markable  credit  to  Yankee  ingenuity  and  to  Yankee  native 
ability  that  we  do  get  any  good  government;  because  we  elect 
men  to  office  without  their  having  any  previous  preparation  at 
all.  They  go  from  any  walk  of  life,  just  because  they  are  good 
fellows,  or  popular  men,  or  have  strong  influence,  or  else  are  good 
party  "heelers."  As  you  all  know,  it  takes  them  their  whole 
term  of  office  to  learn  their  work.  When  they  get  a  fairly  good 
knowledge  of  how  the  thing  ought  to  be  done,  out  they  go  and 
somebody  else  comes  along  to  be  taught  the  whole  thing  over 
again.  Public  offices  appear  to  be  continuous  training  schools 
in  which  the  subordinates  train  the  principals,  and  for  no  other 
purpose  than  to  graduate  them  into  some  other  field  of  action, 
where  their  training  will  be  of  no  use  to  them. 

6 


Now,  most  of  us  go  into  office  with  no  previous  preparation, 
but  sustained  by  the  confidence  and  the  hope  that  we  can  travel 
just  the  same  way  as  the  fellow  before  us  did.  Instead  of  learn- 
ing the  law,  and  inquiring  just  how  an  office  ought  to  be  con- 
ducted, the  majority  say,  "How  did  John  Doe,  and  Richard  Roe, 
do  this  before  me  ?  What  did  he  do  in  a  case  of  this  kind  ?"  They 
ask  the  deputies  who  have  been  there  through  several  adminis- 
trations under  civil  service,  and  who  have  conducted  the  office 
and  told  their  previous  chiefs  how  to  do  it,  and  they  manage  to 
get  through.  They  go  through  on  that  sort  of  a  bluff;  so  I  say 
it  is  a  great  tribute  to  American  character  that  we  have  any  kind 
of  good  government  under  those  circumstances. 

We  found  the  following  conditions  generally  prevalent  in 
Westchester  County: 

The  County  Situation  Summarized 

Vy  Complex  and  confusing  masses  of  legislation  affecting  the 
different  communities  in  varying  degrees. 

Inadequate,  unsatisfactory,  and  wasteful  taxation  systems. 
We  found  212  paid  tax  officials  performing  the  work  of  ten.  Ten 
expert  men  for  salaries  of  from  five  thousand  down  to  fifteen 
hundred  a  year  would  have  performed  that  work  much  more  ef- 
ficiently and  gotten  the  taxes  collected  with  a  very  much  smaller 
residuum  of  arrears  to  be  collected  by  sale  than  these  212,  who 
didn't  know  very  much  about  it  except  how  the  other  fellow  had 
done  it  before  them. 

Inadequate  and  antiquated  systems  of  accounting  for  public 
funds. 

Violations,  evasions,  misrepresentations,  and  neglect  of  the 
laws,  by  public  officials — many  of  such  irregularities  uninten- 
tional, because  the  men  did  not  know  they  were  violating  the  law. 

Unnecessary  sickness  and  needless  deaths  from  preventable 
disease,  due  to  inadequate  sanitary  inspection  and  control. 

Waste  and  extravagance  in  many  administrative  depart- 
ments. 

Capable  officials  compelled  to  depart  from  or  very  freely  in- 
terpret the  law,  or  even  to  obtain  special  legislation  to  enable 
them  to  achieve  efficient  and  economical  service.  I  think  there 
are  over  a  thousand  special  laws  that  have  been  passed  for  West- 
chester County.- 

7 


Our  Method  of  Approach. 

In  undertaking  to  present  the  situation  to  the  pubhc  we  con- 
structed a  chart  outlining  the  general  organization  of  the  county 
offices  like  the  one  graphically  presented  on  the  table  before  us, 
before  we  tackled  any  special  problem.  Then  we  made  a  graphic 
chart  of  each  department  and  its  ramifications,  and  its  employees, 
and  an  analytical  digest  of  the  laws  governing  that  department, 
and  we  had  those  printed  and  hung  around  the  walls  of  our  office. 
A  good  many  people  came  in  there  to  get  an  idea  of  what  the 
county  government  was. 

Some  of  the  officials  in  the  county  came  over  to  learn  things 
about  the  county  that  they  were  governing.  They  had  not  taken 
the  trouble  to  work  it  out  for  themselves. 

Then  we  began  to  check  up  actual  administration,  actual  con- 
duct of  office  with  the  statutory  prescriptions.  In  that  process  of 
comparing  one  with  the  other,  we  found  the  widest  divergence. 
We  found  the  most  wretched  condition  of  public  records.  If  any 
of  you  ever  have  occasion  to  investigate  a  township  office,  to  get 
at  records  as  remote,  as  far  back  into  the  buried  past  as  two  years 
or  three  years,  you  have  joy  awaiting  you. 

Ten  miles  north  of  New  York  line,  and  you  will  find  county 
offices.  Twenty  miles  north  you  will  find  the  most  bucolic  condi- 
tions of  country  offices,  where  the  town  official  who  has  charge  of 
the  records,  the  town  clerk,  will  have  them  stowed  in  boxes  under 
his'  bed,  and  in  barrels,  and  some  in  bundles  on  the  shelf  over  the 
woodpile  in  the  woodshed.    Some  of  them  aren't  there  at  all. 

In  one  town  up  in  the  northeastern  part,  the  clerk  had  a  gap 
of  six  years  in  his  record  where  he  could  not  find  a  single  thing, 
not  a  note  regarding  the  collection  of  taxes,  and  the  cost  of  col- 
lection. One  town  clerk  I  found  conducted  a  general  country 
store.  I  asked  him  for  the  records,  and  he  wanted  to  know  if  he 
had  to  show  them.  I  said,  "Yes,  they  are  public  records."  He 
said,  "If  I  have  to,  I  will  go  with  you,"  and  he  put  somebody 
else  in  charge  of  his  store,  and  we  went  over  to  his  house.  He 
explained  on  the  way  that  there  might  be  some  missing.  I  asked 
why,  and  he  said,  "Judge  So-and-So,"  meaning  a  Justice  of  the 
Peace,  "and  I  got  together  on  this  matter  when  1  came  into  office. 
I  had  to  take  a  democrat  wagon  and  bring  four  barrels  of  papers 
from  the  office  of  my  predecessor,  and  I  said  to  the  Judge,  *What's 
the  use  of  keeping  all  this  old  paper  to  be  carted  around  from 


one  office  to  another?'    He  said,  'I  don't  see  any  use  for  it,'  and 
so  we  burned  it  up."     (Laughter.) 

Some  of  those  records  were  of  events  before  the  Revolution- 
ary War,  but  he  didn't  see  any  use  of  keeping  them.  I  asked 
him  if  he  knew  the  felonious  nature  of  destroying  public  records. 
He  gasped,  and  could  not  answer.  He  is  not  now  alive,  so  I  am 
not  afraid  of  bringing  any  action  against  him  for  felonious  con- 
duct. He  is  only  one  example  of  the  condition  in  which  you  find 
many  public  records  which  you  want  to  use  in  investigations  of 
accounting,  of  financial  transactions,  of  the  cost  of  administra- 
tion and  other  matter  of  public  interest. 

We  made  a  study  of  the  tax  collection.  We  found  that  these 
212  officials,  and  the  assessors  of  the  19  townships,  in  making  the 
assessment  and  collection  of  the  general  tax  cost  the  county  at 
least  a  hundred  and  fifty  thousand  dollars  a  year.  As  it  could 
have  been  all  carried  on  for  not  a  penny  over  fifty  thousand  dol- 
lars a  year,  we  said,  "There  is  a  waste  of  one  hundred  thousand 
dollars  easily,"  and  we  proposed  a  law  that  would  remedy  that. 
After  much  debate  the  Board  of  Supervisors  appointed  a  commit- 
tee to  draft  a  tax  law.  They  appropriated  a  thousand  dollars. 
They  paid  an  attorney.  They  paid  the  expenses  of  the  commit- 
tee. They  drew  a  bill  which  embodied  some  of  the  principles  we 
had  recommended.  It  w^as  an  improvement.  It  did  not  provide 
for  sending  out  tax  bills.  It  did  not  provide  for  centralization  of 
collections,  as  we  had  recommended,  nor  for  the  concentration  of 
the  levy.  "One  bill,  one  levy,  one  tax,"  has  been  the  motto  of  the 
State  Tax  Reform  Association  and  of  our  Bureau  for  the  last 
three  years,  and  the  Legislature  has  taken  action  several  times 
towards  the  realization  of  this  principle.  But  this  bill  did  not 
embody  it. 

I  would  like  to  go  into  the  details  of  some  of  the  paradoxes 
of  the  tax  law,  but  I  haven't  time  except  perhaps  for  just  one. 
For  instance,  observe  the  compensation  paid  the  collector  of 
taxes.  He  receives  one  per  cent,  under  the  State  law  for  all 
taxes  that  he  collects  in  the  first  thirty  days.  This  low  percent- 
age was  intended  to  be  an  incentive  to  the  taxpayer  to  pay  his 
taxes  before  the  end  of  the  first  thirty  days.  At  the  end  of  that 
time,  five  per  cent,  is  added,  and  that  goes  to  the  collector.  You 
see,  the  mistake  was  in  giving  that  to  the  collector.  On  all  taxes 
that  he  reports  as  unpaid  he  gets  two  per  cent.    So  that  if  he 


waits  30  days  and  then  collects  it  all,  he  gets  five  times  as  much 
as  if  he  collected  it  all  in  thirty  days. 

If  he  does  not  collect  anything  but  returns  it  all  unpaid,  he 
gets  twice  as  much  as  if  he  collects  it  all  promptly.  He  had  bet- 
ter not  collect  anything  than  collect  it  all  in  the  first  thirty  days, 
as  far  as  he  is  concerned.  There  are  in  the  county  three  towns 
that  send  out  the  tax  bills.  They  do  it  as  soon  as  the  tax  levy  is 
made.  They  prepare  the  bill  in  advance,  and  all  they  have  to  do 
is  to  put  in  the  amount  and  mail  the  bill.  Those  towns  collect 
very  much  more  closely,  ninety-five  per  cent.,  ninety-six  per  cent, 
and  ninety-seven  per  cent.  Ninety-seven  per  cent,  is  collected  by  a 
town  that  has  a  salaried  collector  in  the  office  all  the  year  around, 
during  business  hours.  That  town  collects  its  taxes  more  closely 
and  with  less  expense  than  any  other  town  in  the  county. 

That  town  is  Rye.  That  tax  law  went  to  the  Legislature,  it 
was  passed  by  both  houses,  came  before  Governor  Sulzer,  and  we 
thought  he  was  going  to  sign  it.  But  he  was  about  to  appoint  a 
new  Tax  Commission  to  revise  the  whole  State  Tax  Law,  and  re- 
codify it.  He  said  in  substance:  "Let  us  turn  this  over  to  the 
Tax  Commission,  and  not  put  in  operation  a  special  bill  for  one 
county,  when  there  may  be  things  in  it  which  the  Commission 
will  work  out  for  the  whole  State."  So  he  vetoed  it.  That  is 
where  it  stands.  That  Tax  Commission  has  been  appointed,  and 
is  supposed  to  be  at  work. 

Budgets 

One  of  the  things  that  was  the  worst  in  the  county  was  the 
budget  provision.  We  found  that  they  appropriated  lump  sums 
for  departmental  work,  and  some  lumps  that  were  not  for  depart- 
ment work,  mass  appropriations;  no  analysis,  no  specific  alloca- 
tion of  budget  division,  of  particular  function,  or  line  of  endeavor. 
For  instance,  for  the  Board  of  Supervisors,  they  did  not  make  any 
appropriation  except  for  the  salaries  of  the  supervisors  and  the 
salaries  of  the  clerks.  For  the  County  Treasurer,  the  appropria- 
tion would  be  $18,500;  for  the  county  clerk,  a  mass  item;  no  ap- 
propriation whatever  for  elections;  and  so  on. 

We  studied  that  budget,  and  reported  how  budgets  should 
be  made  and  analyzed.  We  compared  the  budgets  for  five  years, 
and  published  a  little  pamphlet  with  an  analytical  statement  and 
graphic  chart  of  the  budgets  for  five  years.  Part  of  the  chart 
was  light  and  part  of  it  dark.    The  light  section  represented  ana- 

lu 


lytical  appropriations,  and  the  dark  ones  mass  appropriations 
without  specification  or  division.  When  the  Treasurer's  report 
came  in,  that  was  a  long  list  of  warrants.  You  could,  by  analyzing 
that,  get  some  idea  of  how  the  money  had  been  distributed,  but 
that  was  the  end  of  the  year.  The  budget  was  the  beginning  of 
the  year,  to  know  what  your  money  was  to  be  spent  for.  Now, 
the  percentage  of  dark  appropriations  increases  like  this: 

In  1907,  65  per  cent,  dark,  and  in  1908,  67  per  cent,  dark ;  in 
1909,  70  per  cent,  dark,  and  in  1911,  73  per  cent.  dark.  So  we 
said,  "The  budget  is  somewhat  over  two-thirds  dark  and  growing 
darker!" 

We  followed  that  with  a  pamphlet  showing  how  a  budget 
should  be  made,  and  illustrating  the  differences  between  the  cost 
reported  by  the  Treasurer,  the  budget  appropriation,  and  the 
actual  cost.    I  will  read  you  one  or  two  items. 

Board  of  Supervisors:  Budget  appropriation,  $25,000;  Ex- 
penditures shown  by  the  Treasurer's  report,  $32,000;  Actual  ex- 
penditures shown  by  the  investigator  who  analyzed  the  cost, 
!65,000. 

Elections:  Budget  appropriations,  nothing;  Treasurer's  re- 
port, nothing;  Actual  expenditures,  $69,000. 

Superintendent  of  the  Poor:  Budget,  $17,000;  The  Treas- 
urer's report,  $108,000 ;  Actual  cost,  $118,000. 

All  the  various  county  departments  were  thus  compared.  To 
make  that  a  little  clearer,  we  put  it  into  the  form  of  a  graphic 
chart.  Then  we  called  attention  to  the  Comptroller's  plan  for  a 
budget.  The  State  Comptroller  in  1910  provided  a  plan  for  ana- 
lytical budget  appropriation.  It  might  go  a  great  deal  further, 
and  they  have  now  carried  it  further  in  Westchester.  We  also 
showed  budget  plans  in  use  by  other  States,  Indiana,  for  instance. 
In  Indiana  for  the  item  of  election  expenses,  there  are  sixteen 
items.  Westchester  County  used  in  four  items.  Court  expenses, 
in  Indiana,  the  county  analyzes  into  12  items.  Here  in  the  West- 
chester County  Budget:  Court  expenses,  $145,000.  However, 
they  have  adopted  a  classified  budget  now,  going  much  further 
than  the  Comptroller's  plan,  with  restrictions  to  prevent  transfers 
from  one  fund  to  another  except  by  specific  authorization  of  such 
transfers,  and  they  have  put  in  a  system  of  accounting  that  cor- 
responds with  the  budget,  so  fhat  you  may  tell  at  any  time,  or  an 
auditing  committee  may  tell  at  any  time,  just  what  appropriation 
they  have  to  audit  from,  what  their  balance  is,  what  the  encum- 

11 


brances  are  against  it,  and  what  unencumbered  balance  remains 
for  them  to  use. 

Audit  Oddities 

You  know,  bills  are  audited  up  there  by  a  committee  system. 
There  is  a  committee  of  the  supervisors,  for  instance,  on  printing; 
another  one  on  the  Treasurer;  another  one  on  the  Superintendent 
of  the  Poor,  and  so  on,  and  each  committee  has  assigned  to  it  the 
bills  for  its  particular  department  or  function.  It  goes  over  them, 
0.  K.'s  them,  makes  out  a  list,  and  sends  them  to  the  Board  to  be 
audited  by  vote  of  the  Board.  A  motion  is  made,  not  always 
actually  made,  but  the  formality  is  gone  through  with,  the  Chair- 
man stands  up  when  nobody  pays  any  attention  to  what  is  read, 
and  says  in  substance  that  Mr.  So-and-So,  naming  the  floor  leader 
of  the  party  in  power,  moves  that  these  be  adopted,  that  they  be 
ordered  paid,  and  then  the  roll  is  called,  and  a  few  answer,  and 
those  who  do  not  answer  "No"  are  considered  as  voting  "Yes," 
unless  the  absentees  are  called  for ;  and  then  the  roll  having  been 
counted  that  way,  the  announcement  is  made  that  the  bills  are 
authorized.  Then  a  vote  is  cast  in  the  same  way  that  warrants  be 
drawn  to  pay  them.  Of  course  you  will  say  that  is  custom,  and  it 
is  taken  for  granted  that  if  a  man  does  not  vote  against  it,  he  has 
no  objection,  but  the  question  has  been  raised  that  if  an  audit 
of  that  kind  were  examined  into  by  the  courts,  it  could  be  over- 
thrown, because  the  Board  did  not  vote  for  it,  and  the  announce- 
ment made  in  meeting  that  they  had  voted  for  it  would  not  be 
true. 

A  special  act  was  passed  in  1905  which  authorized  the  print- 
ing of  Westchester  County  accounts  and  town  accounts,  the  elec- 
tion canvass,  lists  of  nominations,  and  things  of  that  kind,  that 
cost  the  county  varying  sums  of  from  twenty-five  thousand  dol- 
lars to  over  twenty  thousand  dollars  a  year.  It  was  perfectly  use- 
less. We  wrote  to  the  Comptroller,  the  first  thing  when  we  went 
up  there,  asking  him  to  make  an  investigaton  of  that.  He  did  so, 
and  reprimanded  the  Board  of  Supervisors  severely  for  the  extra- 
vagance. They  appointed  a  committee  to  go  around  the  State  on 
an  investigation  trip,  and  they  came  back  and  reported  that  they 
were  not  over-extravagant.  They  prepared  a  bill  repealing  those 
laws,  and  it  was  not  passed.  Then  we  kept  at  them  until  they  put 
another  bill  forward,  and  we  investigated  the  subject  further, 
and  made  reports  to  Senator  Wainwright  and  others.  Finally, 
when  the  Democrats  got  into  power  in  the  State,  the  two  parties 

12 


got  together  and  passed  the  repeal  bill,  so  that  act  is  off  the 
statutes.  That  is  one  of  the  things  we  have  done.  Since  then  I 
have  not  heard  a  single  demand  for  the  "information"  thus  "cut 
off"  from  the  public,  altogether  the  local  press  was  almost  unani- 
mous in  bewailing  this  great  public  deprivation. 

Well,  that  is  the  kind  of  work  that  we  have  been  doing  there, 
and  we  have  been  all  the  time  studying  county  government  for  a 
simplification  of  it,  and,  together  with  the  Short  Ballot  Organiza- 
tion, to  whom  belongs  the  great  credit  of  the  movement,  there  is 
a  bill  now  prepared  and  going  to  be  circulated  for  criticism  among 
the  people  of  the  State,  simplifying  county  government. 

Mr.  Hinckley,  of  the  Westchester  County  Research  Bureau 

Gentlemen :  We  found  among  other  things  the  most  extrav- 
agant prices  being  paid  for  materials  of  various  descriptions,  of- 
fice supplies,  little  things  as  a  rule,  but  which  mounted  up  in  the 
aggregate  to  quite  considerable  sums.  We  found  excessive  profits 
of  several  hundred  per  cent,  frequently,  and  we  found  also  the 
most  defective  bills  imaginable  in  the  files ;  uncertified  bills,  un- 
itemized  bills,  and  bills  that  you  could  not  read. 

A  Member:    All  paid? 

Mr.  Hinckley:  Oh,  yes,  all  paid.  We  found  that  although 
the  county  was  paying  over  three  hundred  thousand  dollars  a 
year  for  salaries,  there  was  only  one  county  department  which 
had  anything  like  a  pay-roll,  and  that  was  the  Sheriff's  depart- 
ment. The  men  simply  go  in  and  get  their  money.  The  Treasurer 
knows  them,  and  they  sign  a  little  receipt  for  the  money,  and  he 
makes  his  record.  There  is  no  such  thing  as  a  certificate  of  work 
done,  a  certificate  of  a  man's  being  on  a  job,  and  having  rendered 
the  service  which  the  money  is  supposed  to  compensate  him  for. 

We  found  also  that  some  of  these  raw  and  pungent  bills  were 
audited  occasionally  by  acclamation.  That  is,  a  gentleman  in  the 
County  Board,  who  was  one  of  the  Audit  Committee,  happening, 
perhaps  on  purpose,  to  arrive  a  little  late,  would  have  a  bunch  of 
bills,  and  in  the  meeting,  not  having  submitted  them  previously 
to  the  committee  for  audit,  he  would  modestly  suggest  to  the 
Chair  that  these  bills  be  declared  audited  by  acclamation,  and  it 
was  always  audited  as  he  suggested. 

The  later  work  has  been  simplified  giving  publicity  to  these 
matters,  which  Mr.  Cartwright  very  patiently  and  carefully  dug 
out.    We  simply  took  what  Mr.  Cartwright  had  done  largely,  and 

13 


circulated  it  before  the  public,  so  as  to  make  the  public  under- 
stand that  we  meant  business,  and  the  results  of  the  little  election 
which  was  held  up  there  last  fall  seemed  to  indicate  that  this  pro- 
gram is  making  progress.  It  is  getting  adherents  from  all  the 
political  parties  in  Westchester  County,  and  it  will  be  very 
strange  if  within  the  next  year  or  two  a  very  marked  improve- 
ment in  the  administration  processes  in  the  county  government 
does  not  take  place. 


A  PLAN  FOR  CITY  AND  COUNTY  CONSOLIDATION  IN 
GREATER  NEW  YORK 

ROBERT  S.  BINKERD, 
Secretary  The  City  Club  of  New  York  City 

My  initial  introduction  into  political  activity  affected  an  up- 
State  county,  Erie  County,  and  it  was  more  the  malfeasance  of 
the  Supervisors  than  anything  else  that  led  the  citizens  of  Erie 
County  to  get  busy  and  form  a  Municipal  Voters'  League  in  Buf- 
falo. 

Now,  this  was  the  organization,  and  to-day  with  one  excep- 
tion is  the  organization  of  Erie  County :  A  Sheriff,  District  At- 
torney, County  Judge,  Surrogate,  fifty  Supervisors,  County  Treas- 
urer, County  Auditor,  Superintendent  of  the  Poor,  Keeper  of  the 
Almshouse,  all  locally  elected. 

The  things  which  the  Board  of  Supervisors  had  done  to 
arouse  the  ire  of  the  citizens  of  Erie  County  were  these:  The 
State  had  made  an  appropriation  of  half  the  amount  of  money 
required  to  construct  an  armory  in  the  Western  part  of  the  State. 
The  other  half  of  the  money  was  to  be  provided  by  Erie  County. 

To  begin  with,  the  Board  of  Supervisors  selected  a  grave- 
yard as  the  site  for  the  new  armory.  They  paid  for  the  grave- 
yard three  times  its  value.  They  then  made  a  contract  with  the 
contractor  to  remove  the  bodies  from  the  graveyard.  They  pro- 
vided in  that  contract  that  any  major  bone  of  the  human  body 
should  be  considered  to  be  equivalent  to  a  human  body,  and  that 
the  contractor  should  be  paid  upon  that  basis.  The  result  was 
when  they  got  through  removing  human  bodies,  they  removed 
about  seven  times  as  many  as  there  had  been  physical  capacity 
for  in  the  entire  graveyard.  Then  they  made  a  contract  with  an 
architect  to  draw  the  specifications  for  the  armory.  They  paid 
him  three  per  cent,  of  the  armory  cost.    I  believe  it  was  to  cost 

14 


half  a  million,  and  it  was  to  be  five  per  cent,  if  it  cost  seven  hun- 
dred and  fifty  thousand,  and  seven  per  cent,  if  it  cost  a  million.  I 
leave  it  to  you  whether  it  cost  a  million  dollars  or  not. 

Then  they  jockeyed  through  a  series  of  bids.  Of  course, 
they  separated  the  entire  construction.  The  excavation  was  dif- 
ferent from  the  foundation.  The  foundation  was  diff'erent  from 
the  steel  worji.  The  steel  work  was  different  from  the  brick 
work.  They  chose  their  own  bidders,  and  they  saw  that  they  got 
the  contracts.  After  the  shell  of  the  building  was  constructed, 
and  they  had  acquired  a  special  appropriation  by  the  State  as 
well  as  about  twice  as  much  money  as  the  county  had  originally 
expected  to  spend,  they  found  they  had  far  from  completed  it,  and 
they  proposed,  among  other  things,  to  put  in  a  large  and  very 
expensive  swimming  pool  for  the  unfortunate  members  of  the 
National  Guard.  They  found  that  the  ordinary  type  of  steel 
locker,  a  thousand  of  which  could  have  been  provided  for  about 
$35,000,  was  entirely  inadequate  for. the  honor  of  the  institution 
and  the  occasion,  and  they  proposed  to  let  a  contract  with  the 
Jamestown  Art  Metal  Company  for  about  $145,000  worth  of  steel 
lockers,  and  they  had  a  series  of  other  extravagances,  which  fin- 
ally led  to  an  investigation  by  a  committee  of  the  Legislature,  of 
which  Mr.  Wainwright  of  Westchester  was  Chairman. 

Now,  when  I  got  there  I  found  just  the  system  which  Mr. 
Cartwright  described.  There  was  no  county  budget.  There  was 
no  county  administrative  head.  All  bills  against  the  county  wer* 
audited  by  committees  of  the  Board.  A  reputable  produce  dealer 
told  me  that  the  only  way  in  which  he  could  furnish  supplies  to 
the  Almshouse  was  by  adding  ten  cents  per  peck  to  the  price  of 
his  potatoes,  and  on  all  other  foodstuffs  in  like  proportion,  so  that 
practically  every  auditing  committee  of  that  Board  was  grafting 
off  the  supplies  furnished  to  any  county  institution. 

Now,  an  analysis  of  the  county  will  show  you  it  is  not  a  dif- 
ficult institution.  It  is  the  one  institution  of  government  in  which 
almost  no  great  question  of  public  policy  arises.  It  is  primarily  a 
question  of  management.  Its  functions,  so  far,  have  roughly 
been  these:  The  provision  of  adequate  roads,  the  conduct  of 
charitable  institutions,  and  the  penal  institutions,  which  can 
more  economically  and  properly  be  conducted  over  the  unit  of 
a  county  than  over  the  unit  of  any  particular  village  or  city  or 
series  of  them  contained  within  a  county.  The  public  health 
functions  of  a  county  have  so  far  been  nil,  although  there  is  prob- 

15 


ably  adequate  reason  for  the  introduction  of  functions  in  that  di- 
rection. Education  has  always  been  held  without  the  power  of 
the  county  government,  and  educational  policy  has  never  entered 
into  it.  So,  therefore,  I  suggest  from  my  own  experience,  that 
the  fundamental  difficulty  with  the  average  county  of  New  York 
State  is  that  it  has  no  administrative  head,  and  that  the  first  step 
towards  correcting  that  difficulty  is  to  give  them  an  adminis- 
trative head,  and  that  the  second  difficulty  is  with  having  no  im- 
portant policies  to  decide,  it  is  absurd  to  elect  fifty  Supervisors  in 
Erie  County,  and  varying  numbers  in  other  counties,  at  salaries 
of  five  hundred  dollars  a  year,  to  settle  these  momentous  ques- 
tions. Usually,  the  most  momentous  is :  Shall  we  enact  a  wide- 
tire  ordinance  against  the  farmers  who  are  using  the  roads, 
which  of  course  the  country  members  vote  against  invariably, 
and  the  city  members  vote  for,  and  as  most  of  the  Boards  of 
Supervisors  are  so  constituted  that  they  are  about  equal  in  num- 
ber, it  stands  off,  and  the  vote  on  that  ordinance  results  in  a  tie 
on  that,  and  this  settles  for  a  year  their  most  important  question 
of  policy. 

The  second  thing  is  that  the  number  of  persons  called  upon 
to  direct  county  affairs  is  infinitely  too  large,  and  therefore  the 
abolition  of  the  Supervisor  idea  and  the  creation  of  the  Commis- 
sioner idea,  three  or  five  or  some  small  number,  is  obviously  a 
step  in  the  right  direction. 

The  third  difficulty  with  the  rural  county  is  that  the  assess- 
ment of  property  for  taxation  is  considered  a  local  matter  within 
the  Supervisor's  district  and  that  results  in  these  two  things: 
First,  all  the  country  districts  try  to  keep  the  assessments  down 
as  much  as  possible,  so  as  to  throw  upon  the  city,  located  within 
the  boundaries  of  the  county,  the  chief  burden  of  taxation ;  and 
the  city  having  more  effective  methods  of  collecting  taxes  will 
not  only  be  disproportionately  taxed  in  the  first  place,  but  it  will 
collect  by  far  the  larger  part  of  the  available  county  revenue,  and 
it  will  pay  from  year  to  year  in  added  tax  levies  necessary  to 
make  up  deficiencies  on  former  tax  levies,  a  still  increasing  pro- 
portion of  county  taxation. 

Then,  in  the  second  place,  within  the  various  towns  them- 
selves, each  Supervisor  tries  to  keep  the  tax  burden  down,  not  by 
the  honest  and  efficient  administration  of  county  affairs,  but  by 

16 


undervaluing  property  located  in  his  district  as  against  property 
located  in  all  other  country  districts. 

Those  three  things  I  think  constitute  roughly  an  analysis  of 
the  defects  of  county  government  as  they  now  exist  throughout 
the  State,  and  the  remedy  for  that  is  simply  this.  The  ideal 
remedy  in  my  mind  is  a  small  commission  appointing  a  county 
manager — just  about  the  last  word  that  one  could  offer  on  an  or- 
ganization which  could  do  county  business  most  efficiently  and 
with  a  minimum  of  necf^ssary  cost. 

Now,  with  reference  to  the  counties  in  New  York  City,  they 
are  somewhat  like  the  Board  of  Aldermen,  a  vermiform  appendix. 
Our  proposal  with  regard  to  them  is  very  simple.  We  propose 
now  to  confer  upon  the  cities  of  this  State  the  power  to  make 
their  own  charters.  In  connection  with  that  amendment  to  the 
Constitution,  we  propose  in  New  York  to  provide  that  county  gov- 
ernment may  be  consolidated  or  abolished,  saving  from  those  pro- 
visions the  solution  of  the  question  of  the  local  courts,  and  of  the 
enforcement  of  law  by  the  district  attorneys. 

By  holding  it  open  in  some  such  way,  we  can  have  a  consoli- 
dated City  Court  underneath  the  Supreme  Court,  and  making  it 
also  possible  to  have  perhaps  a  district  attorney  of  the  entire  city, 
instead  of  five  separate  and  disconnected  district  attorneys.  Out- 
side of  that,  my  own  plan,  when  w^e  get  that  power  is  to  make  the 
Police  Commissioner  the  Sheriif  of  the  City  and  County  of  New 
York,  to  give  to  the  Appellate  Division  of  the  Supreme  Court  of 
the  City  control  over  the  Commissioner  of  Jurors  and  the  record- 
ing of  judicial  and  real  property  records;  and  so  far  as  the  other 
administrative  officers  are  concerned,  so  far  as  are  necessary,  to 
give  their  appointment  into  the  hands  of  the  Mayor,  and  to  place 
all  county  budgets  under  the  control  of  the  Board  of  Estimate, 
like  all  our  city  departments. 

The  exact  amendment  to  the  constitutional  amendment  of  the 
Constitutional  Government  Association  has  not  been  drafted  by 
us  as  yet,  but  it  is  very  simple,  and  so  far  as  I  see  it  now,  could 
be  expressed  in  a  very  few  words. 


17 


A  PROPOSED  BILL*  FOR  SIMPLIFIED  FORM  OF 
COUNTY  GOVERNMENT 

By  H.  S:  GILBERTSON 

This  proposed  bill  carries  out  the  idea  Mr.  Binkert  just  men- 
tioned; that  of  reducing  the  Board  of  Supervisors  to  watchable 
proportions  and  placing  the  executive  control  in  the  hands  of  a 
county  manager. 

Now,  in  going  over  the  situation,  it  seemed  to  us  there  were 
portions  of  the  State  which  were  far  more  advanced  in  a  civic 
way  than  others,  and  it  would  be  very  impolitic,  and  unwise  in 
other  ways,  to  try  to  draft  a  bill  which  would  be  a  mandatory 
amendment  to  the  present  county  law.  And  so  the  first  feature 
of  this  bill  is  this  optional  character.  It  is  to  be  an  amendment 
to  the  county  law,  and  it  may  be  adopted  in  any  county  in  about 
the  same  manner  as  the  article  which  provides  for  a  county  comp- 
troller, by  a  petition  of  one  per  cent,  of  the  voters  and  a  majority 
vote  at  any  general  election. 

In  working  this  out  we  found  there  was  a  slight  question  of 
the  constitutionality,  but  I  think  we  have  overcome  that.  The 
Board  of  Supervisors  in  this  State  universally,  excepting  for  the 
counties  in  New  York  City,  consists  of  the  chief  executives  of  the 
towns  within  the  county,  the  Supervisors.  The  Constitution, 
although  it  mentions  the  Board  of  Supervisors,  and  thereby 
makes  it  a  constitutional  board,  also  stipulates  that  the  Legisla- 
ture shall  determine  the  composition  and  the  manner  of  election 
of  Boards  of  Supervisors.  And  so,  we  retained  the  name  "Board 
of  Supervisors,"  but  provided  for  a  set  of  new  officers,  five  to  be 
elected  at  large  in  the  county,  to  be  known  as  "County  Supervis- 
ors," who  would  succeed  to  the  powers  of  the  present  Board 
of  Supervisors. 

The  qualifications  of  the  members  of  this  Board  would  be 
about  as  they  are  at  the  present  time,  and  we  have  provided  for 
their  removal  in  the  same  manner  as  for  the  removal  of  the 
sheriff,  that  is,  by  the  Governor,  after  a  statement  of  the  reasons 
for  removal  being  submitted,  and  an  opportunity  to  be  heard  on 
the  charges. 

The  powers  of  the  reconstituted  Board  of  Supervisors  would 
be  practically  the  same  as  those  of  the  present  Board,  but  with 
some  exceptions,  which  I  will  come  to  later  on. 


^See  text  p.  20  et  seq. 

18 


This  proposed  law  will  pave  the  way  toward  the  application 
of  the  Short  Ballot  principle,  though,  so  far  as  I  have  described 
it,  it  suggests  a  lengthening  of  the  ballot,  that  is,  by  the  adding  of 
five  new  officers.  But  I  should  add  that  they  are  to  be  elected  in 
rotation,  in  order  to  give  a  continuing  Board,  and  reduce  the  num- 
ber elected  at  any  one  time  to  a  minimum. 

This  Board  will  have  the  power,  either  directly  or  through 
the  County  Manager,  to  select  all  of  the  other  statutory  officers. 
As  you  doubtless  know,  there  are  several  such  officers  at  the  pres- 
ent time,  including  the  County  Attorney,  the  Treasurer,  the 
County  Superintendent  of  the  Poor  and  the  Coroners. 

The  elective  officers,  under  the  Constitution,  are  the  District 
Attorney,  the  Sheriff,  the  Register  (where  there  is  a  Register), 
and  the  County  Clerk.  If  we  ever  get  an  amendment  to  the  Con- 
stitution which  will  eliminate  the  necessity  for  the  election  of 
these  other  officers,  we  will  be  able  to  incorporate  provision  for 
their  appointment  in  this  section  of  the  law  without  very  much 
difficulty. 

Then  comes  the  central  feature  of  the  bill. 

The  County  Manager 

As  has  been  pointed  out,  I  think,  by  every  speaker  this  even- 
ing, one  of  the  chief  difficulties  with  the  counties,  not  only  in  this 
State,  but  everywhere  else,  is  the  absolute  lack  of  anything  re- 
sembling an  administrative  head. 

There  has  been  worked  out  in  the  cities  of  Ohio,  and  half  a 
dozen  cities  scattered  elsewhere,  a  plan  of  government  which  you 
have  doubtless  heard  of,  the  City  Manager  plan.  It  is  still  in  the 
experimental  stage,  but  we  believe  it  incorporates  a  thoroughly 
scientific  system  of  city  government.  We  propose  to  apply  that 
system  to  counties,  that  is,  by  making  the  County  Board  of  Su- 
pervisors (this  reduced  Board  of  three  members)  responsible  for 
the  policies  of  the  county,  and  requiring  them  to  place  the  details 
of  county  management  on  the  shoulders  of  a  manager,  who,  pre- 
sumably, will  be  more  or  less  of  an  expert  in  county  management, 
or  if  he  is  not  at  the  beginning  an  expert,  he  will  be  given  a  suf- 
ficient tenure  so  that  he  will  be  able  to  acquire  expertness  in 
county  affairs. 

It  is  proposed  that  this  officer  be  given  a  very  substantial 
salary,  as  much,  if  not  larger,  than  that  of  any  other  county  of- 

19 


licer,  at  least  sufficiently  large  to  attract  the  necessary  talent  to 
have  the  work  done  in  the  proper  way. 

He  is  not  to  be  like  the  Mr.  Back,  who  was  mentioned  this 
evening,  an  irresponsible  employee  of  the  Board,  but  he  is  to  be  a 
recognized  officer;  he  is  required  to  take  the  Constitution  oath, 
and  to  furnish  sureties.  He  is  given  an  indefinite  tenure,  and 
may  be  removed  at  the  pleasure  of  the  Board,  but  is  entitled  to  a 
written  statement  of  the  reasons  for  removal. 

He  need  not  be  drawn,  and  preferably  should  not  be  drawn, 
from  the  immediate  county,  but  should  be  taken  from  anywhere 
in  the  county,  wherever  the  man  most  fitted  for  the  office  may  be 
found. 

The  one  officer  whom  we  have  not  included  in  the  appointive 
list  is  the  County  Comptroller.  In  the  first  draft  of  this  bill  the 
County  Comptroller — and  there  are  only  four  or  five  such  officers 
in  this  State — is  made  an  appointive  officer,  but  on  considering 
this  point  it  seemed  best  to  leave  this  officer  (rather  an  import- 
ant one)  on  the  elective  list. 

Now,  of  course,  the  actual  working  of  this  act  will  depend 
very  largely  upon  the  type  of  men  who  are  elected  to  the  Board 
of  Supervisors,  and  the  personality  of  the  County  Manager ;  that 
is,  within  certain  limits.  These,  therefore,  are  his  duties,  which 
are  subject  to  further  definition  by  the  Board  of  Supervisors, 

(See  §  247,  page  27.) 

In  the  exercise  of  the  foregoing  duties,  the  County  Manager 
is  to  have  the  same  powers  to  examine  witnesses,  to  take  testi- 
mony under  oath,  and  to  investigate  the  affairs  of  every  county 
officer,  which  is  conferred  by  this  chapter  of  the  County  law  upon 
Boards  of  Supervisors  and  committees  thereof.  That  power  is 
somewhat  extensive. 

Now,  in  order  to  insure  that  the  Board  of  Supervisors  will 
not  let  things  run  at  loose  ends,  but  will  have  an  incentive  to  in- 
troduce  scientific  methods   into  their  administration,   we   have 
added  another  section  entitled,  "The  Administrative  Code." 
(See  §  248,  pp.  27-28.) 

The  next  section  deals  with  the  present  laws,  and  what  ex- 
ceptions are  made. 

One  more  section  is  important,  and  I  hope  we  shall  have  an 
opportunity  to  take  it  up  later  in  greater  detail,  in  a  later  meet- 
ing, and  that  is  the  office  of  Coroner. 

20 


(See  §  251.) 

t  [The  Coroner  is  undertaking,  under  modern  conditions,  to  do 
a  job  for  which  he  is  absolutely  unfit.  His  functions  consist  on  the 
one  hand  of  very  technical  legal  duties,  and  on  the  other,  of  very 
technical  medical  duties,  and  the  average  Coroner,  or  perhaps 
ninety-nine  per  cent,  of  the  Coroners,  are  not  capable  of  conduct-: 
ing  any  technical  affairs  of  any  kind. 

On  the  other  hand,  the  administration  of  the  functions  of  the 
Coroner  is  a  very  vital  part  of  the  administration  of  criminal  jus- 
tice, and  so  I  dare  say  we  will  some  time  propose  to  abolish  the 
Coroner,  and  to  establish  in  his  place,  the  office  of  Medical  Exam- 
iner, on  the  lines  of  the  Massachusetts  law,  and  turn  over  the 
present  legal  functions  of  the  Coroner,  that  is,  the  holding  of  in- 
quests, to  some  judicial  officer,  either  the  County  Judge,  or  per- 
haps the  Justice  of  the  Peace,  or,  in  New  York  City,  one  of  the 
City  Magistrates.  As  a  preliminary  step  this  bill  provides  for  the 
appointment  of  the  Coroners  by  the  District  Attorney.] 

Constitutional  Amendment* 

I  spoke  of  the  obstacles  in  the  way  of  making  certain  officers 
elective.  This  difficult  we  propose  to  .remedy  by  a  very  simple 
constitutional  amendment.  It  provides  that  the  District  At- 
torney, Sheriff,  County  Clerk  and  Register  may  be  either  elective 
or  appointive.  We  believe  that  is  the  scientific  way  of  amending 
the  Constitution,  as  regards  the  counties.  That  is,  making  them 
entirely  a  legislative  concern,  and  the  amendment,  I  think,  is  a 
very  flexible  one,  which  permits  the  adoption  of  the  optional 
forms  of  county  law,  which  may  be  adopted  by  a  referendum. 

Discussion  on  Proposed  Bill 

Mr.  Arndt :  One  thing  that  I  think  we  will  find  in  the  way  of 
putting  through  a  plan  of  this  sort,  not  necessarily  in  the  way  of 
its  operation  after  it  is  on  the  statute  books,  or  written  into  the 
Constitution,  is  the  fact  that  there  are  two  influences  in  almost 
every  county  that  play  a  very  important  part.  One  is  the  geo- 
graphical proposition,  that  you  do  not  have  to  deal  with  in  prac- 
tically all  municipalities,  and  the  other  is  the  friction  between 
the  towns  and  the  country  districts,  which  is  always  in  evidence. 
Those  are  the  things  that  keep  the  County  Boards  of  Supervisors 
wrangling  all  over  the  State  all  the  time. 

fThe  sections  relating  to  the  Coroner  were  omitted  in  the  second  draft 
of  the  bill,  text  of  which  appears  herewith  (pp.  25-28). 
*See  p.  22. 

21 


The  different  parts  of  the  county,  a  great  many  of  them 
stretching  over  a  very  big  area  of  land,  and  the  interests  of  the 
different  parts  of  the  county  are  quite  different,  and  you  will  find 
the  Northern  towns  fighting  the  Southern  towns,  and  the  towns 
along  the  lake  fighting  the  towns  along  the  canal,  or  something  of 
that  sort,  and  then  there  will  be  the  other  thing,  the  small  towns 
— take  Monroe  County,  for  instance,  the  towns  outside  of 
Rochester  are  continually  haggling  because  they  think  that  the 
city  members  are  exerting  too  great  an  influence  in  the  County 
Board  of  Supervisors.  That  difl^culty  exists  to-day,  and  while 
undoubtedly  a  plan  for  a  County  Commission  or  a  small  group  of 
men  would  go  very  far  towards  the  elimination  of  all  that,  still 
the  existing  evil  results  in  a  good  deal  of  jealousy,  and  I  am  afraid 
it  will  need  a  pretty  thorough  campaign  of  education  to  overcome 
that.  I  think  that  thing  has  to  be  faced.  I  believe  eventually  the 
same  principle  of  greater  home  rule,  greater  power  in  the  county 
to  control  its  own  affairs,  that  we  are  fighting  for  now  in  the  cities 
of  the  State,  is  necessary.  Of  course,  you  do  not  want  to  give 
any  more  power  to  the  present  Board  of  Supervisors,  the  way 
they  are  constituted  at  present,  but  it  would  be  very  advisable  to 
make  it  unnecessary  to  go  to  the  Legislature,  as  we  have  to  now, 
for  amendments  to  the  County  law  continually,  and  for  authority 
to  build  culverts  over  little  streams  here  and  there  all  over  the 
State,  and  things  of  that  sort. 

Mr.  Terry :  Mr.  Arndt,  was  that  difl^iculty  you  found  due  to 
the  politicians,  and  to  the  artificial  feeling  that  they  are  very 
capable  of  instigating,  or  was  it  due  to  the  natural  feeling  of  the 
people  themselves?  In  other  words,  was  it  a  condition  that  this 
program  of  having  this  new  form  of  County  Board,  would  tend  to 
cure? 

Mr.  Arndt :  I  think  it  would  undoubtedly  cure  it. 
I  think  it  is  decidedly  to  the  advantage  of  the  politicians  to 
keep  that  policy  alive.  It  makes  trading  possible,  and  a  base  for 
trading  is  one  of  the  most  important  considerations  for  any  par- 
tisan political  manipulation,  of  course.  I  think  politics  exag- 
gerates that  feeling,  but  there  is  a  certain  amount  of  feeling,  I 
think  you  will  find,  in  certain  counties.  The  canal  counties,  for 
example,  the  towns  that  run  along  the  canals,  are  always  fighting 
with  the  towns  that  are  back ;  it  is  over  the  highways  and  various 
things  of  that  sort;  the  towns  lying  back  from  the  canals  want 
the  highways  up  and  down  perfected,  they  do  not  care  a  rap 

22 


whether  the  highways  east  and  west  are  in  good  order  or  not,  and 
little  things  like  that  are  continually  cropping  up. 

Mr.  Cartwright:  I  think  you  would  probably  have  to  pro- 
vide that  Rochester  should  not  elect  all  three  or  all  five  of  the 
Commissioners  from  within  the  City  limits;  that  some  of  them 
should  be  given  to  the  outside  territory. 

Mr.  Hinckley:  That  remark  of  Mr.  Cartwright's  calls  up 
another  question.  Would  it  be  well  to  grade  or  classify  your 
counties  into  first,  second  or  third  class  counties?  We  have  the 
urban  county  and  the  semi-urban  county,  and  the  absolutely  rural 
county.  Now,  conditions  are  extremely  different  in  those  three 
types  of  counties,  and  while  the  general  plan  may  be  applicable,  I 
think,  for  the  different  classes  of  counties,  it  might  be  well  to 
make  some  limitation  at  least  in  the  administrative  code,  or  some- 
thing of  that  sort. 

Mr.  Childs :  It  seems  to  me  that  the  election  of  a  small  num- 
ber of  Supervisors  at  large,  they  to  choose  a  County  Manager, 
who  in  turn  appoints  everybody  else,  is  a  skeleton  outline  that  is 
so  flexible  that  it  will  fit  almost  anything.  It  fits  all  shapes  and 
kinds  of  corporations,  for  example,  private  corporations.  Do 
you  see  any  difficulty  about  that  ground  plan,  in  its  applicability 
to  different  types  of  counties? 

Mr.  Hinckley :  I  think  with  a  rural  county,  you  should  cen- 
tralize the  Health  Department  in  a  County  Board,  and  you  ought 
to  provide  for  it.  You  ought  to  provide  a  health  officer.  The 
town  health  boards  are  notoriously  inefficient. 

Confusion  of  Functions 

Mr.  Shaffer:  Isn't  this  the  trouble  we  are  getting  up  against 
here?  As  I  have  been  looking  at  this  diagram  here,  it  seems  to 
me  that  the  main  difficulty  has  been,  with  our  counties,  that  we 
have  not  kept  separate  and  distinct  the  various  functions.  Now, 
in  looking  at  that  diagram,  it  has  occurred  to  me  there  are  three 
functions  in  a  county  which  might  briefly  be  classed  under  the 
three  heads  of  civil  administration,  criminal  administration,  and 
public  good  administration.  Now,  the  complication  with  the 
Sheriff's  office  is  that  the  Sheriff  has  a  certain  amount  of  criminal 
jurisdiction;  and  he  has  a  certain  amount  of  civil  jurisdiction.  I 
cannot  see  why  all  the  criminal  jurisdiction  of  the  Sheriff  should 
not  properly  be  grouped  under  the  head  of  the  District  Attorney, 
and  why  that  civil  jurisdiction  should  not  be  given  somewhere 

23 


else,  just  the  same  as  the  civil  jurisdiction  of  your  county  court, 
or  the  civil  jurisdiction  of  the  Surrogate's  court.  Questions  not 
embracing  anything  of  a  criminal  nature  should  be  entirely  re- 
moved from  the  jurisdiction  of  the  Sheriff's  office,  and  put  in 
another  office,  and  then  when  you  come  to  the  question  of  public 
good,  like  questions  of  vital  statistics,  the  question  of  public 
health,  or  the  question  of  taxation,  or  the  question  of  the  im- 
provement of  the  county,  why  those  should  not  be  grouped  under 
another  head.  Then  aren't  we  going  to  get  up  against  this  propo- 
sition with  this  particular  law,  for  instance,  that  provides  for  the 
appointment  of  the  County  Clerk?  And  it  seems  to  me  that,  in 
our  counties,  there  are  a  large  number  of  functions  that  are 
thrown  on  the  Town  Clerk  that  could  just  as  well  be  thrown  on 
your  Register  of  Deeds  or  your  County  Clerks.  Take  the  ques- 
tion of  chattel  mortgages.  There  is  no  more  reason  why  a  chattel 
mortgage  should  be  recorded  in  the  town  office,  and  a  deed  re- 
corded in  the  County  Clerk's  office — why  shouldn't  there  be  some 
general  centralization,  and  if  you  put  this  scheme  through  with- 
out considering  all  these  particular  laws,  aren't  you  going  to 
have  your  Board  of  Supervisors  up  against  a  large  number  of 
expenses,  which  they  cannot  control  by  reason  of  the  present 
existence  of  legislation  with  regard  to  the  various  town  offices  ? 

H.  S.  Gilbertson:  We  have  to  limit  ourselves  at  present  to 
the  question  of  the  general  forms  of  management.  Our  local 
government  in  this  State  is  based  on  the  township  plan.  There 
are  plenty  of  States — in  fact,  I  suppose  the  majority  of  them, 
with  counties  based  on  the  Commissioner  type.  That  is,  especially 
the  Southern  States,  where  the  county  is  everything,  but  when 
we  get  over  into  those  things,  we  have  really  a  bigger  problem 
than  we  can  handle,  but  it  does  not  seem  to  me  that  the  bill,  as  far 
as  it  goes,  would  interfere  with  the  development  of  other  reforms 
which  would  place  upon  the  county  larger  functions.  In  fact,  I 
should  say  that  a  good  structure  would  have  to  precede  the  im- 
position of  larger  functions.  After  the  description  we  have  had 
of  the  Supervisors  this  evening  you  would  not  want  to  put  any- 
thing more  on  them ;  not  until  you  get  a  more  workable  form  of 
organization. 

Mr.  Shaffer :  Don't  you  want  to  take  a  lot  of  questions  that 
are  really  now  questions  that  are  mandatory,  don't  you  want  to 
put  them  in  the  discretionary  class  ?  It  seems  to  me  there  are  a 
lot  of  functions  thrown  on  the  town  or  county  which  are  manda- 

24 


tory,  and  if  we  should  put  them  in  the  discretionary  class,  it 
would  be  a  great  advantage. 

H.  S.  Gilbertson:  These  questions  have  to  do  with  the  ad- 
ministration of  State  laws,  and  I  suppose  the  State  will  always 
have  to  maintain  a  very  large  measure  of  control  over  them. 

Mr.  Childs:  At  the  present  time,  as  I  pointed  out  in  my 
paper,  we  have  the  State  doing  work  by  agents  over  whom  it  has 
no  control.  It  is  a  very  illogical  situation,  and  all  this  bill  here 
has  attempted  to  do  is  to  take  the  county  as  it  is,  a  waste-basket 
full  of  functions,  some  from  the  towns,  and  some  from  the  State, 
and  provide  the  best  way  of  administering  them  that  is  possible 
under  the  circumstances. 

The  Chairman :  It  seems  to  me  it  might  be  wise  to  postpone 
the  discussion  of  the  details  of  this  specific  measure.  It  is  pre- 
sented here  to-night  really  for  the  purpose  of  reading  it  into  the 
record,  and  perhaps  it  might  be  wise  to  postpone  the  discusson 
of  the  detail  until  the  next  meeting,  when  this  will  be  before  us 
in  printed  form. 

Text   of    Providing   an   optional   form    of   county    government    for    counties 
not  wholly  included  in  a  city. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Chapter  sixteen  of  the  laws  of  nineteen  hundred  and  nine, 
entitled  "An  act  in  relation  to  counties,  constituting  chapter  eleven  of  the 
consolidated  laws,"  is  hereby  amended  by  adding  after  article  fourteen-a  a 
new  article,  to  be  article  fourteen-b,  to  read  as  follows: 

ARTICLE  14-B. 

Section  240.  Application  of  article.  This  article  shall  apply  to  all 
counties  which  shall  adopt  the  same  in  the  manner  hereinafter  prescribed, 
providing  that  the  question  of  its  adoption  may  not  be  submitted  in  counties 
included  wholly  in  a  city. 

Section  241.  Submission  of  article.  If,  prior  to  the  first  day  of  Oc- 
tober in  any  year  one  per  centum  of  the  registered  electors  of  any  county 
shall  file  with  the  appropriate  oflficer  a  petition  for  the  submission  of  the 
ouestion  of  the  adoption  of  this  article,  the  said  officer  shall  prepare  the 
iollowing  question  to  be  submitted  at  the  general  election  held  in  that  year, 
in  the  same  manner  as  other  questions  are  submitted:  "Shall  article  four- 
teen-b of  the  county  law,  providing  for  government  by  a  board  of  county 
supervisors  and  a  county  manager,  apply  to  the  county  of  (name  of 
county)?" 

Section  242.  Election  of  county  officers.  If  a  majority  of  all  votes 
cast  on  such  proposition  be  affirmative,  there  shall  be  elected  in  the  county 

25 


at  the  next  succeeding  general  election,  in  the  same  manner  as  are  other 
county  officers,  five  officers  to  be  known  as  county  supervisors.  The  said 
county  supervisors  shall  hold  office  for  a  term  of  three  years,  commencing 
at  noon  on  the  first  day  of  January  next  succeeding  their  election;  provided, 
however,  that  of  those  elected  at  the  first  election  under  this  article  two 
shall  hold  office  for  one  year,  two  for  two  years,  and  one  for  three  years, 
the  designation  whereof  shall  be  made  on  the  election  ballot. 

Section  243.  County  supervisors;  qualifications;  vacancies  and  re- 
movals. County  supervisors  shall  be  electors  of  the  county.  When  a  vacancy 
shall  occur,  otherwise  than  by  expiration  of  term,  in  the  office  of  county 
supervisor,  the  same  shall  be  filled  for  the  remainder  of  the  unexpired  term 
at  the  next  general  election  happening  not  less  than  three  months  after 
such  vacancy  occurs;  and  until  such  vacancy  shall  be  filled  the  governor 
shall  fill  such  vacancy  by  appointment.  A  county  supervisor  may  be  removed 
by  the  governor  in  the  same  manner  as  a  sheriff. 

Section  244.  The  board  of  supervisors;  organization,  powers,  com- 
pensation of  members.  The  county  supervisors  in  each  county  adopting 
this  article  shall  constitute  the  board  of  supervisors  of  such  county  and 
the  powers  and  duties  conferred  and  imposed  upon  the  board  of  super- 
visors and  the  officers  and  committees  thereof  in  any  general  or  special 
law  are  hereby  devolved  upon  the  board  so  constituted,  together  with  such 
other  powers,  duties  and  responsibilities  as  may  be  conferred  upon  them  by 
law,  to  be  exercised  subject  to  the  provisions  of  this  article.  When  the 
county  supervisors  elected  within  such  county  shall  have  qualified  the 
supervisors  of  the  several  towns  and  wards  of  cities  within  the  county 
shall  cease  to  convene  as  a  board  of  supervisors  or  to  exercise  any  of  the 
powers  and  duties  required  to  be  exercised  by  the  board  of  supervisors 
of  the  county.  The  board  shall  elect  one  of  its  number  president,  whose 
powers  and  duties  shall  be  determined  by  said  board,  and  shall  adopt  rules 
for  the  conduct  of  its  business.  Each  member  of  the  board  shall  receive  an 
annual  compensation  not  to  exceed  five  hundred  dollars,  the  amount  of 
which  shall  be  determined  by  the  said  board  for  attendance  upon  each  of 
its  meetings  provided  that  the  total  amount  shall  not  exceed  five  hundred 
dollars.  Such  compensation  shall  be  a  county  charge  and  in  addition  to  the 
actual  necessary  expenses  incurred  for  transportation  in  going  to  and  from 
the  meetings  of  the  board. 

Section  245.  Election  officers.  No  person  who  shall  hold  or  be  elected 
to  any  elective  county  office  at  or  before  the  election  at  which  this  article 
is  adopted  shall  be  removed  therefrom  under  authority  of  this  article 
before  the  expiration  of  the  term  for  which  he  was  elected  or  appointed  to 
fill  a  vacancy. 

Section  246.  The  county  manager;  appointment;  qualifications;  tenure; 
compensation.  The  board  of  supervisors  shall  appoint  an  officer  who  shall 
be  a  citizen  of  the  United  States  but  who,  at  the  time  of  his  appointment, 
need  not  be  a  resident  of  the  county,  to  be  known  as  the  county  manager. 
The  said  county  manager  shall  execute  to  the  county  good  and  sufficient 
sureties,  to  be  approved  by  the  county  judge,  in  a  sum  to  be  fixed  by  the 
board  of  supervisors,  conditioned  upon  the  faithful  performance  of  his 
duties.     He  shall  not  be  personally  interested  in  any  contract  to  which  the 

26 


county  is  a  party;  he  shall  hold  office  at  the  pleasure  of  the  board  of 
supervisors,  and  upon  removal,  the  said  board  shall  furnish  him  with  a 
vi^ritten  statement  of  the  reasons  for  such  action,  signed  by  at  least  two 
members  thereof.  The  board  of  supervisors  shall  prescribe  the  salary  of 
such  county  manager  and  the  compensation  of  the  assistants  and  subordi- 
nates to  be  appointed  by  him,  which  shall  be  a  county  charge  and  may  be 
increased  or  diminished  at  any  time.  A  member  of  the  board  of  super- 
visors, during  the  term  for  which  he  was  elected  or  appointed,  shall  not  be 
eligible  for  the  office  of  county  manager. 

Section  247.  Duties  and  powers  of  the  county  manager.  The  county 
manager  shall  be  the  administrative  agent  of  the  board  of  supervisors. 
It  shall  be  his  duty 

(a)  To  attend  all  meetings  of  the  board  of  supervisors; 

(b)  To  see  that  the  resolutions  and  other  orders  of  the  board  of  super- 
visors and  the  laws  of  the  state  required  to  be  enforced  by  such  board,  are 
faithfully  carried  out  by  the  officers  and  employees  of  the  county  including 
all  officers  chosen  by  the  electors; 

(c)  To  recommend  to  the  board  of  supervisors  such  measures  as  he 
may  deem  necessary  or  expedient  for  the  proper  administration  of  the 
affairs  of  the  county  and  its  several  offices; 

(d)  To  appoint  all  county  officers  whose  selection  by  the  electors  is 
not  required  by  the  constitution,  except  county  supervisors  and  the  county 
auditor  or  comptroller,  and  for  such  terms  of  office  as  are  provided  by  law. 
Subject  to  the  resolution  of  the  board  of  supervisors  he  shall 

(e)  Purchase  all  supplies  and  materials  rejquired  by  every  county 
officer,  including  the  superintendents  of  the  poor; 

(f)  Execute  contracts  on  behalf  of  the  board  of  supervisors  when  the 
consideration  therein  shall  not  exceed  five  hundred  dollars; 

(g)  Obtain  from  the  several  county  officers  reports  of  their  various 
activities  in  such  form  and  at  such  times  as  the  board  of  supervisors  may 
require ; 

(h)  Obtain  from  the  several  county  officers  itemized  estimates  of  the 
probable  expense  of  conducting  their  offices  for  the  ensuing  year,  and  trans- 
mit the  same  to  the  board  of  supervisors  with  his  approval  or  disapproval 
of  each  and  all  items  therein  in  the  form  of  a  tentative  budget; 

(i)     Perform  such  other  duties  as  the  board  of  supervisors  may  require. 

In  the  exercise  of  the  foregoing  duties,  the  county  manager  shall  have 
the  same  powers  to  examine  witnesses,  to  take  testimony  under  oath  and 
to  investigate  the  affairs  of  every  county  officer  which  is  conferred  by  this 
chapter  upon  the  boards  of  supervisors  and  committees  thereof. 

Section  248.  The  administrative  code.  Within  ninety  days  after  the 
first  day  of  operation  under  this  article,  the  board  of  supervisors  shall 
adopt,  publish  in  pamphlet  form  and  cause  to  be  delivered  to  every  officer 
of  the  county,  and  to  such  other  persons  as  shall  apply  for  the  same,  a  code 
of  administrative  rules.  Such  code,  subject  to  such  regulations  concerning 
the  conduct  of  various  county  officers  as  may  be  made  from  time  to  time 

27 


by  the  comptroller,  shall  contain  the  rules  of  the  said  board  on  the  fol- 
lowing subjects: 

(a)  The  methods  by  which  the  county  manager  shall  exercise  the  duties 
imposed  upon  him  in  subdivisions  (e)  to  (i),  inchisive,  of  section  two  hundred 
and  forty-seven  of  this  article. 

(b)  The  method  by  which,  and  the  form  in  which,  the  several  county 
officers  and  employees  shall  order  supplies  and  materials, 

(c)  The  form  in  which,  and  the  times  at  which,  the  several  county 
officers  shall  submit  the  estimates  of  the  probable  financial  needs  of  their 
offices  for  the  ensuing  year, 

(d)  The  manner  in  which  the  county  treasurer  shall  disburse  the 
funds  of  the  county, 

(e)  Such  other  regulations  as  shall  be  necessary  to  secure  the  efficient 
conduct  of  the  affairs  of  the  county  and  its  several  offices. 

Section  249.  Application  of  certain  laws.  All  general  and  special  laws 
applicable  to  the  county  shall  remain  in  full  force  and  effect  except  in  so 
far  as  they  are  in  conflict  with  this  article. 

Section  2.     This  act  shall  take  effect  immediately. 


D 


PROCEEDINGS 


OF  THE 


Conference  for  the  Study  and 

Reform  of  County 

Government 


SECOND  MEETING,  JAN.  22,  1914 

AT    THE    CITY    CLUB 

NEW  YORK  CITY 


THE  NEW  YORK  SHORT  BALLOT  ORGANIZATION 

383  Fourth  Avenue,  New  York  City 


PROCEEDINGS 

OF   THE 

Conference  for  the  Study  and  Reform 
of  County  Government 


SECOND  MEETING  JANUARY  22,  1914,  AT  THE  CITY  CLUB 

NEW  YORK  CITY 


COUNTY  MANAGEMENT  IN  NEW  JERSEY 

MR.  WINSTON  PAUL, 
Secretary,  Citizens'  Federation  of  Hudson  County,  N.  J. 

As  I  understand  it,  the  spirit  of  this  meeting  is  scientific 
rather  than  popular,  and  it  is  my  duty  or  object  here  tonight  to 
make  a  scientific  rather  than  a  popular  statement  of  the  real 
facts  connected  with  the  county  management  of  New  Jersey. 

Now,  I  am  not  a  pessimist  and  I  am  interested  in  county 
government  professionally,  and  I  would  not  be  interested  in  it 
professionally  if  I  did  not  have  some  object  in  proving  it,  and  I 
am  making  the  statement  that  I  am  not  a  pessimist  at  the  outset 
so  that  when  I  frankly  dissect  the  county  managements  in  New 
Jersey  you  will  not  think  it  is  a  hopeless  case. 

The  first  and  the  important  board  or  governing  body  of  our 
counties  in  New  Jersey  is  known  as  the  Board  of  Chosen  Free- 
holders, which  corresponds  to  the  board  in  most  states  known  as 
the  Board  of  Supervisors.  This  board  has  charge  of  general 
county  matters.  It  has  charge  of  road  matters,  except  in  the  case 
of  the  Hudson  County  Boulevard.  There  are  also  other  excep- 
tions in  other  counties.  It  has  charge  of  all  the  county  institu- 
tions except,  in  Hudson  County,  the  Tuberculosis  Sanitarium, 
which  is  handed  over  to  an  independent  and  separate  board. 

So  down  the  line,  you  might  enumerate  a  great  many  differ- 
ent services  or  tasks  that  the  County  Board  of  Freeholders  is 
supposed  to  render,  but  you  will  always  find  added  numerous  ex- 
ceptions, with  the  result  that  despite  the  fact  that  this  is  osten- 


sibly  the  governing  power  in  the  county,  its  real  power  is  decid- 
edly limited.  I  should  say  that  when  you  come  to  the  final 
analysis  its  power  in  the  ordinary  county  is  only  about  fifty  per 
cent.,  or  something  like  that,  of  the  whole  government  of  the 
county. 

Disunity  of  County  Government 

I  have  drafted  a  schedule  or  chart  here  of  the  different 
county  boards  and  officials  in  an  ordinary  county  in  New  Jersey. 
I  have  found  that  they  get  their  power  from  three  sources ;  some 
are  elected,  some  are  appointed  by  the  courts,  some  are  appointed 
by  the  governor.  And  these  various  boards  and  commissions, 
appointed  from  three  sources  of  authority,  or  getting  their  au- 
thority from  three  different  sources,  supposedly  work  jointly  and 
in  harmony  in  the  governing  of  the  county.  You  can  imagine 
how  much  harmony  is  possible  under  such  circumstances;  how 
much  co-operation  of  a  helpful  and  constructive  nature  you  may 
expect.  For  example,  there  are  elected  by  the  people  the  register, 
surrogate,  county  clerk,  sheriff,  board  of  chosen  freeholders,  and 
the  Hudson  County  Boulevard  Commission,  which  has  charge  of 
just  one  big  road,  on  which  is  spent  over  $20,000  a  year — it  is 
twenty  miles  long.  In  addition  there  is  also  elected  the  county 
supervisor. 

There  is  appointed  by  the  courts  a  mosquito  commission  for 
the  extermination  of  mosquitoes;  every  county  has  its  commis- 
sion in  an  effort  to  stamp  out  the  mosquito.  They  are  allowed  to 
spend  mandatorily  a  certain  percentage  of  the  ratables  of  each 
county.  And  we  have  in  New  Jersey  jacked  up  our  taxation 
values  to  a  full  100  per  cent.,  so  that  it  is  really  a  considerable 
item. 

There  are  also  appointed  by  the  courts  what  are  known  as 
county  park  commissions,  in  addition  to  the  local  park  commis- 
sion of  the  city  ;  there  is  a  system  of  county  parks.  They  are  also 
given  a  certain  percentage  of  the  county  ratables  to  spend  on 
county  parks.  Then  there  are  various  other  commissions  of  this 
kind  appointed  by  the  courts. 

Appointed  by  the  governor,  there  are  the  prosecutor  of  the 
pleas,  corresponding  to  the  district  attorney  in  New  York  County, 
and  a  board  of  taxation,  which  is  a  board  of  etjualization  and  a 
board  of  review  from  decisions  of  local  boards.  There  is  also 
appointed  a  board  of  elections. 

The  Board  of  Chosen  Freeholders  appoint  a  great  many  dif- 


ferent  subsidiary  boards  and  officials.  I  say  subsidiary  boards ; 
some  are  actually  so  and  some  are  subordinate  only  until  they  get 
their  jobs,  and  then  proceed  to  make  themselves  independent.  So 
you  can  see  what  a  series  of  different  unrelated  boards,  commis- 
sions and  officials  we  have  to  work  out  a  harmonious  county  plan. 
The  County  Board  of  Chosen  Freeholders  is  given  the  task 
by  law  of  raising  all  funds  and  moneys  needed  for  the  mainte- 
nance of  the  county  government,  but  it  spends  less  than  half  of 
it.  It  has  to  raise  all  the  money,  and  if  the  tax  comes  up,  the 
County  Board  has  the  blame,  but  has  the  spending  of  only  part. 
You  can  see  how  far  we  can  progress  with  the  modern  idea  of 
responsibility  in  a  situation  of  that  kind. 

Extravagance  in  Salaries 

There  is  one  method  of  control  that  has  never  been  used  by 
the  County  Board  of  Freeholders  in  the  past.  The  law  provides 
that  the  County  Board  of  Freeholders  shall  fix  the  salaries  for 
employees  of  every  one  of  these  independent  offices;  I  mean  by 
that  the  surrogate,  register,  county  clerk,  etc.  Those  offices  in 
New  Jersey — particularly  in  my  own  county  of  Hudson,  which 
includes  Jersey  City,  Hoboken,  Bayonne  and  other  cities  across 
the  river — are  run  with  frightful  extravagance.  The  number  of 
employees  and  the  salaries  are  extremely  excessive.  I  made  a 
comparison  btween  Hudson  County  and  other  counties  of  similar 
size  and  wealth,  and  I  found  that  we  had  twice  as  many  em- 
ployees as  other  counties  had — and  they  had  none  too  few — and 
we  were  paying  salaries  far  in  excess  of  them.  The  Board  of 
Chosen  Freeholders  is  really  responsible  for  that  situation,  for 
the  law  provides  that  it  shall  fix  the  salaries  of  every  one  of  the 
subordinate  officials  employed  in  these  county  offices.  But  it  is 
hard  to  fix  that  responsibility.  You  may  make  the  Board  of  Free- 
holders responsible,  but  it  is  a  different  thing  to  get  them  to  do 
what  they  should,  and  it  is  a  far  different  thing  to  get  the  public 
to  realize  that  the  continuance  of  that  system  is  as  much  up  to 
them  and  to  the  Board  of  Freeholders  as  to  the  county  official  who 
wishes  to  fill  his  office  with  political  hangers-on.  The  whole  sys- 
tem is  one  designed  to  divide  responsibility. 

The  Small  Board  Plan 

Now  for  the  last  couple  of  years  there  has  been  a  movement 
for  reorganization  of  county  government  in  New  Jersey.  Some 
time  ago,  in  reference  to  that  movement  for  the  reorganization  of 

3 


county  government,  quite  a  number  of  the  twenty-one  counties  in 
New  Jersey  voted  to  substitute  for  their  large  and  unwieldy 
county  Board  of  Freeholders,  who  were  in  the  past  elected  from 
the  various  districts  in  the  county — so  that,  for  example,  in  my 
own  county  we  had  thirty-one  freeholders — a  small  group  of  free- 
holders, from  five  to  nine,  to  be  held  in  greater  responsibility.  So, 
many  counties  voted  the  large  boards  out  of  office  and  substituted 
a  board  of  nine  freeholders,  three  to  be  elected  each  year.  The 
advocates  of  the  new  form  of  government  asserted  that  it  would 
fix  responsibility  more  effectively,  and  for  that  reason  it  was  op- 
posed by  the  machine  politicians.  The  results  have  not  been  as 
satisfactory  as  the  proposers  of  the  plan  had  expected.  It  is 
already  apparent  that  the  habits  of  extravagance  of  the  former 
boards  have  been  handed  down  and  adopted  by  the  new  small 
boards.  There  is  also  the  same  fact  which  has  frequently  served 
to  prevent  increased  efficiency  in  city  government,  particularly 
under  commission  government,  that  the  citizens  of  the  county 
have  thought  that  by  the  simple  adoption  of  a  certain  form  of 
government,  they  could  by  that  fact  alone  secure  an  efficient  and 
economical  government.  Better  government  is  obtained  only  by 
better  officials  guided  by  proper  supervision  of  the  citizens. 

But  the  interesting  situation  is  that  with  the  exception  of 
the  two  large  counties,  Hudson  and  Essex,  the  Supreme  Court  has 
declared  it  unconstitutional.  The  whole  problem  is  now  before 
the  legislature  of  putting  back  into  of!ice  as  before  the  court  de- 
cision the  small  boards  of  freeholders  which  in  a  great  many  of 
the  counties  they  decided  by  majority  vote  they  wanted,  but 
which  was  declared  unconstitutional,  so  that  the  whole  question 
is  now  open  in  New  Jersey.  The  Governor  has  considered  in  his 
annual  message  the  matter  of  furnishing  a  system  of  responsible 
government  to  those  counties  whose  officials  were  forced  out  of 
office  by  the  adverse  court  decision.  I  do  not  know  what  form  it 
will  take.  I  may  have  something  to  do  with  the  bill  before  it  is 
finally  passed,  but  the  whole  thing  just  now  in  New  Jersey  is 
thrown  open  for  new  legislative  action  because  of  the  failure  to 
give  the  small  bodies  desired.  But  it  is  only  a  drop  in  the  bucket. 
So  long  as  we  allow  independent  elected  officials  to  have  the  power 
and  independent  position  they  have  at  the  present  time,  county 
government  will  be  a  farce. 

As  regards  the  personnel  of  these  new  small  boards,  it  has 
been  extremely  unsatisfactory.  Men  of  high  type  have  not  been 
elected  to  the  small  boards  in  New  Jersey ;  I  am  sorry  to  have  to 


say  so  because  we  had  hoped  it  would  be  otherwise.  The  mem- 
bership is  still  composed  largely  of  saloon-keepers  and  plumbers. 
These  classes  seem  to  have  a  particular  interest  in  county 
government. 

It  is  to  Mr.  Wittpenn,  who  was  formerly  mayor  of  the  city 
and  is  now  leader  of  the  county  democracy  which  is  in  power,  that 
we  really  owe  what  little  improvement  we  have  had  in  county 
government  under  the  small  board.  The  am.ount  of  graft,  ex- 
travagance and  inefficiency  under  the  larger  board  of  freeholders 
was  tremendous.  You  have  no  idea  of  the  state  of  affairs  in 
Hudson  County ;  in  fact  there  was  serious  thought  of  a  vigilance 
committee  to  cope  with  the  situation.  We  have  cut  out  the  big 
rra';t,  but  the  loss  and  waste  through  inefficiency,  which  is  tre- 
mendous, still  continues  in  our  county  government,  and  it  seems 
impossible  to  make  any  impression  upon  the  dominant  Wittpen 
organization  to  correct  that  situation. 

A  County  Executive — the  "Supervisor" 

In  conclusion,  in  my  analysis  of  the  form  of  county  govern- 
ment in  New  Jersey,  I  want  to  call  your  attention  to  one  office 
which  I  have  not  mentioned  before — the  office  of  county  super- 
visor— which  is  rather  unique  in  county  government,  and  which 
office  is  at  present  in  only  two  of  our  counties — Hudson  and 
Essex,  the  two  first  class  counties.  The  county  supervisor  is,  as 
his  name  implies,  the  supervisor  of  all  county  matters.  By 
statute  he  is  given  the  duty  of  exercising  constant  oversight  and 
watchfulness  in  all  county  affairs,  is  required  from  time  to  time 
to  communicate  with  the  board  of  freeholders  about  county  finan- 
cial matters  and  about  general  county  affairs.  He  is  given  a  veto 
power  over  any  and  every  resolution  in  the  Board  of  Freeholders ; 
any  resolution  so  vetoed  requires  a  two-thirds  vote  to  pass  over 
his  veto.  He  is  able  to  suspend  any  official  who  is  not  doing  his 
duty,  but  can  suspend  only  for  thirty  or  sixty  days,  when  the 
Board  of  Freeholders  must  take  action  either  affirming  or  over- 
riding his  suspension.  The  office  of  supervisor  was  created  by 
statute  in  1900  and  has  been  in  operation  thirteen  years. 

During  all  that  time  there  is  to  my  knowledge  only  one 
supervisor  in  either  of  the  two  big  counties  who  has  really  exer- 
cised the  power  of  that  office,  and  that  is  the  present  supervisor 
in  Hudson  County.  He  took  office  and  at  once  made  it  a  real  vital 
force  in  the  affairs  of  Hudson  County.  Freedom  from  control 
and  power  to  gain  public  attention  to  his  office,  make  him  an  ex- 


tremely  important  official,  if  he  will  use  that  vital  power  which  he 
has  in  his  office ;  but  as  I  say,  the  office  has  been  a  useless  one  for 
a  great  many  years.  It  only  needs  a  strong,  aggressive,  coura- 
geous officer  to  show  that  the  office  is  a  wonderfully  effective 
instrument  in  promoting  efficiency  and  economy  in  our  county 
government.  But  in  the  final  analysis,  the  power  of  the  office  is 
largely  personal,  is  largely  a  matter  of  sentiment,  though  the  law 
itself  gives  wide  powers,  so  that  supervisor  is  really  the  only 
check  on  the  Board  of  Freeholders.  The  fundamental  and  essen- 
tial power  of  county  government  rests  in  the  Board  of  Chosen 
Freeholders,  with  the  great  limitations  which  I  expressed  at  the 
beginning  of  my  remarks. 

Proposed  Unification  of  Powers 

Now  I  understand  that  these  conferences  are  called  not  only 
for  analysis  of  the  present  system  and  method  of  government  of 
counties,  but  also  for  a  program  of  reform.  It  is  my  proposal  in 
New  Jersey  that  we  put  out  of  office  the  various  independent  and 
unrelated  county  boards  and  all  this  host  of  independent  elected 
officials,  and  put  all  the  power  for  governing  the  county  in  a  small 
board  of  freeholders ;  give  them  absolute,  complete  and  thor- 
ough-going power  to  run  the  counties,  and  hold  them  absolutely 
responsible.  It  seems  to  me  that  the  situation  is  farcical  where 
one  group  is  required  to  raise  money  for  government  and  then 
have  the  spending  of  only  a  very  small  percentage  of  that  amount. 


COUNTY   MANAGEMENT   OF   CHARITIES   AND   SPECIAL 
INSTITUTIONS  IN  OUR  OWN  STATE 

MR.  BAILEY  B.  BURRITT, 
Of  the  Association  for  Improving  the  Condition  of  the  Poor. 

Like  the  previous  speaker,  I  am  more  or  less  optimistic 
about  county  government,  but  my  optimism  grows  out  of  the  fact 
that  at  the  present  time  it  is  about  as  bad  as  it  can  be  and  any 
change  at  all  will  be  for  the  better,  and  it  is  inconceivable  that  we 
will  go  through  our  next  constitutional  convention  without  con- 
sidering the  problem. 

The  County  Almshouse 

Most  important  of  county  institutions  is  the  alms-house,  and 
its  evolution  has  been  very  interesting.  Starting  back  in  the 
early  part  of  the  last  century  we  began  to  build  alms-houses  in  all 


the  counties  of  this  State.  About  that  time  similar  institutions 
were  growing  up  in  England  under  the  name  of  workhouses,  for 
the  purpose  of  providing  institutions  in  which  some  of  the  poor 
who  had  to  be  provided  for  could  be  taken  care  of  and  provided 
with  work  on  a  farm,  and  in  that  way  lessen  the  cost  to  the 
county. 

It  very  soon  grew  into  an  institution  for  all  sorts  and  condi- 
tions of  men,  women  and  children.  If  you  went  into  an  alms- 
house in  any  of  the  counties  of  this  State  as  recently  as  the  '70s 
of  the  last  century,  you  would  have  found,  for  example,  a  mixture 
of  the  aged,  who  were  in  the  alms-house  simply  because  they 
were  old  and  misfortune  had  come  to  them,  and  they  had  lost 
their  money  and  were  therefore  obliged  to  spend  their  last  days 
in  the  alms-house.  In  addition,  you  would  find  children  of  all 
ages,  beginning  with  infants.  A  large  number  of  infants,  espe- 
cially illegitimate  children,  would  be  housed  in  the  same  building 
and  would  be  cared  for  promiscuously  with  the  older  groups. 
You  would  also  find  large  numbers  of  the  insane,  as  there  was  no 
separate  provision  for  the  insane  at  that  time  and  when  a  person 
was  found  to  be  insane  he  was  simply  committed  to  the  alms- 
house like  the  poor.  So  with  the  epileptic  and  feeble-minded  and 
every  class  of  dependent  vagrant  and  inebriate.  It  was  a  verita- 
ble dumping-ground  for  all  sorts  and  conditions  of  humanity. 

Beginning  in  the  '70s,  and  starting  in  Westchester  County 
in  this  State,  a  movement  originated  to  improve  the  conditions  in 
the  alms-houses  throughout  the  State.  A  strong  voluntary  com- 
mittee was  organized  in  Westchester  County,  and  the  first  vigor- 
ous movement  made  towards  improving  conditions  in  the  alms- 
houses was  to  forbid  the  committing  of  children  to  alms-houses. 
It  was  a  long  fight  but  it  finally  succeeded,  and  the  first  reform  of 
importance  in  the  alms-house  administration  of  this  State  was  in 
the  removal  by  law  of  children  from  the  alms-house.  There  next 
grew  up  a  movement  that  spread  over  the  whole  State  and  lasted 
for  several  years,  and  is  still  going  on ;  that  was,  to  make  a  provi- 
sion for  the  insane.  And  reform  of  the  alms-house  as  we  have 
seen  it  from  that  day  to  this  has  been  largely  in  the  direction  of 
the  removal  of  special  groups  of  cases  from  the  alms-houses  and 
the  care  of  those  cases  in  the  state  institutions.  We  thus  devel- 
oped state  institutions  for  the  insane  and  gradually  began  to  get 
the  insane  from  the  alms-houses  into  the  institutions,  and  that 
improved  county  alms-houses  by  getting  rid  of  cases  for  which 
they  had  no  means  of  providing  and  was  also  an  improvement  for 

7 


the  insane,  because  it  enabled  them  to  receive  some  degree  of 
care.  The  next  movement  was  for  the  feeble-minded.  We  now 
have  state  institutions  for  the  feeble-minded  but  still  are  in  the 
midst  of  that  movement  and  still  have  large  numbers  of  feeble- 
minded scattered  throughout  the  State  in  alms-houses.  Similar 
institutions  are  being  built  for  epileptics ;  there  is  a  large  institu- 
tion in  the  western  part  of  the  State,  a  State  institution,  and  we 
are  developing  one  in  the  eastern  part. 

We  are  also  providing  for  vagrants  outside  of  alms-houses. 
Two  years  ago  a  law  was  passed  making  it  illegal  to  commit 
vagrants  to  alms-houses,  but  up  to  two  years  ago  justices  of  the 
peace  were  sending  vagrants  to  them  and  they  were  being  cared 
for  there  with  the  aged  respectable  poor.  We  are  still  sending 
most  of  our  habitual  drunkards  and  inebriates  to  the  alms-houses, 
which  are  the  only  places  where  they  can  go  unless  they  are  sent 
to  the  penitentiary. 

The  Public  Health  Movement  in  the  Counties 

So  that  the  improvement  in  alms-houses  in  this  State  has 
been  largely  in  the  direction  of  segregation  of  special  types  in 
State  institutions.  In  addition  there  is  a  movement  going  on  at 
the  present  time  to  get  out  cases  of  tuberculosis.  During  the 
past  four  or  five  years  there  has  been  a  remarkable  campaign  for 
institutions  for  persons  sick  of  tuberculosis.  It  has  been  a  public 
health  movement,  a  movement  away  from  the  pauper  idea  of 
caring  for  the  sick.  One  of  the  difficulties  in  caring  for  the  sick 
in  county  alms-houses  is  that  you  cannot  get  people  who  need 
care  to  go  to  an  institution  because  it  is  a  pauper  institution,  so 
the  movement  has  grown  up  to  secure  special  institutions  more 
on  a  public  health  basis  than  on  a  pauper  basis  for  the  care  of 
tuberculosis,  and  we  have  now  in,  I  should  say,  about  one-half  the 
counties  of  the  State  special  hospitals  for  tuberculosis,  or  a  provi- 
sion already  started,  or  sites  have  been  selected,  if  institutions 
have  not  been  built.  In  other  words,  we  are  in  the  midst  of  an 
active  campaign,  spread  over  the  State,  to  care  for  tubercular  sick 
outside  of  alms-houses.  That  leaves  in  the  alms-houses  solely 
those  people  who  must  be  cared  for,  the  aged,  some  chronic  sick 
whom  we  have  not  provided  for  in  any  special  hospital,  such  as 
chronic  heart  cases,  rheumatism  and  cancer  and  the  worst  types 
of  chronic  diseases,  together  with  the  inebriates  and  the  va- 
grants, for  whom  we  still  have  not  made  enough  provision.  As 
you   know,   we  have  now   the  first  farm   site  selected   for  the 


vagrants,  and  undoubtedly  we  will  move  in  the  direction  of  mak- 
ing sufficient  provision  for  vagrants. 

Loose  Administration  of  Poor  Affairs 

The  alms-house  itself  is  under  the  supervision  of  a  superin- 
tendent of  the  poor  in  each  county  of  the  State,  but  he  is,  of 
course,  directly  responsible  to  the  Board  of  Supervisors.  There 
is  an  alms-house  committee  of  the  Board  of  Supervisors,  which 
has  nominal  direction  of  the  alms-house.  There  is  no  attempt  to 
make  up  a  budget  for  the  alms-house.  In  many  instances  there 
is  no  proper  auditing  of  the  bills,  and  the  whole  administration  of 
the  alms-house  itself  is  in  a  very  unsatisfactory  condition.  We 
have,  for  example,  in  almost  no  county  of  the  State  up  to  this 
time  an  adequate  provision  for  a  physical  examination  of  persons 
who  go  to  the  alms-house  so  that  we  can  tell  with  any  degree  of 
assurance  what  their  physical  condition  is.  Nor  have  we  any 
satisfactory  record  or  investigation  to  know  whether  the  cases 
are  alms-house  cases  or  not,  to  find  out  whether  friends  and  rela- 
tives can  care  for  them.  We  have  a  very  loose  policy  of  taking 
into  the  alms-house  almost  any  one  who  comes  along  who  thinks 
he  needs  some  care  and  is  willing  to  stay  there. 

The  Poor  of  the  Towns 

Admission  to  the  alms-house,  a  county  institution,  is  inex- 
tricably tied  up  with  our  town  system,  and  it  is  almost  impossible 
to  discuss  the  charitable  work  of  a  county  without  discussing  the 
Board  of  Overseers  of  the  Poor  of  the  town.  In  many  counties  we 
have  perhaps  as  high  as  twenty  or  forty,  sometimes  as  high  as 
fifty,  overseers  of  the  poor  scattered  all  over  the  county,  each 
one  of  whom  has  power  to  commit  cases  to  the  alms-house.  These 
overseers  of  the  poor  are  always  third-rate  politicians  in  the  town 
who  have  done  a  little  something  for  their  party  and  are  put  on 
the  ticket  for  that  reason.  There  is  a  lack  of  co-ordination 
throughout  the  county — an  absolute  lack  of  standards — one  man 
commits  from  one  town  on  one  standard  and  with  one  standard  of 
investigation,  and  in  another  town  there  are  entirely  different 
standards,  and  many  towns  have  absolutely  no  standards.  I  was 
visiting  last  year  in  an  alms-house  in  a  county  not  far  from  New 
York  and  was  told  by  the  superintendent  that  one  of  the  over- 
seers came  to  the  institution  so  drunk  that  both  he  and  the  man 
he  was  bringing  had  to  be  kept  over  night.  The  overseers  are 
raid  on  a  per  diem  basis  and  usually  make  any  little  item  of  work 


t 


a  day's  work.  Two  cases  never  go  on  the  same  day  because  they 
get  only  one  day's  pay.  They  take  one  one  day  and  the  other  the 
next.  So  that  there  is  absolutely  no  provision  in  our  present  form 
of  county  management  of  our  charitable  work  for  establishing 
standards  of  co-ordination.  Some  system  should  be  developed  of 
looking  into  the  cases  which  come  to  the  alms-house — of  investi- 
gating their  circumstances,  finding  out  whether  they  are  resi- 
dents of  the  county  or  not,  and  finding  out  the  conditions  of  their 
friends. 

Before  I  leave  the  alms-house,  however,  I  want  to  say  that 
the  cases  cared  for  in  the  alms-houses  are  in  part  county  cases  and 
in  part  State  cases.  We  have  what  are  known  as  State  district 
alms-houses  in  this  State,  which  care  for,  at  State  expense  but  in 
certain  designated  county  institutions,  persons  in  the  county  who 
are  destitute  but  have  been  in  the  county  less  than  three  months 
and  who  have  not  been  in  the  township  for  a  long  enough  period 
to  be  legal  town  charges.  Persons  who  have  been  in  the  county 
for  more  than  three  months  but  less  than  a  year  are  cared  for  at 
the  expense  of  the  county,  but  where  they  have  resided  in  the 
township  more  than  a  year  they  are  cared  for  by  the  town.  As  a 
general  condition  but  not  universally,  boards  of  supervisors  have 
authority  to  abolish  town  poor  at  any  time  and  make  all  poor 
county  charges,  and  in  some  counties  have  done  so. 

Local  Penal  Institutions 

In  addition  to  the  alms-houses,  there  are  local  penal  institu- 
tions, and  the  evolution  of  the  local  penal  institution  has  been 
almost  identical  with  that  of  the  alms-house.  We  have  never  had 
satisfactory  local  penal  institutions.  The  only  satisfactory  out- 
come is  toward  State  penal  institutions.  The  establishment  of 
State  reformatories.  State  prisons.  State  farms  for  vagrants,  the 
movement  towards  special  institutions  for  inebriates,  all  point 
toward  the  time  when  the  penal  institutions  will  be  State  institu- 
tions. It  is  scarcely  possible  for  the  county  to  maintain  satisfac- 
tory penal  institutions  for  any  but  the  very  short-time  cases. 

In  addition  to  the  penal  institutions  and  the  alms-houses.  I 
have  already  spoken  of  the  county  tuberculosis  hospital,  which 
has  been  a  recent  growth.  The  management  differs  from  that  of 
the  alms-house  in  that  it  is  governed  by  a  board  of  managers  of 
five  persons,  appointed  so  that  one  retires  each  year,  and  two  of 
the  five  must  be  physicians.  They  are  appointed  by  the  board  of 
supervisors,  which  is  a  weak  point.     We  have,  as  you  know,  no 

10 


satisfactory  appointing  power  in  county  government.  It  is  un- 
satisfactory to  have  the  board  of  supervisors  appointing,  as 
nobody  is  responsible.  Everyone  can  dodge.  We  have  succeeded 
in  getting  fairly  good  boards  of  managers  of  our  county  tubercu- 
losis sanitarium,  but  it  is  in  spite  of  our  system  of  county  govern- 
ment rather  than  because  of  it  that  we  have  done  so.  It  is  similar 
in  the  alms-house.  I  do  not  look  for  any  material  improvement  in 
our  alms-house  conditions  until  we  change  our  method  of  county 
government,  until  we  provide  for  the  appointment  of  the  county 
superintendent  of  the  poor  instead  of  his  election,  and  until  we 
provide  a  county  government  which  has  an  appointing  power  that 
is  responsible  to  the  county  government,  with  a  responsible  head 
as  the  appointing  power.  More  than  that,  I  am  quite  sure  in  the 
case  of  the  town  overseers  of  the  poor  who  are  now  responsible 
for  sending  these  cases,  that  there,  too,  we  shall  need  centraliza- 
tion. The  county  superintendent  of  the  poor  if  he  is  to  have 
charge  of  the  county  institutions  ought  to  have  charge  also  of 
saying  who  should  go  to  the  county  institutions  to  be  cared  for. 
In  other  words,  the  work  now  done  would  be  better  done  if  done 
by  deputies  appointed  by  the  superintendent  of  the  poor.  We 
should  have  the  whole  work  definitely  centralized  and  with  one 
person  definitely  responsible  in  case  of  difficulty. 

The  Care  of  Children 

We  have  also  the  problem  of  the  care  of  children  in  our 
county  government,  which  is  another  big  problem.  I  was  told  by 
the  superintendent  of  the  poor  of  one  of  the  counties  of  this  State 
only  last  week  that  upon  coming  into  office  large  bills  had  been 
presented  to  him  for  the  care  of  children  in  special  institutions 
which  had  become  a  county  charge,  with  absolutely  no  record  of 
the  cases  in  the  office  of  the  county  superintendent  of  the  poor, 
in  spite  of  the  fact  that  the  law  requires  such  a  record.  These 
bills  in  some  instances  ran  back  some  years.  It  is  that  kind  of 
loose  administration  that  we  have  to  contend  with  at  the  present 
time.  We  have  in  the  case  of  children  not  only  the  town  over- 
seers of  the  poor  but  the  justices  of  the  peace  scattered  over  the 
county,  and  about  as  many  as  the  overseers  of  the  poor,  who  have 
power  to  commit  children ;  add  forty  overseers  of  the  poor  to  the 
justices  of  the  peace  and  you  get  eighty  individuals  with  power 
to  commit  children  to  institutions,  and  you  can  see  it  is  a  veritable 
hodge  podge  and  bills  for  the  care  of  children  are  likely  to  pile  up. 

There  has  been  a  movement  in  various  counties  of  the  State 

11 


to  improve  the  method  of  committing  children,  which  is  becoming 
a  serious  matter  and  increasing  measurably  the  tax  rate  in 
counties.  In  most  instances  they  are  committed  to  private  insti- 
tutions. There  are  very  few  institutions  maintained  at  public 
expense  for  the  care  of  children  and  they  are  chiefly  State  institu- 
tions. The  payment  is  sometimes  on  a  per  capita  and  sometimes 
on  a  per  diem  basis,  and  sometimes  at  a  lump  sum  per  week.  In 
some  of  the  counties  of  the  State,  citizens  have  combined  with 
the  board  of  supervisors  in  providing  a  county  agent  whose  busi- 
ness has  been  to  look  into  all  cases  of  children  and  make  recom- 
mendations with  regard  to  their  disposition.  This  agent  also 
wherever  possible  after  thorough  investigation  of  the  circum- 
stances, frequently  finds  an  opportunity  for  getting  a  child 
adopted  or  getting  it  cared  for  in  some  family  without  making  it 
a  public  charge.  This  has  resulted  in  very  greatly  improving  con- 
ditions in  those  counties,  not  only  in  the  care  which  is  taken  in 
disposing  of  the  cases,  but  also  it  has  actually  lessened  the  num- 
ber of  children  who  have  been  cared  for,  so  that  the  county, 
including  the  salary  of  the  agent  doing  the  investigating  as  part 
of  the  expense,  has  measurably  reduced  taxes  for  the  care  of 
children. 


THE  ABOLISHMENT  OF  THE  CORONER'S  OFFICE 

By  JOSEPH  DU  VIVIER, 
Assistant  District  Attorney  in  New  York  County. 

You  have  asked  me  to  speak  on  the  abolishment  of  the  coro- 
ner's office.  In  accepting  your  invitation  permit  me  to  state  at 
the  outset  that  I  appear  before  you  in  no  official  capacity,  nor  do 
I  speak  for  the  great  public  servant  who  is  my  official  chief.  The 
opinions  that  I  shall  express  are  my  own  and  those  of  no  one  else. 

Nor  must  anything  that  I  say  be  construed  as  a  criticism  of 
all  men  connected  with  the  coroner's  service  of  this  city.  In  that 
office,  like  every  other  large  city  office,  there  are  faithful  and  hon- 
est officials  who  are  trying  to  do  their  duty.  My  relation  to  them 
has  been  a  cordial  one,  and  it  would  be  unfortunate  if  anything 
that  I  might  say  were  construed  as  an  unjust  criticism  of  their 
official  conduct. 

I  wish  to  speak  of  the  coroner's  office  as  an  institution  in  our 
system  of  county  government.  That  it  is  an  outworn  relic  of  the 
past,  an  obstruction  in  the  administration  of  justice  in  criminal 


matters,  and  a  great  and  unnecessary  expense,  is  apparent  to 
those  who  have  made  a  study  of  the  question. 

This  may  not  be  clear  to  all  of  you,  and  it  has  seemed  to  me 
that  the  experience  of  one  who  has  had  opportunity  at  first  hand 
of  seeing  the  system  in  operation  might  be  of  value.  What  I  shall 
have  to  say  shall  be  based  on  my  own  actual  experience  in  the 
County  of  New  York.  It  will  be  for  you  to  say  whether  my  ex- 
perience is  typical  of  ^the  experience  of  others,  and  whether  the 
coroner's  office  in  the  County  of  New  York  is  representative  of 
the  institution  in  other  portions  of  the  State. 

Decline  in  the  Quality  of  Coroners 

As  you  know,  the  coroner  is  a  very  ancient  officer  of  the  law. 
I  was  reprimanded  once  by  one  of  our  learned  coroners  who  wished 
me  to  be  reminded  that  the  office  dated  from  the  time  of  Alfred 
"the  second."  In  ancient  time  the  coroner  was  the  representative 
of  the  King,  chosen  for  life,  and  the  Lord  Chief  Justice  of  the 
King's  Bench  was  the  principal  coroner  of  the  Kingdom.  It  is 
probable  that  life  tenure  and  the  trappings  of  royalty  secured 
the  service  of  a  competent  official,  but  if  so,  times  have  changed, 
and  I  know  of  no  more  incompetent  and  inefficient  public  servant 
in  the  State  the  present  day.  The  office  attracts  no  man  of  ambi- 
tion, no  professional  man  of  self  respect,  and  rarely  a  public 
servant  of  common  intelligence.  In  the  last  12  years  it  has  been 
the  refuge  of  ignorant  men  and  the  home  of  politicians  incapable 
of  obtaining  higher  office.  Some  of  the  coroners  have  been  dis- 
honest; some  of  them  have  been  ignorant;  and  all  of  them  have 
been  unskilled  in  criminal  investigation.  At  one  period  when  I 
was  especially  in  touch  with  the  Coroner's  Court  we  had  as  mem- 
bers of  the  Board  of  Coroners  two  perennial  office  seekers,  a  good 
natured  doctor  of  limited  intelligence  and  a  plumber.  They  were 
succeeded  by  two  inconspicuous  doctors  of  limited  intelligence 
and  no  experience,  an  undertaker  and  a  stonemason.  An  exami- 
nation of  the  list  of  coroners  for  the  last  12  years  fails  to  disclose 
the  name  of  one  official  fitted  to  perform  any  judicial  service  in  a 
competent  manner. 

The  work  performed  by  the  coroners  is  in  keeping  with  the 
character  of  those  who  perform  it.  By  a  provision  of  the  New 
York  City  Consolidation  Act  (Sec.  1773)  in  every  case  where  a 
person  dies  from  criminal  violence,  or  by  a  casualty,  or  suddenly, 
or  unattended  by  a  physiciari,  or  in  a  prison,  or  in  ayiy  suspicious 
or  unusual  manner,  an  inquest  must  be  held.     This  means  that 

13 


many  cases  are  investigated  that  require  no  investigation,  and 
much  money  is  spent  in  a  fooHsh  way.  To  die  suddenly  or  unat- 
tended by  a  physician  is  a  common  occurrence  in  a  great  city. 
Unless  there  is  some  reason  to  suspect  that  a  crime  has  been 
committed  it  is  a  waste  of  time  to  investigate  such  a  death. 
To  fall  out  of  a  window  is  surely  an  unusual  manner  of  dying,  but 
it  is  almost  impossible  to  conceive  criminal  responsibility  from 
such  an  event. 

Permit  me  to  quote  from  some  of  the  annual  reports  of  the 
Board  of  Coroners : 

"A  young  woman  who  was  riding  in  a  Lexington  Avenue  car  was  struck 
on  the  left  side  of  the  back  of  her  head  by  a  flying  piece  of  plate  glass,  which 
entered  the  base  of  her  skull  to  the  depth  of  six  inches.  She  was  removed 
in  an  unconscious  condition  to  the  hospital  and  remained  in  this  state  for  five 
hours,  when  she  regained  consciousness.  She  asked  where  she  was  and  then 
said  she  remembered  having  heard  a  loud  report,  but  knew  nothing  more 
until  she  awoke  and  found  herself  in  Bellevue  Hospital.  She  was  able  to  put 
up  her  hair,  and  move  her  arms  and  legs  in  the  bed  for  five  days,  when  she 
died." 

"A  man  while  in'  bathing  at  one  of  our  city  baths  was  accidentally 
kicked  and  scratched  by  the  toe-nail  of  a  companion  swimmer.  The  limb 
became  infected  and  sepsis  set  in,  resulting  in  the  death  of  the  man." 

On  September  21,  1907,  "an  Italian,  while  celebrating  a  religious  fes- 
tival on  the  roof  of  his  home  in  Harlem,  set  off  a  large  fire  cracker,  which 
happened  to  contain  an  extraordinary  charge  of  powder.  The  shock  was  of 
sufficient  violence  to  cause  him  to  fall  heavily  to  the  roof.  In  falling  he  sus- 
tained a  fracture  of  the  skull,  which  proved  fatal." 

"An  express  wagon  loaded  with  trunks  was  crossing  the  Brooklyn 
Bridge.  The  horse  became  alarmed  at  the  clanging  of  the  bell  of  an 
approaching  car  and  shied,  causing  the  wagon  to  strike  the  five-foot  wall  of 
the  bridge.  One  of  the  trunks  became  dislodged,  toppled  over  the  wall,  and 
in  its  descent  to  the  street  below  struck  a  little  girl,  killing  her  instantly." 

"A  boy,  fifteen  years  of  age,  employed  by  an  insurance  company,  while 
in  a  frolic  with  a  number  of  his  associates  in  the  office  was  attempting  to  flee 
from  some  girls  who  wanted  to  kiss  him  in  celebration  of  his  birthday.  He 
stumbled  and  fell  and  an  ink  eraser  which  he  carried  in  his  vest  pocket  pene- 
trated his  heart." 

A  study  of  the  day  calendar  of  any  Coroner's  Court  on  any 
day  will  furnish  some  idea  of  the  legal  trash  there  disposed  of. 
I  hold  in  my  hand  the  day  calendar  for  last  Tuesday,  January  20. 
It  is  a  list  of  eight  cases  heard  by  a  coroner  on  that  day.  There 
is  but  one  case  in  which  a  crime  might  have  been  committed.  The 
day  calendar  of  the  day  before  contains  14  cases,  and  one  case 
of  importance. 

It  will  be  seen  that  these  cases  that  I  have  cited  on  their  very 
face  negatived  any  criminality.  There  was  obviously  nothing  to 
indicate  that  anybody  was  responsible  in  law  for  these  unfor- 
tunate occurrences,  and  yet  untrained  officials  were  paid  with 
real  money  by  the  taxpayers  of  this  city  to  ponderously  deter- 
mine what  was  apparent  at  the  outset  to  anybody. 

14 


The  extent  to  which  this  is  true  may  be  indicated  by  some 
statistics.  In  the  seven  years  covered  by  the  period  from  1906  to 
1912,  inclusive,  there  have  been  an  average  number  of  5,631 
deaths  reported  to  the  coroner's  office  of  the  County  of  New  York. 
The  average  number  of  deaths  from  natural  causes  have  been 
3,205  per  year,  and  the  average  number  of  deaths  of  a  violent 
character  have  been  2,425  per  year.  In  other  words,  the  figures 
indicate  that  approximately  three  deaths  in  five  require  no  inves- 
tigation. I  consider  the  fact  that  a  suspicious  death  may  be 
found  upon  proper  investigation  to  be  due  to  natural  causes,  but 
a  very  large  percentage  of  deaths  reported  to  the  coroner,  and 
investigated  by  him,  and  grouped  under  this  heading,  are  cases 
of  typhoid,  measles,  diphtheria,  tuberculosis,  apoplexy,  pneu- 
monia, nephritis,  and  the  hundred  and  one  diseases  that  human 
flesh  is  heir  to. 

Few  Cases  of  Criminal  Origin 

What  percentage  of  the  balance  was  worthy  of  the  serious 
attention  of  the  authorities  ?  It  is  apparent  upon  second  thought 
that  every  violent  death  is  not  necessarily  one  that  demands 
criminal  investigation.  A  man  who  falls  in  front  of  a  subway 
train  may  be  said  to  have  met  a  violent  death.  The  Italian  who 
showed  his  religious  enthusiasm  by  exploding  an  extraordinarily 
large  fire  cracker,  or  the  boy  who  fled  from  the  girls  who  wanted 
to  kiss  him  on  his  birthday,  were  the  victims  of  circumstances. 
No  injury  was  inflicted  that  the  law  would  recognize.  There  were 
accidents;  not  crimes. 

What  percentage  of  the  remaining  2,425  deaths  were  cases  in 
which  it  was  reasonable  to  suppose  that  a  crime  had  been  com- 
mitted ?  The  average  number  of  cases  filed  annually  by  the  coro- 
ners with  the  District  Attorney's  office  during  the  seven  years 
referred  to  were  583.  This  is  approximately  one-fifth  of  the 
number  of  violent  deaths,  and  only  10  per  cent,  of  the  total  num- 
ber of  all  deaths  reported.  In  other  words,  in  only  one  death  in  10 
was  there  sufficient  evidence  to  make  out  a  prima  facie  case,  £.nd 
to  justify  the  action  of  a  grand  jury. 

The  waste  and  extravagance  of  such  a  system  is  plain.  The 
annual  cost  of  the  coroner's  court  in  the  County  of  New  York 
(this  was  before  the  creation  of  Bronx  County)  was  approxi- 
mately $100,000  ($94,375).  Therefore,  it  costs  the  county  ap- 
proximately $200  for  each  of  the  500  cases  sent  to  the  District 
Attorney  for  his  attention.     As  a  matter  of  fact  the  estimate 

15 


is  a  conservative  one.  In  one-half  of  the  cases  filed  with  the  Dis- 
trict Attorney  the  defendant  was  not  apprehended;  he  was  not 
represented  at  the  hearing,  and  the  inquest  was  a  perfunctory 
and  valueless  proceeding. 

The  Cost  of  Inefficiency 

But  the  expense  and  waste  are  much  greater  than  these  fig- 
ures indicate.  Five  thousand  three  hundred  citizens  are  sub- 
poenaed annually  to  serve  as  jurors,  and  10,500  witnesses  are 
annually  examined.  It  is  the  expense  and  waste  of  badly  done 
and  ill-considered  work.  The  coroner  does  nothing  that  must  not 
be  done  over  again.  No  reliance  can  be  placed  on  anything  that 
he  has  done,  nor  can  he  be  trusted  to  do  anything  right.  Every 
case  in  which  there  may  be  criminal  responsibility  must  be 
v\^atched.  The  body  of  the  deceased  is  barely  cold  before  the 
experienced  prosecutor  begins  to  guard  against  the  probable  mis- 
takes of  the  coroner, — the  shifting  of  the  furniture  at  the  scene 
of  the  crime,  the  unskillful  handling  of  witnesses,  the  insuflficient 
identification  of  the  body  at  the  autopsy,  the  careless  identifica- 
tion of  the  bullet  or  knife,  or  poison,  or  the  clothes  worn  by  the 
deceased,  the  danger  of  newspaper  publicity,  the  observance  of 
the  technical  requirements  of  an  ante-mortem  statement,  the 
injury  from  unguarded  and  unrestricted  cross-examination  of  the 
people's  witnesses,  and  the  many  dangers  in  every  homicide  case 
of  importance. 

A  dispassionate  study  of  the  office  leads  one  to  the  inevitable 
conclusion  that  it  is  an  institution  of  government  wholly  unsuited 
to  the  needs  of  the  present  day.  It  is  obviously  expensive,  and 
clearly  inefficient.  In  some  cases  it  is  positively  dangerous  to 
thus  entrust  untrained  men  with  important  work.  In  a  work  I 
know  of  no  better  illustration  of  the  saying  of  Goethe  that — 
"Nothing  is  more  terrible  than  active  ignorance." 

Nor  do  I  underestimate  the  difl[iculty  of  the  task  that  you 
have  undertaken.  The  annual  cost  of  the  coroners  to  the  City 
of  New  York  is  $162,525.  The  annual  cost  through  the  State  is 
rroportionately  greater.  No  such  amount  of  political  patronage 
can  be  easily  destroyed.  The  coroner  is  strongly  entrenched,  and 
it  will  be  no  easy  task  to  dislodge  him.  All  the  power  and  the 
influence  of  degraded  politics  will  come  to  his  defense^  and  timid 
men  will  be  loath  to  attack  an  institution  that  their  reasons  con- 
demn. But  if  the  old  is  to  make  way  for  the  new,  if  the  archaic 
is  to  be  substituted  for  the  efficient,  if  the  principles  of  this  Asso- 

10 


ciation  are  true,  then  here  indeed  is  a  task  for  aggressive  and 
organized  men. 


DISCUSSION 


Mr.  R.  S.  Childs :  I  would  like  to  ask  Mr.  Paul  whether  New 
Jersey's  experience  can  furnish  anything  that  will  be  a  guide  to 
us  in  the  reform  of  reconstruction  of  county  government. 

Mr.  Paul:  I  am  convinced  from  our  investigation  in  New 
Jersey  that  a  reform  or  improvement  which  does  not  strike  at  the 
very  root  of  the  evil  is  useless.  To  be  explicit,  the  change  from 
our  large  boards  of  freeholders  throughout  the  State  to  our 
smaller  boards  of  freeholders  has  been  so  unsatisfactory  that  I 
am  very  much  of  the  opinion  that  that  is  the  kind  of  reform  which 
does  not  strike  at  the  root  of  the  evil,  so  I  would  suggest  to  Mr, 
Childs  and  to  those  of  you  who  are  planning  for  reconstruction  of 
the  county  government  in  New  York  that  you  work  out  a  thor- 
oughgoing plan  without  regard  to  whether  it  is  possible  to  get  it 
through  this  year  or  in  five  years ;  do  not  be  satisfied  unless  you 
do  a  whole  job ;  halfway  measures  or  a  change  from  a  large  to  a 
small  board  won't  do  the  job.  The  second  thing  is  this:  in  my 
opinion  what  we  ought  to  work  for  in  county  government  is  a 
responsible  head. 

Mr.  Childs :  As  a  matter  of  organization,  would  you  approve 
of  our  scheme  as  laid  out  in  the  bill  which  we  sent  out  before  this 
meeting,  of  a  small  board  of  supervisors  or  freeholders,  they  to 
hire  a  county  manager,  who  in  turn  has  all  the  appointive  power 
which  under  the  Constitution  it  is  possible  to  give  him  over  all 
statutory  minor  offices? 

Mr.  Paul :  As  a  matter  of  organization  I  would  approve  of 
it,  but  as  a  matter  of  expediency  I  would  disapprove  of  it.  I  am 
rather  in  favor  of  the  city  manager  plan,  but  am  afraid  that 
in  most  American  cities  you  cannot  efficiently  put  into  operation 
a  city  manager  plan  until  that  city  has  had  some  experience 
under  what  we  call  city  commission.  We  should  not  jump  too 
quickly  into  something  which  the  mass  of  the  voters  and  citizens 
are  unprepared  to  recognize  and  to  understand. 

Mr.  Childs:  Is  that  consistent  with  the  other  statement? 
You  say  your  objection  to  doing  this  is  that  you  think  the  whole 
thing  should  be  planned  out  ahead  and  put  into  effect  at  once. 

Mr.  Paul:  The  difficulty  is  this,  that  we  must  always  have 
our  ideal  clear.     The  trouble  in  county  government  is  that  we 

17 


have  a  vast  number  of  unrelated  independent  boards  and  officials, 
which  I  think  I  made  clear  in  my  remarks,  who  are  fundamentally 
agents  of  inefficiency.  What  I  meant  in  my  first  suggestion  was 
that  the  group  of  people  here  in  New  York  working  for  reform 
should  deal  with  the  whole  situation.  The  county  manager 
proposition  is  a  matter  of  abolishing  a  lot  of  boards  and  com- 
missions. They  are  two  entirely  different  problems.  One  is  cut- 
ting away  a  lot  of  worthless  trash,  built  up  into  a  huge  system  of 
inefficiency,  and  the  other  is  a  method  of  progressive  manage- 
ment which  you  know  as  well  as  I  do  may  be  very  efficient  for  a 
business  corporation,  but  cannot  be  put  right  into  operation  in  a 
city  or  county. 

Mr.  Childs :  I  would  like  to  ask  of  Mr.  DuVivier  what  he 
would  propose  as  a  substitute  for  the  coroner's  office?  There  is 
some  work  of  that  office  which  has  to  be  done  by  somebody.  How 
would  he  organize  a  new  system  ? 

Mr.  DuVivier:  My  substitute  would  be  the  appointment  of 
two  properly  qualified  men  to  perform  autopsies  and  one  addi- 
tional magistrate.  I  think  I  can  say  that  I  would  guarantee  to  do 
all  the  work  of  the  coroner's  office  of  this  city  with  two  men  to 
perform  the  autopsies  in  important  cases  and  one  additional 
magistrate  to  hear  cases  of  homicide.  The  provision  of  the  Con- 
solidation Act  that  I  read  you  will  notice  was  exceedingly  broad, 
and  a  great  deal  of  my  argument  was  intended  to  be  directed  to 
that  point,  namely  that  many  cases  are  investigated  which  need 
no  investigation.  It  is  my  personal  opinion  that  the  section  is 
skillfully  worded  for  the  purpose  of  giving  more  coroners  than  are 
actually  needed.  If  the  coroner  would  confine  himself  to  cases 
that  really  require  investigation,  there  would  be  about  enough  to 
keep  one  of  them  busy,  and  the  result  would  be  that  the  rest 
would  be  even  less  employed  than  they  are  at  the  present  time, 
and  many  of  their  clerks  and  attaches,  etc.,  would  have  absolutely 
nothing  to  do,  which  would  exhibit  a  pitiful  spectacle  even  to 
themselves.  But  I  think  that  the  fundamental  error  of  the  whole 
thing  is  the  idea  that  a  homicide  case  is  different  from  any  other 
criminal  case.  There  is  nothing  unusual  or  extraordinary  about 
a  homicide  case;  it  is  nothing  more  or  less  than  an  assault  case 
which  results  in  a  death,  and  with  the  city  magistrates  in  this 
city  at  the  present  time  performing  such  good  work  in  hearing 
witnesses  and  holding  men  for  the  grand  jury,  there  is  no  reason 
in  the  world  why  all  that  work  could  not  be  done  before  a  city 
magistrate. 

18 


Mr.  Bacon:  May  I  ask  permission  to  take  your  time  in  re- 
gard to  the  matter  of  this  county  bill  ?  [Text  contained  in  report 
of  first  meeting  of  the  Conference.]  I  come  from  one  of  the 
counties  above,  where  we  have  for  some  years  been  studying  con- 
ditions— Westchester  County.  I  do  not  think  I  am  going  too  far 
in  disclosing  this;  there  is  now  a  movement  on  foot  to  combine 
the  services  of  the  Westchester  Research  Bureau  with  those  of 
the  Municipal  Research  Bureau  of  New  York  in  a  careful,  com- 
plete study  of  county  conditions,  and  the  first  step  in  that  direc- 
tion which  we  have  regarded  necessary  is  the  procuring  of  a  fund 
of  from  twelve  to  fifteen  thousand  dollars  for  preliminary  study 
on  top  of  all  the  work  which  has  been  done  by  the  Westchester 
Research  Bureau  for  the  past  three  years,  when  we  had  five 
thousand  dollars  a  year. 

Is  the  County  Organization  Bill  Unconstitutional? 

I  have  looked  over  the  bill  you  have  here  somewhat,  and  have 
thought  considerably  about  it.  I  think  the  first  defect  in  it  is  that 
it  is  absolutely  unconstitutional.  The  provision  of  the  State  of 
New  York  is  that  county  government  shall  be  by  supervisors. 
This  bill  attempts  to  get  around  that  by  naming  the  new  officers 
which  it  provides  for  as  "supervisors."  I  do  not  think,  to  use  a 
homely  expression,  that  "will  wash."  When  the  Constitution 
speaks  of  supervisors,  it  means  ofl[icers  of  the  character  that  have 
heretofore  existed  by  that  name,  and  when  the  Constitution  says 
that  the  government  of  the  counties  shall  be  by  supervisors  who 
may  be  chosen  in  such  manner  as  the  legislature  shall  direct,  it 
means  by  the  heads  of  the  separate  town  governments  within  the 
counties.  Now  your  plan  of  five  supervisors  at  large  who  par- 
take in  no  way  of  the  character  of  supervisors,  and  bringing  them 
within  the  Constitution  simply  by  designating  thejn  as  super- 
visors, seems  to  me  entirely  unconstitutional. 

I  was  very  glad  to  hear  what  I  did  not  know,  of  the  results 
of  the  reduction  of  the  board  of  freeholders  in  the  New  Jersey 
counties.  I  have  myself  questioned  very  seriously  the  efficacy  of 
reducing  the  number  of  supervisors  as  a  means  of  accomplishing 
results. 

To  suggest  to  you  what  should  be  studied,  if  I  may  trespass 
upon  your  time,  to  my  mind  absolutely  the  most  serious  problem 
in  county  government  in  this  State  is  the  matter  of  public  print- 
ing. That  may  seem  to  you  a  trifle.  Our  bill  for  public  printing 
and  binding  for  the  county,  not  for  the  municipalities,  but  the 

19 


county  bill  for  printing  and  binding  in  Westchester  County  for 
six  years  ending  the  first  of  January,  1913,  was  $640,000,  and 
that  is  a  country  county;  about  $106,000  a  year.  Now  I  can  per- 
haps explain  how  some  of  those  bills  arose.  Take  some  of  the 
bills  which  were  tested  out  in  court  the  other  day,  and  they  were 
all  bills  from  the  same  concern.  The  register  of  the  County  of 
Westchester  wanted  110  volumes  of  indices  for  the  year  1907  and 
they  were  bought  from  one  concern  and  the  bill  was  audited,  as 
the  law  requires,  by  the  board  of  supervisors,  which  was  done  by 
referring  it  to  a  committee  of  three  persons.  Each  of  those  mem- 
bers has  said  that  he  knew  nothing  about  the  matter — what  it 
was  worth.  The  bill  for  these  110  volumes  was  $9,060,  or  $82  per 
book.  The  official  bookbinder  of  New  York  testified  on  the  stand 
that  these  books — they  are  expensive  books — could  now  be 
bought  in  the  open  market  for  $26  apiece;  in  1907  they  would 
have  been  10  per  cent,  cheaper,  and  in  lots  of  100  or  more  10  per 
cent,  more,  so  that  they  should  have  cost  about  $20  apiece.  Dur- 
ing the  same  year  the  Register's  office  required  "ticklers"  four 
times  during  the  year,  45  volumes  each  year.  "Ticklers"  are  tem- 
porary indices  running  about  three  months.  They  were  bought 
at  $36  apiece,  and  those,  this  same  New  York  official  testifies, 
were  no  longer  in  use  here,  but  they  used  a  better  grade  of  book 
in  New  York  and  Kings  County;  that  at  that  time,  1907,  they 
were  using  an  identical  book  in  Kings  County  except  that  it  was 
a  little  larger,  and  the  County  of  Kings  was  paying  $6  apiece  for 
them.  The  day  before  the  last  election  the  board  of  supervisors 
audited  a  bill  for  16  account  books,  $1,628,  one  single  account 
book  being  charged  at  $390.50  and  allowed  at  that  sum. 

The  Subsidized  County  Press 

But  that  is  a  very  minor  feature  of  the  printing  problem. 
The  power  to  give  out  the  county  printing  rests  chiefly  with  the 
board  of  supervisors ;  for  certain  purposes  with  other  officers.  It 
is  in  their  absolute  control  for  each  and  every  separate  contract 
which  is  let.  The  public  printing  is  done  at  established  legal  rates 
— supposed  to  be — which  are  very  high,  but  by  a  convenient 
fiction  an  inch  of  type  was  resolved  some  time  ago  to  be  a  folio, 
so  that  if  there  is  considerable  spacing  or  large  type  is  used  the 
number  of  folios  grows  by  the  inch  and  not  by  the  number  of 
words.  There  are  in  the  county,  I  believe,  about  sixty-six  local 
newspapers.  Of  those  a  very  large  proportion  are  absolutely 
dependent  for  their  maintenance  on  the  money  that  they  receive 

20 


from  the  county  treasurer.  There  are  several  instances  in  the 
county  where  the  money  received  from  the  county  treasurer  for 
pubHc  printing  is  more  than  the  entire  subscription-hst  of  the 
newspaper.  What  sort  of  independent  criticism  of  the  officials 
that  dispense  that  patronage  are  you  going  to  get  from  those 
newspapers?  That  is  the  serious  problem.  You  have  a  county 
press  which  is  held  right  in  the  hands  of  the  officers  who  ought  to 
be  criticized. 

[Adjournment] 


[This  pamphlet  is  printed  from  stenographic  notes  of  the  Confer- 
ence by  The  Nezv  York  Short  Ballot  Organisation,  j6'j  Fourth  Ave., 
Nezv  York,  N.  Y.    Separate  copies  obtainable  on  request.] 


E 


PROCEEDINGS 


OF  THE 


Conference  for  the  Study  and 

Reform  of  County 

Government 


THIRD  MEETING,  FEB.  20,  1914 

AT    THE    CITY    CLUB 

NtW  YORK  CITY 


THE  NEW  YORK  SHORT  BALLOT  ORGANIZATION 

383  Fourth  Avenue,  New  York  City 


.s^ 


PROCEEDINGS 

OF   THE 

Conference  for  the  Study  and  Reform 
of  County  Government 


THIRD  MEETING  FEBRUARY  20,  1914,  AT  THE  CITY  CLUB 

NEW  YORK  CITY 


COUNTY  PRISONS 

MR.  O.  F.  LEWIS 

Secretary  of  the  Prison  Association 

Mr.  Chairman  and  Gentlemen :  The  County  Jail  is  my  topic, 
and  since  I  came  in  I  have  been  casting  around  to  see  if  there  was 
anything  really  good  I  could  say  about  it — from  the  standpoint  of 
real  permanent  efficiency  as  a  well  co-ordinated  part  of  our  penal 
system — and  on  the  whole  I  should  say,  No.  I  should  not  want  to 
go  on  record,  however,  as  saying  that  no  county  jail  in  the  State 
is  good,  for  many  a  sheriff  is  trying  to  do  the  best  he  can.  But  I 
did  mean  that  in  comparison  with  the  ideas  of  modern  penology, 
as  they  have  been  worked  out  in  our  reformatories  and  our  more 
modern  prisons,  the  county  jail  is  hopelessly  backward;  and  I  will 
say  at  the  beginning  that  I  think  that  that  is  fundamentally  the 
result  of  county  government  and  that  we  cannot  have  any  very 
important  change  for  the  better  until  the  county  jail,  or,  I  should 
say  perhaps  better,  the  administration  of  the  lesser  correctional 
institutions,  of  which  the  county  jail  is  one,  is  taken  from  the 
county  management  and  undertaken  by  the  State, 

In  order  to  give  you  a  perspective,  I  shall  outline  briefly  what 
our  correctional  system  is,  so  that  you  can  see  how  the  county  jail 
system  fits  into  it.  Of  course  we  have  various  degrees  of  crime : 
felonies,  misdemeanors  and  violations  of  city  ordinances,  corre- 
sponding in  a  general  way  to  the  French  scheme  of  crimes,  delits 
and  contraventions,  that  is,  serious  crimes,  less  serious  crimes 
and  those  acts  which  are  in  violation  of  some  local  ordinance. 


Now  the  definition  of  felony  in  the  Penal  Code,  is  a  "crime 
punishable  by  death  or  by  imprisonment  in  a  state  prison."  A 
misdemeanor  is  any  less  serious  crime  which  is  not  simply  a  vio- 
lation of  a  local  ordinance.  For  our  felons  the  State  provides 
State  prisons,  State  reformatories,  and  a  number  of  felons  are 
also  sent  to  county  penitentiaries,  of  which  there  are  five  in  the 
State ;  in  New  York,  in  Albany,  in  Syracuse,  Rochester  and  Buf- 
falo. Then  the  misdemeanors  are  handled  almost  exclusively  by 
the  county  jails  and  by  municipal  institutions,  such  as  the  work- 
house and  Raymond  Street  Jail  here  in  New  York,  while  outside 
of  New  York  there  are  no  local  institutions  except  county  jails. 
So  that  we  have  this  situation:  We  have  four  State  prisons,  a 
State  prison  for  women,  two  hospitals  for  the  criminal  insane, 
something  like  sixty-five  county  jails,  one  in  each  county,  and  in 
addition  to  that  the  workhouses,  and  the  Kings  County  Jail  in 
New  York  City,  besides  the  district  prisons  which  are  attached 
to  the  various  courts  in  Manhattan  and  The  Bronx.  The  State 
government  therefore  handles  the  State  prisons  and  the  State 
reformatories.  County  government  controls  the  county  jails  and 
four  county  penitentiaries,  and  the  local  New  York  City  govern- 
ment controls  the  workhouse,  the  penitentiary,  the  Raymond 
Street  Jail,  district  prisons  and  other  correctional  institutions 
here  in  this  city.  We  have,  therefore,  in  this  State,  as  I  have 
said,  three  different  managements  of  correctional  institutions. 

The  Sheriff 

Now  the  county  jail  and  the  county  penitentiary  are  under 
the  administration  of  the  sheriff.  Of  course  I  do  not  need  to 
say  how  the  sheriff  is  elected  or  that  he  cannot  succeed  himself; 
the  deputy-sheriff  frequently  succeeds  the  sheriff  and  is  also  al- 
most without  exception,  I  should  say,  connected  with  the  jail, 
as  is  the  sheriff.  The  sheriff  is  the  "boss  of  the  jail,"  and  the 
sheriff  in  the  larger  counties  has  so  much  to  do  that  he  keeps 
only  general  track  of  the  administration  of  the  jail.  Frequently 
the  sheriff  becomes  a  deputy  sheriff ;  I  do  not  know  how  frequent- 
ly, but  there  is  that  give-and-take  in  some  instances. 

Now  the  reason  why  the  State  administration  of  correctional 
institutions  is  much  better  in  this  State  than  any  other  cor- 
rectional administration  is,  I  suppose,  largely  because  more  at- 
tention has  been  paid  to  the  State  prisons  and  to  the  State 
reformatories,  and,  secondly,  because  the  tenure  of  office  is  long- 

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er;  finally,  because  the  eyes  of  the  State  are  fastened  upon  the 
institutions  controlled  by  the  State,  partly  because  the  custom 
is  traditional  and  partly  because  more  serious  offenders  are  con- 
fined in  the  State  institutions. 

Not  so  much  attention  was  focussed  on  State  prisons  until 
about  1870,  when  a  number  of  gentlemen  here  in  this  State  and 
in  Massachusetts  conceived  the  idea  of  a  prison  which  should 
be  based  on  the  principle  of  reformation  instead  of  on  the  prin- 
ciple of  punition ;  so  Elmira  Reformatory  was  established,  a  State 
institution,  and  from  Elmira  Reformatory  have  grown  the  other 
reformatories  throughout  the  country,  modeled  upon  Elmira,  and 
in  later  years  the  reformatories  for  women  here  in  the  State, 
at  Bedford  and  at  Albion.  Miss  Davis,  who  is  now  our  Com- 
missioner of  Correction,  has  grown  up  with  Bedford,  which  was 
established  in  1901,  when  she  became  superintendent.  The  State 
reformatories  in  New  York  have  rather  set  the  pace  for  the 
whole  country.  In  more  recent  years  State  prisons  have  taken 
on  remarkable  reform  elements  of  different  kinds.  At  Great 
Meadow  Prison  there  is  outdoor  work  for  prisoners,  and  the  de- 
velopment of  personality  among  the  wardens;  just  at  the  present 
time  the  prisons  are  bursting  into  a  series  of  reformatory 
methods. 

Nothing  of  this  sort  has  in  general  taken  place  in  the 
counties.  The  sheriff,  elected  for  two  or  three  years,  three  years, 
I  think  it  is,  is  anything  but  a  penologist;  he  has  no  way  to 
become  one  and  has  no  incentive  to  become  one.  Take  the  sheriff 
in  the  average  county  and  see  what  is  handed  to  hirh  in  the  way 
of  a  county  jail  when  he  takes  office.  Recently  I  was  speaking 
in  an  adjoining  county  and  the  sheriff  stated  that  he  was  the 
"unfortunate  head  of  the  county  jail."  That  is  the  attitude  of 
a  great  many  sheriffs.  Here  is  a  relatively  small  building  with, 
say,  forty  or  fifty  cells,  frequently  not  a  modern  building,  with 
insufficient  accommodations  for  the  classification  of  offenders 
which  the  State  Prison  Commissioners  require.  The  building 
gets  "knocked"  consecutively  by  the  Prison  Commission  and  the 
Prison  Association,  who  have  their  inspectors  come  around. 
The  sheriff  is  always  between  the  Board  of  Supervisors,  who 
are  trying  to  keep  down  expenses,  on  the  one  hand,  and  the  State 
authorities,  who  come  around  and  say  that  the  jail  is  in  bad 
condition  and  that  it  ought  to  be  thoroughly  renovated  or  that 
there  ought  to  be  a  new  jail.     He  finds  that  his  jail  is  in  the 

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county-seat,  directly  behind  the  courthouse;  that  the  allowance 
for  salaries  is  small.  Possibly  he  is  allowed  a  jailer,  possibly 
he  is  allowed  a  night  watchman;  frequently  members  of  his 
family  have  to  help  out.  There  may  be  no  salary  for  a  matron 
and  his  wife  has  to  take  care  of  the  occasional  woman  that  is 
jailed.  He  has  several  classes  of  prisoners;  those  who  are  wait- 
ing for  the  grand  jury,  those  who  have  been  convicted  of  cnme, 
and  those  who  are  short-term  men;  he  also  frequently  has  to 
take  care  of  men  who  are  put  in  over  night  and  are  to  appear  in 
the  police  court  in  the  morning. 

What  the  Sheriff  Is  Up  Against 

The  point  is  this:  Here  is  this  jail  without,  say,  a  jail-yard, 
without  any  opportunity  for  adequate  exercise  of  the  prisoners ; 
the  whole  thing  is  outlay;  there  is  no  income  from  the  products 
of  the  prisoners'  labor.  The  sheriff  finds  that  he  cannot  command 
the  labor  of  any  of  the  prisoners  who  are  not  yet  convicted; 
convicted  prisoners  are  in  for  a  short  time,  from  a  few  days  to 
a  few  months ;  he  regards  them  largely  as  "no  good  anyway ;"  he 
has  no  farm  and  does  not  know  what  to  do.  Frequently  he  finds 
that  he  has  no  instructions  from  anyone,  does  not  know  the 
Prison  Law  and  comes  up  against  the  fact,  as  I  found  in  one 
jail  in  the  State,  that  where  he  sends  a  prisoner  out,  trusting  to 
his  honor,  to  work  for  a  farmer,  he  has  gone  absolutely  contrary 
to  the  Prison  Law,  which  says  that  no  prisoner  shall  be  A^orked 
by  a  private  individual  or  corporation,  but  that  all  prisoners  must 
be  worked,  if  at  all,  by  the  State  or  the  political  subdivisions  of 
the  State.  So  he  just  floats  along,  making  the  best  of  a  poor 
situation.  The  fact  that  the  Board  of  Supervisors  hold  him  down 
is  the  explanation  most  frequently  given  for  the  absence  of  mod- 
ern conditions  in  county  jails. 

Of  course  I  could  draw  pictures  to  you  of  county  jails.  The 
Prison  Commission  requires  that  there  shall  be  something  like 
ten  or  twelve  different  classifications  within  the  jail;  grand  jury 
cases,  which  are  those  awaiting  trial,  must  be  held  separate  from 
the  convicted  prisoners,  men  must  be  kept  separate  from  women, 
boys  separate  from  men,  boys  separate  from  girls.  If  there  are 
women  in  the  jail  there  must  be  a  woman  in  attendance;  although 
that  is  not  part  of  the  law,  it  is  part  of  the  custom  now.  The  jail 
may  not  have  over  forty  cells  and  may  be  only  two  stories  high, 
and  how  is  he  to  make  all  these  different  classifications  ?    1  found 


one  jail  in  one  of  the  most  populous  cities  of  the  State.  ;,in  old 
building,  crammed  to  the  roof  with  men  and  women,  fewer 
women,  of  course — a  jail  which  could  accommodate  approxi- 
mately forty-five  if  each  one  had  a  cell  to  himself,  accommodating 
over  one  hundred ;  I  found  three  persons  in  a  cell. 

Infrequent  Grand  Jury  Meetings 

In  some  of  the  counties  there  are  only  two  grand  jury  meet- 
ings a  year,  and  a  man  who  is  arrested  charged  with  felony,  if  he 
cannot  get  bail,  and  frequently  he  cannot,  will  be  held  for  six 
months  before  he  appears  before  the  grand  jury,  and  then  in 
about  four  cases  out  of  ten,  or  three  cases  out' of  ten — I  am 
speaking  without  statistics  now — he  will  be  discharged.  During 
that  time,  in  many  jails  of  the  State,  he  has  not  been  outside  of 
the  jail  once.  The  construction  is  such  as  to  inevitably  thj-ovN^ 
the  men  together  during  the  daytime  and  frequently  at  night: 
the  usual  construction  of  the  jail  is  the  backing  of  cells  up  against 
each  other  and  then  building  over  these  blocks  of  cells  a  roof  and 
four  walls,  with  either  one  or  two  corridors  between  the  cell  front 
and  the  outside  wall.  I  say  one  or  two  corridors  because  in  the 
smaller  jails  there  will  be  only  one,  and  whenever  the  jailer  wants 
to  have  anything  to  do  with  the  prisoners  he  is  obliged  to  unlock 
the  doors  and  go  into  the  corridor  where  the  men  are  assembled. 
And  so,  trouble  with  prisoners  can  occur  and  particularly  where 
the  jailer  is  an  obtuse  man  who  stirs  up  trouble  by  his  treatment ; 
and  sometimes  they  do  take  it  out  of  the  jail  officials  and,  of 
course,  escape.  Or  they  may  have  -a  wide  corridor  to  walk  up 
and  down  during  the  day  or  else  with  a  grated  wall  between,  so 
that  the  sheriff  and  the  other  officials  can  walk  on  the  outside  and 
the  prisoners  on  the  inside  corridor.  The  only  things  they  can 
do  is  to  walk  up  and  down,  play  cards  or  other  games  if  they  are 
allowed,  have  a  few  magazines  or  dirty  books  or  exchange  smut. 
Frequently  the  jail  is  infested  with  vermin,  and  they  may  com- 
mit sodomy  or  other  unnatural  crimes  or  vices,  and  seldom,  it 
seems  to  me,  can  a  man  come  out  from  such  an  ordeal  after  from 
four  to  six  months  without  having  undergone  the  most  serious 
possible  contamination,  which  is  one  of  the  greatest  injustices 
which  could  be  perpetrated.  How  the  State  of  New  York  can 
do  such  a  thing  in  1914  is  beyond  me,  but  I  think  it  can  be  traced 
largely  to  county  management,  because  you  will  not  find  its 
equivalent  in  the  State  institutions,  nor  will  you  find  it  in  any 

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large  degree  in  our  municipal  institutions  here  on  the  Island. 
You  would  not  find  it  here  in  the  Workhouse  were  it  not  that  the 
Workhouse  has  been  so  faultily  constructed  that  even  Miss  Davis 
cannot  do  anything  else  with  it  except  allow  the  men  to  comingle 
during  many  hours  of  the  day. 

What  Shall  Be  Done? 

I  think  that  the  main  question  you  want  me  to  consider  is 
what  can  be  done  about  it.  As  I  said  in  the  first  place,  I  do  not 
believe  we  can  do  much  with  the  county  jails  as  a  county  proposi- 
tion. I  will  call  your  attention  again  to  the  fact  that  there  are 
two  general  classes  confined  in  the  jail;  those  awaiting  trial  and 
those  convicted.  If  they  are  convicted  of  felony  they  are  sent 
to  State  prisons  or  reformatories ;  if  convicted  of  a  misdemeanor, 
they  are  generally  sent  to  the  county  jail. 

In  England  in  1876  and  1877  the  state  took  over  the  county 
jails  (what  they  called  local  jails),  something  like  one  hundred 
and  twenty  of  them.  Within  a  few  years  the  number  was  re- 
duced to  about  seventy  under  the  Prison  Commission,  which  was 
the  representative  of  England  in  dealing  with  the  prisoners.  Since 
that  time  the  Prison  Commission  has  managed  all  the  correctional 
institutions  in  England,  and  to  show  how  systematically  they 
are  managed.  Sir  Evelyn  Ruggles-Brise,  the  Chairman  of  the 
Prison  Commission,  said  to  me,  "It  is  just  half  past  four,  and  I 
know  exactly  what  is  being  done  at  this  moment  in  every  local 
prison  in  England." 

Politics  in  Jail  Administration 

The  trouble  with  the  State  administration  of  prisons  so  far 
has  been  the  fact  that  politics  has  played  such  an  important  part 
in  the  administration  of  the  State  prisons.  The  control  of  the 
State  prisons  is  in  the  hands  of  the  State  Superintendent  of 
Prisons,  appointed  by  the  Governor  with  the  consent  of  the  Sen- 
ate. The  Superintendent  has  charge  of  seven  different  prisons. 
I  think  it  is  fair  to  say  that  a  certain  amount  of  politics  has 
played  its  part  in  the  appointment  of  every  State  Superintendent 
for  several  years.  This  officer  is  dependent  upon  the  legislature 
and  the  Governor  for  the  appropriations  and  great  pressure  is 
frequently  brought  to  bear  upon  him,  and  it  really  seems  that  so 
long  as  we  have  the  State  Superintendent  appointed  as  he  is  now 
and  the  administration  of  the  prisons  focussed  in  one  head,  we 

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are  going  to  have  relatively  poor  administration,  or  let  me  say 
inadequate  administration.  Investigations  conducted  during  the 
last  few  years  have  brought  out  that  fact  sufficiently.  Now  it 
might  be  said :  "Why  should  the  State  take  over  the  county  jails 
if  it  cannot  run  the  State  prisons  to  the  satisfaction  of  those 
who  are  supposed  to  know  most  about  proper  administration?" 
I  call  your  attention  to  the  fact  that  in  England  the  Prison  Com- 
mission manages  the  prisons,  also  to  the  fact  that  in  most  of 
the  modern  European  countries  there  is  a  standard  of  integrity 
in  public  office  which  we  apparently  do  not  have  here  in  the  same 
number  of  cases. 

Coming  back  for  a  moment  to  reformatory  management,  we 
have  Elmira  and  Napanoch  Reformatories  under  one  Board  of 
Managers.  We  have  Bedford  Reformatory  under  a  separate 
Board  of  Managers,  and  Albion  under  a  separate  Board  of  Man- 
gers. The  State  Training  School  for  Boys  is  also  under 
separate  management;  in  fact,  all  other  State  correctional  in- 
stitutions are  under  separate  management,  appointed  by  the 
Governor  and  serving  without  pay,  and  appointing  the  superin- 
tendent from  the  civil  service  list.  Members  of  the  State  Board 
of  Charities  have  for  several  years  urged  that  State  prisons  be 
managed  by  separate  Boards  of  Managers  appointed  as  the  re- 
formatory boards  are  appointed  at  the  present  time,  and  choosing 
the  superintendent  from  the  civil  service  list.  If  State  prisons 
can  be  put  under  one  or  more  Boards  of  Managers,  and  if  there 
can  be  instead  of  sixty-five  county  jails  half  a  dozen  fairly  large 
State  district  workhouses  on  wide  acreage,  each  of  them  under 
separate  Boards  of  Managers,  to  which  the  prisoners  now  sent 
to  county  jails  can  be  sent,  and  if  we  can  eliminate  the  county  jail 
as  a  place  for  convicted  prisoners  and  leave  it  simply  as  a  place 
for  those  detained  for  trial,  we  will  have  eradicated  the  most 
serious  defects,  because  any  such  newer  institutions  will  have 
the  most  reformative  methods  which  have  been  devised. 

We  are  going  through  a  very  remarkable  period  in  our  prison 
administration  and  many  amazing  things  have  been  done.  We 
cannot  yet  determine  how  much  is  due  to  the  personality  of  war- 
dens, how  much  is  due  to  a  real  inherent  sense  of  justice  and 
honor  in  the  prisoners,  and  how  long  it  will  be  before  we  may 
have  something  like  an  all-around  jail  delivery  in  some  of  our 
honor  prisons. 

It  seems  to  me,  therefore,  that  the  solution  for  the  abuses 


I  have  mentioned  would  be,  brieily,  in  the  abolition  of  the  county 
jail  as  a  place  of  detention  for  convicted  prisoners,  in  the  estab- 
lishment of  state  district  workhouses  or  state  district  farm 
colonies  for  what  we  call  short  term  offenders,  in  the  development 
cf  the  indeterminate  sentence  and  parole,  and  that  these  State 
district  workhouses  should  be  under  separate  Boards  of  Mana- 
gers, unpaid,  appointing  their  superintendents  and  other  em- 
ployees from  civil  service  lists. 

Another  matter  is  the  substitution  of  an  indeterminate  sen- 
tence for  the  short-term  sentence.  There  is  a  bill  introduced 
in  Albany  now  providing  that  the  minimum  sentence  to  State 
prisons  for  first  offenders  shall  be  one  year.  At  Elmira  the  mini- 
mum for  forty  years  has  been  abolished,  so  that  there  is  no 
minimum  but  there  is  a  maximum.  If  we  governed  the  State 
district  workhouses  without  county  management,  with  indeter- 
minate sentence,  which  connotes  proper  parole  power  for  the 
release  of  prisoners  at  such  times  as  they  may  be  properly  re- 
leased, we  would  practically  eliminate,  from  the  standpoint  of  the 
penologist,  most  of  the  evils  that  now  are  inherent  in  county 
management  of  correctional  institutions. 

Mr.  Childs:  In  the  Federal  government,  Mr.  Lewis,  the 
Marshals,  who  correspond  to  the  sheriffs,  and  the  Federal  prison 
authorities  generally  are  appointed  by  the  President  and  there 
are  no  detached  local  units  of  government  in  the  system.  How 
do  you  think  it  would  work  to  adopt  the  complete  Federal  system 
in  this  State  ?  It  would  probably  mean  the  appointment  by  the 
Governor  of  the  Attorney  General,  who  as  head  of  the  Depart- 
ment of  Justice  would  control  both  the  marshals,  or  sheriffs,  and 
district  attorneys,  and  get  the  whole  penal  side  of  the  county 
government  into  the  control  of  the  State.    Would  that  be  sound  ? 

Mr.  Lewis:  I  do  not  feel  that  I  am  competent  to  answer 
that  question  because  I  have  not  thought  of  it.  That  would  keep 
county  management  in  the  hands  of  the  sheriff  even  if  appointed 
by  the  Governor  instead  of  being  an  elective  officer.  It  seems 
to  me  that  the  thing  to  bend  our  efforts  to  is  getting  the  county 
jails  out  of  the  county  administration. 

Mr.  Henry :  As  between  the  system  of  independent  Boards 
of  Managers  and  the  system  of  greater  centralization,  what  are 
the  relative  merits? 

Mr.  Lewis:  The  tendency  in  general  is  to  place  more  re- 
sponsibility in  smaller  numbers  of  persons.    If  we  could  be  abso- 

8 


lutely  sure  of  the  kind  of  prison  supsrintendent  the  Governor 
would  appoint,  and  if  we  could  be  sure  the  superintendent  would 
not  be  harassed  by  all  sorts  of  political  and  other  influence  in 
appointments  and  other  acts,  we  m'ght  have  it  in  the  hands  of 
one  man.  As  a  matter  of  expediency,  it  seems  to  me  that  the 
State  will  be  safer  through  the  general  supervision  of  an  unpaid 
board  which  centralizes  authority  in  one  person,  with  a  board 
which  establishes  general  principles  under  which  institutions 
shall  be  run,  and  a  superintendent  who  works  out  the  principles 
in  details.  I  argued  this  question  recently,  however,  with  a  mem- 
ber of  the  State  Commission  of  Prisons  who  feels  strongly  that 
the  proper  thing  to  do  is  to  centralize  more  power  in  the  hands 
of  the  State  Superintendent  of  Prisons  and  take  away  from  the 
Senate  the  power  to  ratify  the  appointment. 

Mr.  Waldman :  What  impressed  me  more  than  anything  else 
was  the  statement  by  the. speaker  to  the  effect  that  in  some  of 
the  counties  of  the  state,  grand  juries  met  but  twice  a  year,  with 
the  result  that  possibly  innocent  men  are  kept  in  jail — and  from 
the  description  of  jails  they  are  not  equal  to  the  best  hotels — for 
a  period  of  perhaps  up  to  six  months,  and  then  when  the  grand 
jury  does  meet  the  members  dismiss  the  complaint  and  the 
prisoner  has  no  redress  or  remedy. 

It  seems  to  me  that  the  first  principle  in  the  administration 
of  justice  is  to  protect  innocent  men;  it  is  true  that  a  man  con- 
victed and  found  guilty  should  be  given  an  opportunity  to  reform 
and  treated  humanely,  but  the  first  principle  is  that  a  man  should 
be  given  the  presumption  of  innocence.  If  I  understand  the  law 
correctly,  I  believe  it  is  within  the  power  of  any  Supreme  Court 
Justice  on  the  application  of  the  district  attorney  to  call  a  grand 
jury — I  am  not  sure  as  to  the  procedure,  but  I  believe  it  is  prac- 
tically discretionary  with  a  Supreme  Court  Justice  to  call  a  grand 
jury  at  any  time. 

Mr.  Lewis:  I  think  that  that  has  probably  developed  or 
continued  under  the  old  fee  system ;  and  the  sheriff"s  office  is  an 
office  which  pays  pretty  well,  and  in  many  counties  is  the  best 
office  in  the  county  and  I  surmise  that  it  is  partly  for  political 
reasons,  to  "give  some  other  person  a  show" ;  that  would  be  my 
first  assumption.  _ 

Mr.  Childs :     How  far  does  the  fee  system  exist  nowT** 

Mr.  Lewis:  I  think  only  three  counties  in  the  State.  The 
fee  system  in  connection  with,  the  jails  still  exists.    Under  the 

9 


fee  system  the  sheriff  is  paid  for  the  keep  of  every  prisoner,  $2, 
$3  or  $4  per  week  for  the  meals.  It  is  a  vicious  system;  the 
more  prisoners  coming  in,  the  more  money  he  can  make. 

The  Chairman:  It  is  rumored  that  the  sheriff  of  West- 
chester County  makes  enormous  sums. 

Mr.  Lewis:    He  does  not  make  it  off  his  jail,  I  think. 

Mr.  Lewis :  You  will  find  where  there  is  a  regular  salary 
basis  and  where  the  Board  of  Supervisors  allots  a  certain  amount 
that  the  sheriff  may  use  and  must  account  for  all  the  money  he 
spends,  that  prisoners  on  the  whole  get  good  treatment  so  far 
as  food  and  clothes  are  concerned. 

Mr.  Childs:  What  are  the  arrangements  in  the  county  jail 
for  food  ? 

Mr.  Lewis:  It  is  prepared  in  the  smaller  jails  in  the  sheriff's 
kitchen,  generally  by  inmates.  He  practically  always  lives  in 
part  of  the  jail  or  directly  connected  with  the  jail  and  is  sup- 
posed to  be  on  duty  for  twenty-four  hours  of  the  day,  and  the 
food  is  prepared  in  the  smaller  jails  by  the  cook  and  frequently 
by  a  prisoner;  if  he  hires  a  cook  it  is  frequently  a  woman  and  the 
jail  prisoners  will  frequently  be  found  helping  the  woman. 

Mr.  DuVivier :  It  seems  to  me  that  this  matter  of  the  num- 
ber of  men  who  are  in  the  county  jails,  especially  in  the  country, 
can  be  very  easily  judged.  My  experience  in  the  country  has 
been  that  the  bail  in  ordinary  criminal  cases  is  surprisingly  small. 
It  is  not  at  all  unusual  to  have  a  man  charged  with  felony  and  to 
have  his  bail  fixed  at  $250.  The  way  in  which  the  criminal  law  is 
administered  in  country  districts  makes  it  exceedingly  easy  for 
any  man  charged  with  crime  to  get  bail  in  such  small  amounts. 

Something  has  been  said  here  this  evening  as  to  the  in- 
frequency  of  grand  juries.  It  has  always  seemed  to  me  that  the 
most  practical  way  of  meeting  that  difficulty  would  be  by  a  very 
simple  amendment  to  the  law.  I  think  that  probably  an  amend- 
ment to  the  Constitution  would  be  required,  but  think  that  the 
obviousness  and  practical  character  of  the  amendment  would 
commend  itself  to  the  entire  State,  which  would  permit  the  dis- 
trict attorney  to  file  an  indictment  without  the  matter  going  to  a 
grand  jury  unless  the  defendant  requested  that  the  matter  should 
be  submitted  to  a  grand  jury  within  five  days  after  the  papers 
had  been  filed  with  the  clerk  of  the  court.  As  you  probably  know, 
about  ninety-five  per  cent,  of  the  cases  that  are  submitted  to  the 
grand  jury  of  this  county  are  purely  routine  matters.    They  are 

10 


cases  that  have  been  heard  by  magistrates,  where  lestimony  has 
been  taken  or  the  defendant  has  had  an  opportunity  to  hear  testi- 
mony against  him  or  has  waived  examination,  and  two  grand 
juries  every  month  in  this  county  spend  their  time  hearing  cases 
which  have  been  heard  much  more  effectively  by  a  city  magis- 
trate who  had  had  all  the  testimony  before  him  and  has  had  the 
advantage  of  having  witnesses  cross-examined  before  him,  has 
even  had  the  opportunity  of  hearing  the  defendant's  side  of  the 
controversy  if  the  defendant  wishes  to  take  the  stand,  and  all 
of  that  matter  has  to  be  gone  over  again  in  a  purely  ex  parte 
proceeding,  a  wholly  one-sided  affair,  and  then,  of  course,  as  a 
matter  of  course  the  grand  jury  orders  an  indictment.  So  it  is 
not  at  all  uncommon  for  a  defendant  to  be  arrested,  for  him  to 
plead  guilty  in  the  magistrate's  court  and  then  to  be  held  for  the 
action  of  the  grand  jury,  and  although  he  has  absolutely  no 
defence  and  is  anxious  to  plead,  his  counsel  seeing  the  futility 
of  any  possible  defense  to  the  accusation,  all  that  testimony  has 
to  be  rehearsed  and  gone  over  in  a  most  summary  and  of  course 
one-sided  way  by  the  grand  jury.  It  has  been  my  experience, 
and  I  speak  from  actual  experience  of  several  years,  that  fully 
ninety  or  ninety-five  per  cent,  of  the  cases  heard  by  grand  juries 
are  of  that  character. 

Now  all  that  could  be  obviated  simply  by  an  amendment  to 
the  law  which  authorized  the  district  attorney  to  file  an  indict- 
ment in  cases  of  that  character,  in  fact  all  cases  unless  the  de- 
fendant appeals  as  an  additional  precaution  to  protect  his  rights, 
unless  the  defendant  feels  that  he  would  like  to  have  the  grand 
jury  pass  upon  the  testimony  against  him.  And  I  think  that  in 
country  districts,  especially  where  grand  juries  are  infrequent 
because  there  is  not  enough  business  to  justify  impanelling  a 
grand  jury,  that  a  man  who  might  be  unable  to  furnish  the  ex- 
ceedingly small  bail  could  expedite  his  cause  by  waiving  his  right 
to  have  the  matter  presented  to  the  grand  jury,  the  indictment 
would  be  filed  by  the  district  attorney  forthwith,  the  case  put 
upon  trial  and  all  this  delay  would  be  obviated.  It  seems  to  me 
that  this  is  one  of  the  most  practical  ways  of  meeting  the  diffi- 
culty, and  I  think  it  is  very  easy  to  exaggerate  the  seeming  in- 
justice which  may  be  done  in  cases  of  that  character. 


11 


COUNTY  GOVERNMENT  FROM  THE  STAT2  COMP- 
TROLLER'S  STANDPOINT 

By  LEWIS  K.  ROCKEFELLER 
Member  of  the  State  Comptroller's  Staff 

In  1905  a  law  was  enacted  giving  to  the  State  Comptroller 
authority  to  examine  the  accounts  of  each  county  outside  of  New 
York  City,  each  city  of  the  second  and  the  third  classes  and  each 
village  having  a  population  of  3,000  or  more. 

The  chief  fiscal  officer  of  each  such  municipality  was  required 
by  this  law  to  make  and  file  annually  with  the  State  Comptroller 
a  report  of  its  financial  transactions,  the  form  of  such  report  to 
be  prescribed  by  the  State  Comptroller.  For  the  purposes  of 
these  examinations,  the  Comptroller  was  authorized  to  employ 
not  more  than  two  examiners. 

Although  a  law  was  previously  enacted  requiring  certain  cities 
in  the  State  to  make  and  file  annually  a  report  with  the  Secretary 
of  State,  little  appears  to  have  been  done  thereunder  and  the  law 
was  subsequently  repealed.  Chapter  705  of  the  laws  of  1905  was 
the  first  statute  to  provide  for  the  examination  of  local  financial 
matters  by  a  State  official.  The  first  year  of  our  work  under  that 
law  was  devoted  entirely  to  the  preparation  of  forms  of  reports 
by  local  officials,  and  the  inspection  of  the  methods  then  employed 
in  keeping  records  of  the  financial  transactions  of  their  respective 
municipalities. 

It  became  my  duty  as  chief  accountant  of  the  bureau  to  in- 
spect those  methods  and  I  first  visited  county  offices.  Why  I  went 
into  counties  first,  I  do  not  recall.  I  sometimes  think  it  may 
have  been  divine  interference,  yet  many  local  officials,  I  fear, 
would  see  in  it  more  of  the  work  of  the  devil. 

Faulty  Accounting  Systems 

Time  will  not  permit  nor  shall  I  attempt  description  of  the 
various  methods  of  keeping  the  records  of  transactions  involving 
hundreds  of  thousands  of  dollars  of  the  taxpayers'  money.  Suffice 
it  to  say,  however,  that  I  found  as  many  different  systems  as 
there  were  counties  visited  and  they  ranged  from  pencil  memo- 
randa on  scraps  of  paper,  backs  of  envelopes,  etc..  to  a  fairly  good 
set  of  books.  Out  of  these  fifty-seven  counties  visited,  in  but 
four  were  found  methods  of  favorable  comment.  Financial  re- 
ports of  county  officials  in  most  instances  conveyed  little  informa- 

12 


tioii  at  best  and  the  statements  contained  in  many  were  not  only 
misleading  but  often  incorrect. 

No  effort  appeared  to  have  been  made  to  verify  the  state- 
ments contained  in  these  reports  other  than  the  annual  inspection 
by  committees  of  boards  of  supervisors  which,  as  a  whole,  were 
worse  than  useless  and  amounted  to  nothing  more  than  an  ex- 
pression of  confidence  that  the  local  official  had  kept  his  accounts 
in  such  a  manner  as  not  to  reveal  anything. 

In  the  book  of  one  county  treasurer  I  saw  in  the  handwriting 
of  the  chairman  of  the  committee  appointed  by  the  board  of 
supervisors  to  examine  his  accounts  a  statement,  signed  by  each 
member  of  that  committee,  to  the  effect  that  they  had  examined 
the  county  treasurer's  accounts  and  that  they  were  correct  in 
every  particular.  When  this  intelligent  committee  made  its  re- 
port to  the  more  intelligent  board,  the  county  treasurer  was  haled 
before  it  and  tendered  a  vote  of  thanks.  Such  faith  and  innocence 
would  have  indeed  been  beautiful  had  it  not  proven  so  expensive 
to  the  taxpayers  of  the  county.  The  truth  of  the  matter  is, 
gentlemen,  the  county  treasurer  had  by  false  entries  in  the  very 
book  in  which  they  wrote  their  names,  "washed  off"  a  shortage 
in  his  accounts  of  nearly  $12,000. 

My  tour  of  inspection  convinced  us  of  the  necessity  for  the 
immediate  examination  of  the  accounts  of  local  officials  and  for 
some  means  of  providing  them  with  proper  systems  for  keeping 
their  accounts.  The  legislature  of  1907  responded  by  amending 
our  law  so  as  to  authorize  the  State  Comptroller  to  prescribe 
systems  of  accounting  which  shall  be  uniform  for  each  class  of 
municipalities  and  by  increasing  the  number  of  examiners  to  ten. 
This  number  was  later  increased  to  fifteen,  which  is  our  maxi- 
mum number  today.  The  law  has  been  amended  also  to  include 
all  towns  and  incorporated  villages. 

The  work  of  examining  the  accounts  of  lor^al  officials  was 
first  begun,  with  one  exception,  in  1907  and  is  being  continued. 

You  are  undoubtedly  familiar  with  many  of  the  conditions 
disclosed  by  these  examinations  and  therefore  will  not  accuse  me 
of  exaggeration  when  I  say  that  in  not  a  single  county  examined 
has  there  been  found  compliance  with  every  provision  of  law. 
On  the  contrary,  in  each  of  the  counties  examined,  serious  irreg- 
ularities in  financial  transactions  have  been  disclosed  and  the 
taxpayers'  money  illegally  expended,  in  some  cases,  beyond  re- 
covery. 

13 


You  have  heard  how,  in  the  county  of  Broome  one  man  had 
so  manipulated  affairs  as  to  acquire  access  to  the  funds  in  the 
county  treasury  and  draw  upon  them  at  will.  So  carefully  had  he 
fortified  himself  that  no  local  official  dared,  even  had  he  cared, 
to  refuse  his  demand  for  the  taxpayers'  money.  He  got  what  he 
wanted  when  he  wanted  it  and  paid  the  most  severe  penalty 
known  to  us. 

In  Westchester  county,  the  conditions  there  disclosed  are 
more  or  less  familiar  to  us  all.  In  Rockland  county,  you  may  re- 
call the  large  shortage  disclosed  in  the  county  treasurer's  office 
for  which  the  then  incumbent  served  a  prison  term.  In  Nassau 
county  you  may  recall  the  disclosure  of  a  shortage  of  about 
$45,000  which  resulted  in  the  suicide  of  one  of  the  persons  in- 
volved and  the  subsequent  confession  and  punishment  of  the 
other. 

In  another  county  it  was  found  that  because  the  county 
treasurer  failed  to  make  proper  settlements  with  certain  town 
tax  collectors,  those  collectors  illegally  retained  hundreds  of 
dollars  in  a  single  year.  In  another  county  it  was  found  that 
jurors'  certificates  were  issued  to  dead  men,  and  the  money  due 
on  such  certificates  drawn  from  the  county  treasury.  In  more 
than  one  county  was  it  found  that  the  families  of  sheriffs  and 
superintendents  of  the  poor  were  being  maintained  illegally  and 
in  some  instances  clothed  at  the  expense  of  the  county.  In  one 
county,  the  superintendent  of  the  poor  acknowledged  that  he  had 
purchased  furniture  for  his  private  home  and  the  county  paid  the 
bills.  In  another  county  certain  supervisors  were  doing  the 
same  thing. 

With  but  few  exceptions,  and  I  cannot  now  name  those  ex- 
ceptions, members  of  boards  of  supervisors  had  been  paid  more 
than  a  most  liberal  interpretation  of  controlling  statutes  would 
allow.  Fees  received  by  public  officials  were  not  always  accounted 
for  and  in  nearly  every  instance  those  fees  had  been  improperly 
or  illegally  expended. 

While  wanton  use  of  the  taxpayers'  money  was  disclosed  in 
nearly  every  county,  the  instances  in  which  clear  criminal  intent 
was  disclosed  are,  I  am  glad  to  say,  in  the  small  minority. 

The  only  way  to  effectually  put  an  end  to  this  waste  of  pub- 
lic funds  and  prevent  recurrence  of  these  same  conditions  is  to 
ascertain  the  cause  and  remove  it.  The  result  of  our  investi- 
gations along  that  line  led  us  to  the  following  conclusions : 

14 


A  Diagnosis  of  County  Inefficiency 

First:  That  the  conditions  found  were  the  result  of  illegal 
and  improper  practices  covering  many  previous  years;  like  the 
snowball,  small  in  the  beginning  and  growing  larger  as  it  rolled 
down  the  hill  of  time.  How  these  practices  started  is  difficult 
to  say.  I  prefer  to  think  it  may  have  been  through  ignorance 
but  with  honest  intent. 

Second:  That  the  average  county  official  was  either  not 
fully  competent  to  perform  the  duties  of  his  office  or  did  not  take 
the  trouble  to  properly  inform  himself  of  those  duties. 

Third:  That  the  board  of  supervisors  was  largely,  if  not 
wholly,  responsible  either  for  the  inception  of  those  illegal  trans- 
actions or  for  thir  continuation  and  corresponding  growth. 

While  each  official  concerned  with  illegal  transactions  must 
bear  his  share  of  responsibility  therefor,  I  am  satisfied  that  the 
board  of  supervisors,  by  its  sins  of  omission  and  commission, 
must  be  charged  with  by  far  the  greater  part.  Just  as  all  roads 
led  to  Rome,  so  the  source  of  practically  all  illegal  expenditures 
of  county  money  can  be  traced  to  the  board  of  supervisors. 

If  in  Broome  county,  members  of  the  board  of  supervisors 
had  not  closed  their  eyes  and  stopped  their  ears  to  what  they 
must  have  known  was  being  done  and  had  but  asked  one  or  two 
inoffensive  questions  respecting  the  abnormally  large  payments 
to  their  clerk,  conditions  disclosed  by  our  examination  either 
would  not  have  been  possible  or,  at  least,  would  have  been  brought 
to  light  long  before.  Had  the  supervisors  who  were  appointed 
by  the  board  to  examine  the  books  of  the  county  treasurer  in 
another  county  but  taken  the  trouble  to  step  across  the  street 
and  obtain  the  balances  from  the  bank  itself  instead  of  obtaining 
them  from  a  bank  book  prepared  by  the  county  treasurer,  the 
possibility  of  so  large  a  shortage  in  his  accounts  would  have  been 
obviated.  Had  boards  of  supervisors  in  accordance  with  their 
sworn  duty  required  proper  accounting  of  all  fees  received  by 
county  officials,  those  fees  would  not  have  been  illegally  or  im- 
properly expended. 

Supervisors'  Sins  of  Commission 

While  serious  results  obtained  from  failure  of  boards  of 
supervisors  to  perform  certain  duties,  far  more  serious  results 
obtained  from  those  things  which  they  actually  did. 

The  audit  and  allowance  of  certain  claims  by  boards  of  super- 

15 


r 


visors,  as  a  rule,  and  some  of  the  reasons  advanced  for  the  audit 
and  allowance  of  those  claims  shock  the  moral  sense  and  causes 
one  to  wonder  how  the  members  of  those  boards  could  possibly 
lend  even  their  names  to  such  transactions.  Should  we  analyze 
the  average  board  of  supervisors  in  the  average  county,  what 
would  we  find?  Individually,  the  supervisor. is  a  man  of  good 
standing  in  his  community  and  one  whose  honesty  and  integrity 
is  guaranteed  by  the  majority  of  his  fellow  townsmen.  It  is  a 
pleasure  to  say  that  I  have  nearly  always  found  the  individual 
supervisor  to  be  that  kind  of  a  man  and  I  prefer  not  to  think 
otherwise.  I  shall  not  speak  of  him  as  an  individual,  however, 
but  solely  as  a  member  of  the  county  board,  and  of  his  work  as 
a  member  of  that  body. 

What  qualifications  for  his  work  as  a  member  of  the  county 
board  does  the  average  supervisor  possess?  The  answer  must 
be,  in  most  cases,  practically  none.  Whether  or  not  he  may  pos- 
sess any  of  the  necessary  qualifications,  does  not  seem  to  have 
been  considered  in  his  selection.  He  was  probably  chosen  by 
some  political  organization  or  the  leaders  of  that  organization 
who  undoubtedly  hoped  that  he  would  give  the  people  a  good 
administration,  and  who  felt  sure  that  he  would  "be  good"  to 
the  organization,  its  leaders  and  its  members.  While  this  may 
be  denied  or  at  least  doubted,  think  of  what  has  actually  hap- 
pened to  public  officials  who  have  not  "been  good"  to  the  organi- 
zation which  nominated  and  helped  elect  them.  Have  they  been 
honored  with  renomination  and  re-election?  By  no  means,  if 
their  respective  parties  or  the  leaders  of  those  parties  could 
prevent  it  no  matter  what  means  were  employed  to  accomplish 
their  eradication  from  the  public  service. 

Without  proper  qualifications  and  with  the  full  knowledge 
of  what  his  party  expects  of  him,  the  average  supervisor  takes 
his  seat  as  a  member  of  this  important  and  powerful  body.  What 
an  individual  cannot  do  alone,  twenty  or  thirty  or  forty  of  his 
equals  can  do  no  better.  It  is  often  said  that  one  boy  alone  will 
do  one  boy's  work;  that  two  boys  will  do  one-half  a  boy's  work 
and  that  three  boys  will  do  no  work  at  all.  I  am  inclined  to  the 
belief  that  some  such  ratio  prevails  in  the  average  board  of  super- 
visors. 

16 


Supervisors'  Interpretation  of  the  Statutes 

When  we  first  discussed  with  boards  of  supervisors  the 
powers  conferred  and  duties  imposed  upon  them  by  law  and  the 
proper  method  of  exercising  those  powers  and  performing  those 
duties,  we  found  the  almost  general  belief  that  the  board  could 
do  anything  it  chose  unless  some  provision  of  law  specifically 
forbade  it.  The  courts,  however,  took  an  opposite  view  and  have 
uniformly  declared  that  a  board  of  supervisors  possesses  only 
those  powers  and  could  do  only  those  things  vrhich  the  law  au- 
thorized. In  other  words,  the  courts  hold  and  always  have  held 
that  the  powers  of  a  board  of  supervisors  were  limited  to  those 
specifically  conferred  by  statute  and  that  any  act  performed 
without  authority  in  law  is  illegal  and  not  binding  on  the  county. 
What  a  shock  it  was  to  the  board  to  receive  this  information, 
which  would  put  such  a  curb  upon  it.  They  knew  or  must  have 
known  that  a  review  of  their  work  in  the  past  would  not  only 
disclose  serious  illegalities  but  make  them  personalh'  liable  for 
losses  of  county  money  sustained  through  their  acts.  What  did 
they  do  ?  Did  they  acknowledge  their  wrongs  and  lend  their  aid 
in  correcting  so  far  as  possible  the  errors  of  the  past  and  making 
impossible  their  future  recurrence?  I  do  not  recall  many  such 
instances.  I  do  remember  that  many  boards  seemed  to  bend 
their  efl^orts  to  cover  up  past  mistakes  and  devise  schemes  for 
their  continuance. 

For  example,  in  Westchester  county,  our  examination  dis- 
closed the  fact  that  the  county  treasurer  was  retaining  to  his 
personal  use,  in  addition  to  his  fixed  salary  of  $5,000,  the  fees 
for  issuing  liquor  licenses  which  aggregated  in  the  neighborhood 
of  $5,000.  We  were  of  the  opinion  that  such  fees  belonged  to 
the  county  and  that  the  treasurer  was  illegally  retaining  them  to 
his  personal  use.  The  attention  of  the  board  of  supervisors  was 
called  to  the  matter  for  proper  adjustment,  and  they  adjusted 
it  by  increasing  the  salary  of  the  county  treasurer  to  $10,000, 
and  permitted  him  to  retain  the  fees  illegally  taken.  In  addition, 
the  board  agreed  to  provide  him  with  an  additional  clerk,  even 
though  his  office  had  been  relieved  of  performing  any  duties  under 
the  liquor  tax  law.  You  all  know  the  board  of  supervisors  took 
no  steps  to  recover  the  money  which  was  reported  to  have  been 
illegally  paid  to  its  former  county  clerk. 

But  I  have  another  and  a  better  one.  It  was  reported  that, 
during  the  period  covered  by  our  examination,  the  county  clerk 

17 


of  another  county  had  been  illegally  paid  in  the  neighborhood  of 
$10,000.  The  board  of  supervisors  was  urged  to  take  necessary 
steps  to  recover  the  money.  What  they  actually  did  was  to  pass 
a  resolution  fixing  the  salary  of  that  county  clerk  at  the  sum  of 
$3,000  a  year,  and  in  addition  thereto  the  amount  of  all  fees  paid 
to  him  in  former  years  which  the  State  Comptroller  had  de- 
clared illegal. 

Business  Sagacity! 

As  another  example  of  the  business  sagacity  displayed  by  a 
board  of  supervisors,  let  me  cite  this  instance.  A  certain  county 
is  and  has  been  employing  a  county  attorney  at  an  annual  salary 
of  $3,000,  whose  duties  are,  according  to  the  resolution  authoriz- 
ing his  appointment,  to  act  as  attorney  and  counselor  for  the 
county  and  for  the  several  offices,  boards  and  committees  thereof. 
An  examination  of  the  bills  audited  and  allowed  by  the  board  of 
supervisors  for  one  recent  year  shows  that  another  attorney  was 
paid  more  than  $13,000  for  legal  services  which  were  classified  as 
follows : 

For  legal  services  rendered  in  procuring  rights  of 

way    for   highways $9,498.82 

For  legal  services  rendered  county  treasurer 1,029.95 

For  legal    services 2,787.74 

Making  the  total  amount  paid  to  this  one  attorney  in 

addition  to  the  salary  of  the  county  attorney..  $13,316.51 

While  I  do  not  propose  to  pass  judgement  upon  the  quality 
of  service  rendered  by  this  attorney,  it  might  seem  that  his 
charge  of  nearly  $10,000  for  services  rendered  in  acquiring  title 
to  $21,000  worth  of  property,  is  out  of  proportion,  to  say  the 
least.  I  might  add  that  the  county  also  paid  $3,165  to  a  title 
guaranty  company  for  searching  titles  to  these  properties  from 
which  it  might  appear  that  the  $13,000  attorney  did  not  perform 
that  service. 

It  cost  that  county  according  to  its  own  figures  just 
$34,241.90  to  acquire  property  for  which  it  paid  the  owners 
$21,072.51.  A  glowing  memorial  to  the  business  sagacity  of  the 
board  of  supervisors  which  completed  the  transaction  and  paid 
the  bills  with  the  taxpayers'  money. 

There  is  no  end  to  the  instances  of  this  nature  which  I  can 
cite,  but  I  must  not  take  too  much  of  your  time  with  details  of 
which  you  may  be  familiar. 

18 


What  To  Do  With  Board  of  Supervisors 

Conditions  which  actually  exist  in  the  administration  of 
county  governmental  affairs  leads  us  to  no  other  conclusion  than 
that  they  must  be  removed  and  not  permitted  to  recur.  We  are 
now  confronted  with  the  question:  "How  can  that  best  be  ac- 
complished?" Since  you  gentlemen  have  made  a  very  compre- 
hensive study  of  the  situation  and  have  formulated  your  answer 
to  that  question,  I  will  but  briefly  give  my  answer  to  it.  To  my 
mind  the  whole  scheme  of  our  county  financial  government  is 
not  only  wrong  but  it  is  bad  since  it  permits  of  so  many  irregular 
and  illegal  practices.  I  am  firmly  convinced  that  either  the  board 
of  supervisors  should  be  abolished  or  that  it  should  be  permitted 
to  exercise  only  those  functions  which  are  purely  legislative  in 
character.  Provision  should  be  made  for  proper  administration 
of  the  county's  financial  affairs  by  officials  responsible  to  the  peo- 
ple for  the  honest  and  efficient  administration  of  the  affairs  of 
their  offices. 

I  am  convinced  that  we  cannot  patch  up  our  present  scheme 
to  satisfy  the  needs  of  today.  The  present  scheme  may  have 
been  sufficient  unto  the  day  it  was  created,  but  we  have  outworn 
and  outgrown  it,  and  must  cast  it  aside.  To  repair,  in  my 
opinion,  is  useless.  We  must  reconstruct  upon  new  plans  entirely 
if  we  attain  success  or  even  progress. 

Our  methods  of  assessing  property  values,  of  equalizing 
those  values,  of  levying  and  collecting  taxes,  are  all  obsolete  and 
must  be  entirely  changed,  not  made  over. 

More  Unification  of  Authority  Needed 

I  believe  we  should  have  a  county  board  or  commission,  to 
be  comprised  of  three  or  possibly  five  members,  who  should  as- 
sess the  value  of  property  subject  to  taxation  and  that  that  value 
should  be  used  as  the  basis  for  all  purposes  of  local  taxation.  I 
believe  that  all  taxes  should  be  collected  by  the  county  treasurer 
or  under  his  direction  and  that  all  claims  against  the  county 
should  be  audited  by  a  single  official  chosen  by  the  people  and 
directly  responsible  to  them  for  his  each  and  every  act. 

I  also  believe  that  the  qualifications  for  holding  public  office 
should  be  raised  to  the  highest  possible  point  and  that  officials 
be  chosen  because  of  their  fitness  for  office.  As  a  matter  of  fact, 
we  can  do  little  toward  good  until  we  fill  our  public  ©Alices  with 
competent,  conscientious  men,  or,  it  may  be  women. 

19 


When  we  have  completely  reorganized  our  system  of  county 
government,  established  those  oflfices  necessary  for  the  most  effi- 
cient administration  of  its  affairs,  financial  or  otherwise,  and 
filled  those  offices  with  honest,  competent  and  conscientious  per- 
sons, we  should  give  them  every  assistance  in  our  power  to  make 
their  administrations  most  successful. 

With  a  deep  feeling  of  shame  do  I  confess  that  the  election 
of  a  man  to  public  office  today  seems  to  be  regarded  generally 
as  a  signal  to  turn  upon  him  all  the  guns  of  vituperation  and 
abuse. 

I  believe  we  wrongfully  and  unjustly  abuse  our  public  offi- 
cials and  the  quicker  we  stop  it  the  better.  No  matter  what  may 
be  his  race,  preed  or  politics,  he  is  our  president  or  governor  or 
mayor,  as  the  case  may  be,  and  is  therefore  entitled  to  our  re- 
spect and  our  aid.    At  least  he  should  be  spared  our  slurs. 

I  do  not  profess  ability  to  prescribe  a  panacea  to  cure  all 
governmental  ills,  neither  am  I  a  pessimist  with  respect  to  pres- 
ent day  conditions.  I  believe  we  are  much  better  than  in  the  past 
and  that  during  the  last  few  years  our  progress  has  been  more 
rapid  than  ever  before.  I  believe  that  the  next  few  years  will 
untangle  many  of  our  governmental  snarls.  It  is  bound  to  come 
sooner  or  later  and  I  shall  derive  no  small  satisfaction  in  my 
later  years  in  the  belief  that  I  may  have  contributed  even  a  small 
part  to  that  end. 

Mr.  Gilbertson:  Mr.  Rockefeller,  I  gather  from  what  you 
say  that  you  favor  the  election  in  every  county,  or  presumably 
in  every  county  of  any  size,  of  an  auditor.  It  seems  to  me  that 
there  is  only  one  difficulty  with  that,  and  that  is  by  process  of 
election  you  would  have  difficulty  in  getting  the  man  you  wanted, 
a  man  of  technical  qualifications,  by  popular  election.  Don't  you 
think  that  objection  is  pretty  serious  to  making  that  office  elec- 
tive, in  general? 

Mr.  Rockefeller:  My  notion  was  to  get  some  responsible 
head  and  make  him  responsible  to  the  people.  I  don't  believe  you 
need  a  C.  P.  A.,  and  I  suggested  the  election  of  that  official  as 
perhaps  the  best  solution  of  the  problem.  Today,  under  the  Coun- 
ty Law,  the  Board  of  Supervisors  may  appoint  the  county  au- 
ditor. He  actually  is  an  auditor  and  audits  bills.  His  action  is 
final  except  that  it  may  be  reviewed  upon  appeal  by  the  Board  of 
Supervisors.  The  great  trouble  is  that  he  is  the  servant  of  the 
Board  and  is  going  to  trim  his  sails  so  that  he  will  please  the 

20 


Board  and  will  be  favored  by  the  Board.  If  he  doesn't,  out  he 
goes.  Take  the  county  comptroller;  the  county  comptroller  as  a 
matter  of  fact  does  not  finally  audit;  the  work  which  he  does  is 
more  in  the  nature  of  recommending  to  the  Board  of  Supervisors. 
The  purpose  of  that  law,  as  I  understand  it,  was  to  relieve  the 
Board  of  Supervisors,  to  get  someone  to  do  the  work  which  they 
should  do,  that  is  to  examine  these  accounts  and  bills  in  detail 
for  the  purpose  of  proving  their  correctness,  and  also  to  examine 
the  statutes  to  see  whether  or  not  they  are  proper  charges 
against  the  county.  But  he  does  not  finally  audit.  Both  are 
good,  but  I  think  a  sort  of  combination  of  the  two  offices,  giving 
to  this  official  full  power  to  audit,  the  same  as  the  State  Comp- 
troller does  for  the  State  and  the  city  comptroller  does  for  the 
city,  is  better.  If  you  can  devise  a  better  way  of  selection  than 
to  have  him  chosen  by  the  people,  I  am  in  favor  of  that. 

Mr.  Waldman:  Woud  it  not  be  better  in  the  auditing  of 
county  accounts,  that  the  officials  be  put  directly  under  a  separate 
department  ? 

Mr.  Rockefeller:  The  State  Comptroller  does  not  pretend  to 
audit.  We  simply  examine.  We  do  not  set  ourselves  up  as  a 
court  of  appeals  to  pass  judgment;  we  simply  examine  accounts 
and  claims  which  are  audited  and  express  pur  opinion.  Where 
there  is  evidence  of  criminality,  we  usually  present  the  facts  to 
the  prosecuting  officer. 

Mr.  Childs:  Am  I  correct  in  understanding  that  the  main 
job  of  your  bureau  is  to  show  the  county  officials  how  to  handle 
their  accounts  in  an  orderly  way? 

Mr.  Rockefeller:  That  has  been  our  line  of  action.  The  local 
officials,  as  a  rule,  are  a  pretty  decent  class  of  men  individually, 
but  are  handicapped  by  lack  of  knowledge  and  are  perhaps  in- 
clined to  follow  precedent. 

Member:  I  would  like  to  ask  Mr.  Rockefeller  whether  he 
would  not  approve  of  some  proposition  providing  that  the  county 
manager  should  have  the  authority  to  appoint  an  auditor  who 
should  do  this  auditing  under  a  uniform  state  law  and  having  also 
possibly  the  check  of  the  central  bureau  ? 

Mr.  Rockefeller:  Almost  anything  would  be  an  improvement 
under  present  conditions.  It  is  possible,  there  is  no  doubt  about  it. 

Mr.  Werner:  Would  you  favor  publishing  in  the  local  paper 
a  statement  of  the  county  bills,  after  the  auditor  has  satisfied 

2i. 


himself  as  to  the  correctness  of  the  figures ;  so  as  to  show  in  what 
way  the  money  has  been  expended. 

Mr.  Rockefeller:  Periodical  statements  of  that  kind  I  think 
might  be  beneficial. 

Mr.  Childs :    You  don't  want  to  increase  county  advertising. 

Mr.  Rockefeller:  That  is  a  different  thing.  In  Albany 
County  we  published  a  brief  statement  of  each  claim  filed  with 
the  supervisors  in  advance  of  auditing.  We  have  done  it  this 
year  for  the  first  time  and  I  am  not  prepared  to  say  just  now 
whether  it  is  meeting  with  the  anticipated  success. 

Mr.  Werner:    To  whom  ought  it  to  appeal? 

Mr.  Rockefeller:  It  ought  to  appeal  to  everybody.  It  is  a 
heartless  task  to  sit  down  afterwards  and  say  to  a  fellow,  "You 
are  not  entitled  to  that  money."  The  time  to  stop  it  is  before- 
hand, and  that  is  the  reason  we  suggested  it. 


[NOTE:— The  Conferences  for  the  Study  and  Reform  of  Coioity 
Government  were  held  under  the  auspices  of  The  Ne^n.'  York  Short 
Ballot  Organisation,  ^8j  Fourth  Ave.,  Nezv  York,  N.  Y.  Separate 
copies  of  this  pamphlet  may  be  had  at  that  address.] 


V 


i 


REPORT  OF  THE  COMPTROLLER  OF  THE 
STATE  OF  NEW  YORK 

ON    THE 

Fiscal  Affairs  of  the  County  of  Orange 

For  the  Year  Ended  October  31,  1913 


PATRICK  L.  RYAN,  ^.Examiners 
H.  M.  ANDERSON,     \  i^xammers. 


The  results  of  this  examination  are  set  forth  in  detail  under 
the  various  subdivisions  of  this  report,  and  a  general  statement 
only  is  contained  here,  dealing  with  the  most  important  features 
of  the  report. 

This  examination  covered  one  fiscal  year  of  the  county's  af- 
fairs ending  October  31,  1913.  It  was  found  that  county  adminis- 
tration during  that  year  was  carried  on,  in  many  important  re- 
spects, illegally,  and  in  many  cases  the  officials  completely 
ignored  the  law,  resulting  in  waste  of  public  moneys,  amounting 
to  many  thousands  of  dollars. 

There  was  during  this  period  examined,  and  there  had  been 
for  several  years  prior  thereto,  a  failure  to  levy  sufficient  taxes 
to  meet  current  expenses  and  a  failure  to  collect  all  of  the  insuffi- 
cient taxes  lexied.  The  deficit  has  been  financed  by  the  illegal 
issue  of  notes,  which  have  been  constantly  increasing  in  amount- 

The  financing  by  means  of  temporary  loans  and  unwarranted 
payment  of  interest  upon  temporary  loans  was  characterized  as 
absolutely  illegal  in  the  report  of  the  former  examination  by  this 
department,  the  report  of  which  was  filed  in  1910.  Yet  this  un- 
wise, illegal  and  inequitable  system  of  finance  has  been  continued. 

Money  was  appropriated  without  regard  to  the  necessities 
of  the  county  and  expended  without  regard  to  the  amount 
available. 

The  former  county  treasurer,  who  was  in  office  during  the 
period  examined,  had,  it  would  seem,  no  proper  conception  of  the 
legal  duties  imposed  upon  him.  He  made  payments  of  unauthor- 
ized drafts  of  committees  of  the  board — drafts  of  individuals  and 


officials — claims  without  legal  draft  or  order.  His  important 
statutory  duty  to  pay  only  on  proper  legal  authority  apparently 
constituted  meaningless  words. 

The  records  of  the  county  treasurer  for  the  year  examined 
failed  to  disclose,  by  appropriate  accounts,  the  purpose  of  the 
expenditure.  No  system  of  appropriation  by  detailed  budget  ex- 
isted. How  much  it  cost  for  the  various  expenses  of  government 
was  not  shown  and  the  necessary  data  was  lost  in  the  meaning- 
less totals  of  the  general  fund,  the  court  fund  and  poor  fund.  At 
much  expenditure  of  time  the  analysis  of  receipts  and  expendi- 
tures was  obtained  for  this  report. 

Fees  of  large  amount  which  belonged  to  the  county  were 
retained  by  the  former  county  treasurer,  with  full  notice  that  the 
fees  belonged  to  the  county,  as  stated  in  the  1910  report  of  the 
examination  by  this  department.  By  this  one  channel  alone  the 
county  has  lost  many  thousands  of  dollars,  from  the  period  cov- 
ered by  the  former  report  up  to  January,  1914,  when  the  new 
treasurer  took  office. 

The  county  clerk  has  failed  to  collect  for  the  benefit  of  the 
county  the  full  fees  required  by  law,  and  to  him  is  chargeable 
partly  the  illegal  and  costly  administration  of  the  court  fund,  to 
which  attention  is  especially  directed. 

The  board  of  supervisors  ordered  payments  that  were  with- 
out authority  of  law  to  the  extent  of  many  thousands  of  dollars. 
The  illegalities  in  the  audits  of  the  board  of  supervisors  were 
particularly  objectionable  because  of  the  fact  that  many  of  the 
subjects  of  criticism  were  called  to  the  board's  attention  in  the 
report  of  the  former  examination.  Illegal  payments  under  such 
circumstances  become  a  defiance  of  legal  restriction. 

The  methods  of  audit  were  such  as  perhaps  to  conceal,  and 
may  have  concealed,  additional  illegalities  not  discovered. 

The  administration  of  the  poor  fund  was  not  in  accord  with 
the  law  and  through  a  failure  of  the  officials  to  understand  the 
requirements  of  the  law  and  the  necessities  of  the  county,  the 
lack  of  proper  co-operation  between  the  county  treasurer,  the 
superintendent  of  the  poor  and  the  board  of  supervisors,  con- 
fusion resulted  in  the  poor  fund  finances  and  a  large  deficit  ac- 
cumulated which  was  financed  by  illegal  temporary  loans. 

During  the  examination  our  effort  was  not  to  criticize  illegal 
methods  found,  but  we  have  devoted  much  time  in  pointing  out 
the  law  and  the  proper  steps  to  be  taken  for  their  correction. 

The  county  has  suffered  financially  to  a  material  extent  from 

2 


inefficiency,  indifference  to  law  and  neglect.  It  has,  however,  to 
be  stated  that  the  affairs  of  the  county  have  apparently  reached  a 
turning  point  and  that  the  present  indication  is  that  the  county 
is  on  the  road  to  a  legal  and  businesslike  financial  administration. 
The  present  county  treasurer  is  exerting  great  efforts  to  extri- 
cate the  county  from  the  conditions  which  have  been  found.  He 
is  determined  to  prevent  payment,  except  upon  legally  authorized 
order.  His  accounting  system  has  been  modified  so  that  it  will 
show  the  purpose  of  the  expenditures.  The  examiners  have  been 
impressed  with  the  fact  that  there  are  many  members  of  the 
board  of  supervisors  who  desire  to  follow  the  law  and  to  act  only 
within  the  limitations  of  law,  and  that  many  members  are  exert- 
ing their  efforts  to  remedy  the  conditions  found. 


\ 

^^       [This  report  is  reprinted  from  an  unpublished  manuscript  in  the 
'     office  of  the  Comptroller  of  Nezc  York  State,  by  The  National  Short 

Ballot  Organisation,  38^  Fourth  Ave.,  Nezi'  York,  N.   Y.     Separate 

copies  obtainable.] 


•l 


Milwaukee   County 
Government 


A  Buiietiu  01  tae  Ciiy  vi't 


m 


f/ 


Being  a  Joint  Report  by  iiu  LojiinuL^c2j  on 
Civil  Service,  County  Administraiion, 
and   Coantif   Insiiluiio:  Buildings. 


Milwaukee    County    Government 

A  BULLETIN    OF    THE    CITY    CLUB 


Being   a  Joint   Report    by  the    Committees  on   County  Adminis- 
tration, Civil  Service,  and  Count])  Institutions  and  Buildings. 


COUNTY  ADMINISTRATION 

H.  N.  LAFLIN,  Chairman 
CHAS.  E.  ANDERTON 
W.  J.  BOLLENBECK 
MRS.  CHAS.  GOETTELMAN 
REV.  W.  F.  GREENMAN 
C.J.  HENDRICKS 
T.  L.  HINCKLEY 
V.  G.  ROBERTS 
BURDETTE  F.  WILLIAMS 
ARTHUR  W^.  FAIRCHILD 


CIVIL  SERVICE 

GEO.  A.  CHAMBERLAIN,  Chairman 

N.  L.  BAKER 

J.  B.  BLAKE 

CHAS.  FRIEND 

CHAS.  L.  GOSS 

DR.  W.  B.  HILL 

T.  L.  HINCKLEY 

WALTER  B.  HULL 

HARRY  S.  WOLLHEIM 


HORNELL  HART 


COUNTY    INSTITUTIONS 
AND  BUILDINGS 

"WM.  J.  MORGAN,  Chairman 
REV.  E.  A.  CUTLER 
H.  T.  FERGUSON 
REV.HERM.  L.FRITSCHEL 
MRS.  M.  E.  HAINES 
H.  C.  HENGELS 
ROBT.  N.McMYNN 
C.  M.  MORRIS 
CHAS.  A.  SEAMAN 
DR.  F.  A.  THOMPSON 
W.  L.  TIBBS 
Civic  Secretary 


TABLE  OF  CONTENTS 


I.     Summary   3 

A.  Milwaukee  County  Government  Defects. 

B.  A  Program  for  Remedying  County  Defects. 

II.     City  and  County  Government 4 

III.     Organization  of  ^lihvaukee  County  Government. 

A.  Resume  of  Historical  Development 4 

B.  Present  Organization   6 

T\'.     County  Finances. 

A.  Auditing  and   Accounting 9 

B.  County  Budget   12 

V.     The  Proposed  .Abolition  of  the  Boards  of  Trustees 15 

TABLE  OF  DIAGRAMS 

A.     Present  Organization  of  Milwaukee  County  Gi»vernmont 

Opposite  page  0 

1 ).      Present   Financial   System 10 

C.     Analysis  of  business  of  Hoard  of  Supervisors 11 


I.    SUMMARY. 
A,    Defects  in  Milwaukee  County  Government. 

1.  City  and  county  governments  parallel  each  other  in 
health  service,  poHce  service,  pubHc  works,  parks,  and  general 
administration.  This  means  confusion,  and  duplication  of 
overhead  expenses. 

2.  There  is  no  centralized  control  in  the  county  govern- 
ment:  authority  is  divided  between  eight  elected  executives, 
eight  independent  boards  of  trustees,  and  the  Board  of  Super- 
visors. 

3.  Milwaukee  County  has  43  elected  officials  in  addition  to 
89  city,  state,  and  national  officials  elected  from  Milwaukee — 
a  total  of  132  elected  officials. 

4.  Purchasing  is  done  by  13  or  more  separate  county 
officials,  involving  an  annual  waste  of  thousands  of  dollars. 

5.  Poor  relief  is  given  by  four  absolutely  independent 
county  agencies,  causing  confusion,  inefficiency,  and  waste. 
Pensions  out  of  county  funds  were  recently  found  to  have 
been  issued  to  dead  persons. 

6.  Fifteen  independent  officials  have  power  to  issue  orders 
on  the  county  treasurer,  with  no  central  audit  or  central  ac- 
counting. 

7.  The  budget  system  of  the  county  is  loose  and  confused. 
An  overdraft  of  $9,000  was  made  by  one  official  and  a  deficit 
of  $17,500  was  incurred  by  one  Board  of  Trustees  and  paid  by 
the  Board  of  Supervisors. 

8.  Only  77c  of  the  county  employees  are  under  civil  service. 

B,     A  Program  for  Remedying  County  Defects. 
1.     Immediate  Program. 

a.  Provide   for   a   County   Comptroller,    a   modernized 

budget  system,  and  a  County  Purchaser.  These 
are  all  covered  by  the  bill  introduced  into  the 
Legislature  recently  by  the  Board  of  Supervisors. 

b.  Place   count}'  employees  under  civil  service.     The 

City  Club  advocates  a  bill  for  this  purpose. 

c.  Abolish  the  boards  of  trustees  and  substitute  ade- 

quate administrative  machinery  for  co-ordinating 
the  management  of  the  county  institutions. 

3 


II.    CITY  AND  COUNTY  GOVERNMENTS. 

The  city  and  county  governments  in  Milwaukee  are  not 
properly  co-ordinated.  The  two  governments  parallel  each 
other  in  their  legislative  bodies,  in  health  and  hospital  service, 
in  police  service,  in  street  and  road  paving,  in  park  purchasing, 
and  in  general  administrative  offices  such  as  those  of  treasurer, 
attorney  and  clerk.  This  duplication  undoubtedly  represents  a 
very  considerable  waste  in  such  matters  as  overhead  expenses, 
and  purchasing.  Furthermore,  the  fact  that  both  city  and 
county  attack  the  same  problems  makes  it  difficult  to  work  out 
and  carry  through  any  comprehensive  plan  with  respect  to 
those  problems. 

A  further  disadvantage  involved  in  the  duplication  of 
governments  is  the  large  number  of  elected  officials  required 
by  this  system.  Twenty-five  or  more  elected  officers  could  be 
eliminated  by  combining  the  two  governments. 

The  difficulties  involved  in  bringing  about  city  and  county 
amalgamation  are,  however,  very  considerable.  In  the  first 
place  the  state  constitution  would  have  to  be  amended.  In  the 
second  place,  nine-tenths  of  the  territory  of  the  county  is  out- 
side the  city  limits  of  Milwaukee.  If  this  territory  were  in- 
cluded in  the  city  the  difficult  problem  of  a  fair  adjustment  of 
taxes  would  arise.  If  the  city  were  made  into  a  separate 
county,  some  adjustment  of  the  ownership  of  the  county  in- 
stitutions would  have  to  be  made,  for  15%  of  the  cost  of  these 
institutions  has  been  paid  by  residents  of  the  county  outside 
of  the  city. 

Most  of  the  defects  and  wastes  involved  in  the  division  be- 
tween city  and  county  governments  are.  however,  also  present 
within  those  governments  themselves.  Duplication  of  func- 
tions, confused  organization,  decentralized  ])urchasing.  and  an 
absurdly  long  ballot  are  all  features  of  the  present  county 
government.  These  defects  can  be  corrected  much  more  easily 
than  those  involved  in  the  relation  between  the  city  and 
county.  It  is  to  the  county  government  therefore,  that  the 
City  Club  committees  have  turned  their  immediate  attentinn. 

III.     ORGANIZATION  OF  MILWAUKEE  COUNTY 
GOVERNMENT. 

A.     Resume  of  Historical  Development. 

County  goNcrnmcnt,  more  than  that  of  cither  city,  state,  or 
nation,  is  a  traditional  and  historical  outgrowth.  The  ct^roner 
was  once  "crowner"  of  the   l*"nglish   kings.     The  sheriff  still 


1 


performs  some  of  the  duties  performed  by  sherififs  in  the  days 
of  Robin  Hood.  The  elective  board  of  supervisors  is  an  in- 
novation introduced  in  1691  in  New  York  State. 

More  recent  tradition  has  been  even  more  significant  in 
shaping  county  government.  The  constitution  of  Wisconsin 
adopted  in  1848,  made  such  government  rigid  by  requiring 
(Art.  IV.,  Section  23)  that  "  the  legislature  shall  provide  but 
one  system  of  town  and  county  government,  which  shall  be  as 
nearly  uniform  as  possible."  An  amendment  to  the  constitu- 
tion adopted  in  1881  prescribes  the  long  ballot  for  the  county 
by  providing   (Art.  VI.,  Section  4)    that  "Sheriffs,  coroners, 

registers  of  deeds,  district  attorneys,  and  all 
Constitutional  other  county  officers  except  judicial  officers. 
Provisions  shall  be  chosen  by  the  electors  of  the  respective 

counties  once  in  every  two  years." 

At  the  date  when  the  first  of  these  provisions  was  adopted, 
the  city  of  Milwaukee  had  less  than  20,000  inhabitants  and  the 
entire  state  had  only  305,000  inhabitants,    100,000    less    than 

Milwaukee  alone  now  includes.  At  that  date, 
Changed  with  all  the  counties  predominantly  rural,  a  uni- 
Conditions     form   system  of  county  government  seemed  the 

natural  thing.  In  1881  Milwaukee  was  only  one- 
third  its  present  size.  Thirty-four  years  have  elapsed  since 
then.  The  problems  of  a  great  city  have  been  growing  even 
more  rapidly  than  the  population.  Modern  methods  of  govern- 
ment have  been  developed  to  cope  with  those  problems.  Yet 
Milwaukee  is  bound,  by  provisions  half  a  century  old,  to  a 
decentralized,  cumbersome,  inefficient  form  of  county  govern- 
rhent. 

County  boards  in  this  state  were  originally  made  up  of  the 
presidents  of  town  boards,  and  of  ward  representatives.  Under 

this  system  the  Milwaukee  County  Board 
Unwieldy  County  of  Supervisors  grew  to  be  a  body  of  50 
Boards  men,  in  which  the  rural  part  of  the  county 

was  disproportionately  represented.  Be- 
cause of  its  size,  this  board  was  unwieldy  and  inefficient.  In 
order  to  promote  economy  in  the  administration  of  the  various 
county  institutions,  various  small  boards  of  trustees  were 
created  from  time  to  time  to  manage  the  poor  institutions,  the 
insane  asylums,  the  tuberculosis  sanitorium,  the  agricultural 
school,  and  the  parks.  The  control  of  the  House  of  Correction, 
the  House  of  Detention  (for  children),  and  the  Court  House 
has  been  left  directly  under  the  Supervisors.  The  jail  has  been 
left  under  the  control  of  the  Sheriff.  The  delegation  of  au- 
thority to  independent  boards,  while  it  increased  efficiency  in 
the  several  institutions  affected,  made  excessively  difficulty  the 
proper  co-ordination  of  the  various  departments  of  the  county. 


In  1911  the  size  of  the  Milwaukee  Board  of  Supervisors 
was  reduced  by  statute  from  50  to  19  members,  but  the  inde- 
pendent boards  have  still  been  retained.  Recently  efforts  have 
been  made  to  combine  the  functions  of  all  these  trustees  under 
one  board  of  5  members. 

Progress  is  constantly  being  made  in  statecraft.  For  in- 
stance, the  clerk  of  the  Circuit  Courts  was  made  an  ele^^t  ve 

officer  in  the  early  days  of  the  state.  lUit  when 
Need  of  the  Civil  Courts  were  created  in  1910.  the  mis- 

Adjustment        take  of  multiplying  elective  positions  was  seen 

and  the  clerk  of  the  Civil  Courts  was  made  ap- 
pointive. The  need  today  is  to  bring  the  whole  county  govern- 
ment up  to  date,  to  incorporate  in  our  county  system  the 
modern  methods  which  are  revolutionizing  the  business  and 
the  political  world. 


B.    Present  Organization  of  the  County  Government, 

As  a  result  of  the  historical  development  outlined  above, 
Milwaukee  county  government  is  too  complicated  to  be  suc- 
cessfully described  verbally.  For  the  sake  of  clearness  there- 
fore, a  diagram  has  been  prepared  (Chart  A)  to  which  con- 
stant reference  should  be  made  in  reading  the  following  analy- 
sis of  our  county  problems.  This  diagram  shows  the  a;:)point- 
ive  control  of  the  various  county  departments.  At  the  center, 
as  the  source  of  authority,  are  the  voters.  These  elect  the  ex- 
ecutive officers  of  the  county  ( represented  by  the  rectangles  at 
the  top  of  the  diagram),  the  legislative  board  (i.  e.  the  Super- 
\"^isors,  represented  by  the  long  parallelogram  in  the  lower  left 
hand  section  of  the  diagram),  and  the  judicial  officers  (repre- 
sented by  the  parallelograms  in  the  lower  right  hand  section 
of  the  diagram).  The  elected  executives  appoint  directly  their 
subordinates,  represented  by  the  oblongs  at  the  top  of  the  dia- 
gram. The  Board  of  Sujiervisors  apjjoints  various  boards  of 
trustees,  represented  by  the  row  of  rectangles  running  across 
the  diagram  below  the  su])ervisors.  These  boards  in  turn  ap- 
point the  subordinate  employees  of  the  various  institutions, 
represented  by  the  oblongs  at  the  bottom.  Thus,  by  following 
the  lines  from  the  voter  to  the  institution  or  from  the  institu- 
tion to  the  voter,  the  sources  of  authority,  as  vested  in  the  ap- 
pointive power,  may  be  traced  out. 

The  first  striking  fact  revealed  by  this  diagram  is  the  abso- 
lute- lack  (if  any  centralized  control  in  the  county.     Xot  only 

are  the  legislative,  executive,  and  judicial 
Diffused  Authority    powers  separated,  but  the  executive  au 

thority  is  itself  split  up  between  eiu:ht 
elected  officials  ( includintj  the  clerk  i)f  the  Circuit  Ctnirt  who 


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is  classed  under  the  judiciary  in  the  diagram).  Even  these 
elective  executives  do  not  possess  all  of  the  administrative 
powders  of  the  county.  The  county  institutions,  which  employ 
more  than  half  of  all  the  county  employees,  are  administered 
either  by  boards  of  trustees  (apponited  through  the  Board  of 
Supervisors  or  through  the  Governor)  or,  in  the  case  of  the 
House  of  Correction  and  House  of  Detention,  are  controlled 
by  the  committees  of  the  County  Board  itself.  Each  one  of 
the  boards  of  trustees  is  independent  of  every  other  one.  In 
their  hands  is  vested  the  full  authority  to  create  new  positions, 
alter  salaries,  expend  money,  and  run  the  business  of  their  re- 
spective institutions.  In  a  word,  the  executive  functions  of  the 
county  government  are  divided  up  between  eight  independent 
elective  officials,  seven  independent  appointive  boards,  and  the 
independently  elected  board  of  supervisors.  The  authority 
could  scarcely  be  more  diffused  and  chaotic  than  in  the  Mil- 
waukee county  government. 

The  practical  results  of  this  condition  are  very  serious.  No 
constructive  policy  for  the  whole  county  government  can  be 
put  into  effect  because  of  the  lack  of  any  controlling  head. 
Departments  whose  work  is  closely  related  are  likely  to  be 
wholly  unco-ordinated.  The  District  Attorney  and  the  Cor- 
oner, for  example,  will  for  the  next  two  years,  be  of  different 
political  parties,  although  their  work  should  be  very  carefully 
co-ordinated.  The  same  thing  might  easily  be  true  of  the 
District  Attorney  and  the  Sheriff.  The  County  Clerk  and 
Board  of  Supervisors  may  easily  be  at  enmity  politically,  al- 
though the  former  should  be  the  ready  servant  of  the  latter. 
The  Clerk  of  the  Circuit  Court,  again,  may  be  entirely  insub- 
ordinate to  the  judges  of  that  court,  inasmuch  as  he  is  inde- 
pendently elected. 

The  long  ballot  is  another  extremely  unfortunate  feature  of 
the  present  diffusion  of  responsibility.     There  are  43  elected 

officials  in  the  Milwaukee  county  govern- 
The  Long  Ballot       ment.     This  is  in  addition  to  56  elected 

officials  in  the  city  government,  and  33  in 
the  state  and  national  governments  elected  from  this  county. 
The  residents  of  Milwaukee  thus  vote  upon  132  elected 
officials.  Is  it  any  wonder  that  men  are  sometimes  elected 
who  are  entirely  incompetent  to  fill  the  offices?  The  duties  of 
the  County  Surveyor,  the  County  Treasurer,  the  Register  of 
Deeds,  the  County  Coroner,  all  require  expert  qualifications. 
When  the  names  of  literally  scores  of  candidates  appear  on  the 
final  ballot,  it  is  absolutely  impossible  for  the  voter  to  be  in- 
formed as  to  the  qualifications  of  the  various  men.  Adminis- 
trative positions  should  be  filled  by  appointment  under  a  merit 
system. 

7 


Unfortunately  the  constitutional  provision  for  the  biennial 
election  of  county  officers  prohibits  the  correction  of  the  worst 
of  these  defects.  This  provision  will  have  to  be  amended  be- 
fore Milwaukee  county  can  secure  a  thoroughly  centralized 
government  or  a  short  ballot. 

Whether  or  not  a  constitutional  amendment  is  feasible  at 
this  time,  certain  glaring  defects  in  the  organization  of  the 
county  government  can  be  corrected  by  legislation. 

Lack  of  centralized  purchasing  for  the  county  is  perhaps 
the  most  clearly  wasteful  feature  of  the  present  system.     At 

least  13  different  officials  have  the  authority  to 
Purchasing    buy  independently  for  county  uses.     Coal  for  11 

different  county  institutions  and  buildings  is  pur- 
chased by  10  different  persons.  Centralization  of  purchasing 
is  one  of  the  most  crying  needs  of  the  county  government,  and 
this  can  be  secured  by  legislation  without  constitutional 
amendment. 

Another  striking  defect  which  can  be  remedied  by  legisla- 
tion is  the  confusion  of  authority  in  the  care  of  the  county 
poor.    This  duty  is  split  up  between  several 
Outdoor  Relief      absolutely  independent  county  departments. 
Confused  Institutional    relief   is   granted   through    the 

Home  for  Dependent  Children,  and  the 
Almshouse,  under  two  quite  independent  boards  of  trustees. 
Outdoor  relief  is  split  up  between  four  separate  agencies.  The 
"Outdoor  Relief  Department"  cares  for  general  cases,  the 
Board  of  Supervisors  under  advice  from  the  Examiner  of  the 
Blind  grants  relief  to  blind  persons,  the  Juvenile  Court  dis- 
penses money  to  needy  families  having  children,  and  the 
Soldiers'  Relief  Commission  provides  assistance  for  veterans. 
The  city  offers  a  fifth  agency  in  the  nurses  who  distribute  a 
county  fund  for  tubercular  families. 

This  diffusion  of  control  in  public  charity  brings  inevitable 
inefficiency.  Investigations  are  either  duplicated  or  neglected. 
The  probation  officers  and  the  outdoor  relief  agents  make  in- 
dependent investigations  of  the  same  families  whereas  what  is 
needed  is  one  thorough  study  of  the  ])roblems  of  each  family. 
Last  year  the  ])robation  officers  were  directed  to  go  over  the 
lists  of  blind  pensioners  (of  whose  cases  no  proper  investiga- 
tion had  previously  been  made).  They  found  that  this  relief 
was  being  drawn  for  several  dead  ])ersons.  There  is  no  logical 
reason  why  the  outdoor  relief  department  should  not  handle 
this  class  of  work. 

Soldiers'  pensions  are  also  given  without  any  investigation 
beyond  a  sworn  statement  by  the  ajjplicant. 

8 


J 


Civil  service  is  another  pressing  need  of  the  county  govern- 
ment. This  subject  is  discussed  in  another  pubhcation  of  the 
City  Club. 

IV.     COUNTY  FINANCES. 

A.    Auditing  and  Accounting. 

The  County  Finance  Bill,  advocated  by  the  Board  of 
Supervisors,  aims  to  correct  certain  very  glaring  defects  in  the 
present  financial  system  of  the  county. 

The  fundamental  trouble  with  Milwaukee  county  finances 
is  lack  of  centralized  control.  The  State  Tax  Commission  in 
1913  made  a  study  of  the  county  finances  at 
Diffused  the    request    of    the    County    Board.      This 

Responsibility  study  show^ed  that  the  County  Treasurer 
pays  vouchers  emanating  from  fifteen  inde- 
pendent sources.  Approximately  two-thirds  of  the  entire  ex- 
penditures of  the  county  (paid  out  on  "county  orders")  do  go 
through  an  audit  in  the  County  Clerk's  office,  and  accounts  are 
kept  of  them  there.  The  other  third  of  the  county  money, 
however,  is  paid  out  on  the  order  of  fourteen  independent 
county  agencies.  Xo  central  audit  and  no  central  accounting 
is  made  for  these  latter  funds.  Chart  B  illustrates  these  con- 
ditions. 

Even  the  audit  of  the  "count}'  orders"  is  extremely  unsatis- 
factory. Most  of  these  bills  are  audited  by  committees  of  the 
County  Board.  One  payment  of  over  $400  was  made 
Correct  simply  upon  an  invoice,  without  a  bill  having  been 
Auditing  submitted.  There  was  no  certificate  that  these 
goods  had  ever  been  received,  or  checked  over  and 
found  correct.  On  other  bills,  the  space  for  certifiying  the  re- 
ceipt of  the  goods  is  often  left  entirely  blank. 

The  bills  audited  by  the  County  Board  are  not  classified  or 
even  totaled.  \Mien  presented  to  the  board  they  are  bunched, 
according  to  the  committees  which  are  to  consider  them,  under 
such  heads  as  "Sheriff's  Accounts,"  "House  of  Correction," 
"Penal  and  Charitable  Institutions,'*  and  totals  are  given  of 
the  bills  presented  under  each  of  these  heads.  \\'hen  the  bills 
are  ordered  paid,  however,  even  these  totals  are  omitted, 
simply  a  list  of  firms  and  amounts  being  given  with  such  ex- 
planation as  the  words  "mdse,"  or  "services."  The  Sheriff's 
accounts,  for  example,  include  such  items  as  meat,  gasoline, 
soap,  auto  repairs,  vegetables,  etc.  Yet  these  classes  of  items 
are  never  separated  and  subtotaled  anywhere  in  the  "county 
order"  accounts.     It  is  impossible  to  tell  from  the  official  ac- 

9 


10 


counts  of  the  county  how  much  the  sheriff  spends  for  groceries 
from  month  to  month  without  going  through  the  whole  batch 
of  bills  and  adding  up  the  separate  items. 

Recently  numbers  of  bills  have  been  allowed  by  the  super- 
visors at  the  same  meeting  at  which  they  were  presented,  un- 
der suspension  of  the  rules,  without  even  being  considered  by 
a  committee.  On  November  10.  1914.  over  $14,000  was  ordered 
paid  in  this  way. 

Upon  this  unsatisfactory  auditing  of  bills  the  Board  of 
Supervisors  is  obliged  to  expend  nearly  one-half  of  its  entire 
attention,  judging  from  the  space  devoted  to  those  matters  in 
the  proceedings  (as  illustrated  in  Chart  C).  Such  a  ])rocedure 
is  wasteful,  inefficient,  and  wholly  unnecessary. 

Analysis  of  the  Business  Transacted  by  the  Board  of 
Supervisors 


msEst 


T^X  PROTESrSi 


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GENUINELY  LEGISLATIVE 

ruinEKS 

¥0% 


CHART  C. 

Percentages  are  based  upon  the  space  taken  up  in  the 
proceedings. 

Another  feature  of  the  decentralized  finances  of  the  county 
government  is  the  diffusion  of  the  authority  to  limit  expendi- 

11 


tiires.  Out  of  a  $2,500,000  budi^et,  less  than  $1,000,000  was 
appropriated  by  the  determination  of  the  County  Board. 
About  $750,000  was  made  up  of  mandatory  appropriations  for 
the  independent  boards  of  trustees.  Another  SJ.^O.OOO  was  de- 
termined by  state  laws,  includino^  the  road  improvement  fund, 
park  fund,  court  fees,  and  a  number  of  salaries  fixed  by  statute. 

Due  to  the  present  classification  of  county  expenditures  it 
is  impossible  to  tell  from  the  official  financial  reports  of  the 
county  how  much  is  being  spent  for  various  purposes.  Xo 
layman  can  tell,  for  example,  from  the  treasurer's  report  how 
much  the  Juvenile  Court  is  costing,  and  to  ascertain  the  ex- 
pense of  running  the  county  jail  for  a  year  would  require  days 
of  study  by  an  expert  accountant.  To  tell  what  the  actual  cost 
of  the  entire  county  government  for  the  year  has  been,  is  im- 
possible, since  the  fiscal  years  of  the  various  boards  of  trustees 
are  different,  and  since  there  is  no  central  accounting  as  to 
obligations  incurred  but  unpaid.  The  accounting  provided  for 
under  the  County  Finance  15ill  will  correct  these  defects  autiv 
matically. 

The  defects  in  the  accounting  system  of  the  county  may  be 
summarized  in  the  words  of  the  Tax  Commission's  report. 
"The  plan  (of  county  bookkeeping)  should  be  comprehensive 
enough  to  protect  the  county  treasury  in  all  places  and  under 
all  circumstances.  It  should  be  broadly  enough  conceived  in 
its  scope  to  furnish  c<>m]")ara])le  statistics  of  costs  in  all  offices, 
departments,  and  institutions.  The  present  accounting 
methods  meet  this  ideal  in  neither  case,  even  where  best 
organized  and  kept." 

This  condition  the  Supervisors  are  attempting  tc^  meet  by 
their  I-'inance  I  Jill.  They  should  receive  the  su])])ort  of  all  per- 
sons interested  in  efficient  government. 


B.    The  County  Budget. 


The  County  T.oard  recently  adit])ted  a  budget  of  nearly 
S2..=^00.000  for  the  year  1<)15.  The  methods  under  which  this 
budget  was  prepared  and  adopted  are,  like  the  accounting  sys- 
tem of  the  cotuity,  recognized  ])y  the  county  officials  as  being 
far  behind  modern  standards.  The  proix)sed  County  i'inance 
Law,  therefore,  provides  for  a  scientific,  itemized  budget  pro- 
cedure, which,  in  the  ojjinion  of  the  County  Administration  Com- 
mittee of  the  Cits  Clul).  corrects  many  of  tlu-  defects  of  tlie 
l)resent  svstem. 

12 


A  budget  should  perform  at  least  three  functions :  it  should 
show  clearly  to  the  public  the  purposes  for  which  public  money 
is   intended   to   be   spent ;   it   should    form   the 
Functions  of      basis  for  estimating  how  much  money  must  be 
a  Budget  raised  by  taxation ;  and  it  should  serve  to  keep 

the  expendtiures  for  various  purposes  within 
the  limits  set  by  the  legislative  body.  The  county  budget  ful- 
fills the  second  of  these  purposes,  but  it  fails  lamentably  to 
perform  the  publicity  and  regulative  functions. 

The  public  certainly  has  a  right  to  know  how  its  money  is 
to  be  spent.  There  is  no  provision  in  the  present  county  pro- 
cedure for  giving  the  public  an  adequate  opportunity  to  study 
the  budget  as  a  whole  before  it  is  passed.  The  County  Board 
committee  on  Treasury  and  Taxes,  which  prepares  the  budget, 
must  complete  its  work  before  the  annual  meeting  of  the 
board  in  November.  Estimates  for  expenditures  for  the  ensu- 
ing year  do  not  reach  this  committee  from  some  of  the  depart- 
ments until  about  the  end  of  October,  thus  greatly  hurrying 
the  committee  and  the  office  of  the  County  Clerk  in  getting 
the  budget  into  shape.  It  is  therefore  almost  impossible  for 
any  considerable  publicity  to  be  given  to  the  budget  before  its 
adoption.  This  year  an  effort  was  made  in  this  direction,  the 
budget  having  been  given  to  the  press  as  soon  as  it  was  in 
final  shape — three  days  before  its  adoption.  Under  the  pro- 
posed law,  estimates  must  be  submitted  by  a  definite  date,  al- 
lowing adequate  time  for  discussion,  and  public  hearings  are 
provided  for. 

A  budget,  if  it  is  to  be  clearly  understood  and  intelligently 
analyzed,  must  be  subdivided  and  classified.  This  is  not  done 
in  the  present  county  budget.  The  cost  of  the 
Itemization  Sheriff's  department,  for  example,  should  be 
shown  in  one  total.  This  total  should  then  be 
functionalized ;  i.  e.,  divided  into  some  such  division  as  ad- 
ministrative expense,  care  of  prisoners,  and  court  and  police 
duties.  These  functions,  in  turn,  should  be  subdivided  into 
salaries  and  wages,  materials  and  supplies,  new  equipment, 
etc.  Enough  detail  should  then  be  given  for  each  of  these 
items  so  that  it  would  be  possible  for  the  public  to  tell  just 
what  individual  salaries  are  to  be  paid,  just  what  kind  of  sup- 
plies purchased,  and  just  what  new  equipment  secured. 

The  present  county  budget  fails  entirely  at  this  point.  The 
amount  of  the  total  appropriation  for  the  Sheriff's  department 
cannot  be  determined  from  the  budget.  A  lump  sum  of 
$15,000  is  set  up  for  Sheriff's  accounts,  but  this  does  not  in- 
clude the  $65,000  payroll  of  that  department.  This  latter  sum 
is  lumped  into  a  general  salary  item  of  $400,000.    This  salary 

13 


item  incJudes  also  the  pay  rolls  of  the  House  of  Correction. 
District  Attorney.  County  Clerk,  Register  of  Deeds,  County 
Treasurer.  Detention  Home,  Court  House,  and  the  various 
courts,  yet  no  detail  is  tiresented  to  show  how  it  is  made  up, 
or  to  indicate  the  causes  for  any  increase  which  may  occur  in 
it.     Under  the  proposed  law  classified  details  will  be  required. 

Since  the  Sheriff's  budget  is  typical  of  the  weaknesses  of 
the  county  budget  procedure,  a  brief  outline  is  given  below  of 
that  budget  as  it  is  and  as  it  might  ])e  under  the  proposed  Finance 
Law : 

Sheriff's  Budget  for  1915 


As  actually  passed: 

Sheriff's   accounts.   $lo.0()() 
Salaries    (part    ol    $400,000) 
Total     (impossible    to    ascer- 
tain from  the  budget) 


As  it  Would  be  Under 
Comptroller  Law 


the 


Total  Appropki.JiTiox  $ 

Administration 

Salaries   and   Wages 

Sheriff  $ 

Under-sheriff  $ 

Stenographer  $   

Chauffeur  $   

Materials  and  Supplies 

Office   supplies  $ 

Postage  $ 

Sundries  $ 

Contract   and   Open   Order    Service 
Telephone  Service  $ 

Care  of  Prisoners 

Salaries  and  Wages 

Jailer  $ 

Turnkeys,  2  at  $900  $ 

Matron  $ 

Watchman  $ 

Janitor  $ 

Materials  and   Supplies 

Food  $ 

Bedding  $ 

Sundries  $ 

Contract   and   Open   Order    Service 

$ 

New   r.f|uipment 
Additional   beds  $ 

Court  and  Police  Duties 

Salaries  and  Wages 

44     deputy     sheriffs     at 

$1.I.»(M)'  $ 

Clerk  $ 

14 


Materials  and   Supplies 

Office  supplies  $ 

Printed  forms  and 

Stationery  $ 

Motor  vehicle  supplies      $ 

Contract  and   Open   Order    Service 

..$ 

New  Equipment 
New  motorcycles  $ 

This  is  only  a  suggestive  outline  and  is  subject  to  modifica- 
tion, but  it  shows  the  sort  of  detail  which  would  be  required 
under  the  proposed  law. 

It  should  be  stated  that  several  of  the  boards  of  trustees 
having  charge  of  institutions  go  through  their  budget  in  some 
detail  before  submitting  their  requests  to  the  Board  of  Super- 
visors. But  this  detail  is  not  analyzed  beyond  such  general 
items  as  "wages"  or  "food"  and  even  these  details  are  not  in- 
cluded in  the  final  budget. 

Probably  the  most  fundamental  defect  in  the  present 
count}-  budget  is  the  fact  that  it  cannot  make  legally  binding 
appropriations. 

The  county  has  but  one  general  fund.  Any  department  may 
legally  overdraw  its  budget  appropriation.  For  example,  the 
"Sherifif's  Accounts"  were  allowed  Si 5.000  in  the 
Overdrafts  1014  budget.  The  Sherifif  actually  spent  $24,105.63 
— an  overdraft  of  $9,000  or  6o7c  over  and  above  his 
budget  allowance.  Yet  this  is  only  one  of  several  overdrafts. 
Such  a  condition  makes  the  budget  inefifective  as  a  check  upon 
expenditures. 

Closely  allied  to  this  ease  of  overdrawing  accounts  is  the 
practice  of  running  deficits.     The  Trustees  of  the  Poor  have 
incurred  a  deficit  of  $17,512.  to  cover  which  an  ap- 
Deficits      propriation    was    asked    and    secured    in    the    1915 
budget.    The  Home  for  Dependent  Children  has  in- 
curred a  deficit  of  $9,000,  to  cover  which  an  appropriation  was 
asked  and  granted  in  the  1915  budget.     Such  practices  will  be 
more  easily  prevented  under  the  proposed  County  Finance  Law. 
The  passage  of  this  bill  is  therefore  obviously  a  step  toward 
sane  business  methods  in  county  affairs. 

V.  THE  PROPOSED  ABOLITION  OF  THE  BOARDS 
OF  TRUSTEES 

The  abolition  of  the  Boards  of  Trustees  of  the  various 
county  institutions  is  proposed  by  the  Superivsors  of  Milwau- 

15 


kee  County.  The  institutions  of  this  county  have,  as  in- 
dividual institutions,  been  efficiently  managed.  The  County 
Hospital,  for  instance,  has  been  pronounced  by  authorities  to 
be  the  best  hospital  in  ^Milwaukee.  Collectively,  however, 
these  institutions  have  failed  of  efficient  management  in  three 
ways : 

First :  The  purchasing  for  the  various  institutions  has 
been  done  independently.  Ten  different  and  independent 
officials  have  purchased  food  for  the  inmates  of  the  institu- 
tions, amounting  in  the  aggregate  to  over  $100,000  annually 
for  this  item  alone. 

Second :  The  control  of  county  expenditures  has  been 
diffused  between  various  boards  and  officials.  Fifteen  differ- 
ent authorities  have  independent  power  to  issue  orders  on  the 
county  treasurer. 

Third:  Co-ordination  has  been  lacking  between  the  vari- 
ous county  institutions.  There  has  been  notable  lack  of  effi- 
cient adjustment  in  such  matters  as  the  transfer  of  patients 
from  one  institution  to  another,  the  performance  of  labor  by 
patients  of  one  institution  who  are  able  to  work  at  another 
institution,  the  development  of  central  heating  and  p  )wer 
facilities,  the  efficient  assignment  of  land  to  the  various  in- 
stitutions, the  co-operative  use  of  machinery,  buildings,  or 
employees  by  the  several  institutions,  etc. 

These  conditions  need  to  be  corrected  by  some  form  of 
centralized  control.  The  first  two  difficulties  can  be  met  by 
the  passage  of  the  bill  advocated  by  the  Supervisors  provid- 
ing for  a  County  Comptroller  and  County  Purchaser.  In 
order  to  meet  the  third  difficulty  it  is  proposed  by  the  Super- 
visors to  abolish  the  various  boards  of  trustees  and  to  vest 
their  powers  in  the  Fjoard  of  Supervisors. 

Four  possible  methods  might  succeed  in  bringing  co- 
ordination between  the  various  institutions : 

I.  The  boards  of  trustees  might  be  abolished  and  their 
powers  vested  directly  in  the  county  board. 

II.  The  boards  of  trustees  might  be  abolished  and  a  single 
board  of  administrators  be  created  to  manage  these  institu- 
tions. 

III.  The  boards  of  trustees  might  be  abolished  and  a 
county  manager  system  created  to  have  charge  of  the  routine 
administrati<Mi  of  county  affairs. 

I\'.  The  boards  of  trustees  might  be  lofl  in  charge,  but 
with  the  financial  control  vested  in  the  Supervisors  through 
the    County    Comi)troller.    and     the    jnirchasing    centralized 

IG 


through  the  County  Purchaser.  The  boards  of  trustees  might 
then  endeavor  to  bring  about  co-ordination  by  appointing  a 
joint  committee  to  recommend  methods  of  co-operation. 

Plan  number  I.  would  mean  simply  the  creation  of  com- 
mittees of  the  county  board  to  look  after  the  various  institu- 
tions. These  committees  would  be  less  permanent,  and  hence 
less  familiar  with  the  problems  of  the  institutions  than  are 
the  present  boards  of  trustees.  No  emplo3'ed  officer  would  be 
responsible  for  the  co-ordination  of  the  institutions.  Because 
of  the  fact  that  the  single  County  Board  would  have  ultimate 
authority,  many  improvements  might  be  achieved.  Yet  the 
second  or  third  plan  would  seem  to  promise  better  results. 

Plan  number  II.  would  be  a  step  in  the  right  direction  if 
the  board  of  administrators  were  made  up  of  the  best  mem- 
bers of  the  old  boards  of  trustees.  \\'ith  the  auditing  of  bills 
being  cared  for  by  the  county  comptroller  the  time  of  the 
board  of  administrators  would  be  free  to  co-ordinate  the  vari- 
ous institutions  and  decide  general  questions  of  policy.  The 
proposition  of  requiring  these  men  to  devote  all  of  their  time 
to  this  work,  is,  however,  of  dubious  value.  They  would  be 
required  to  act  as  a  body  and  not  as  individuals.  Five  men 
acting  as  a  group  are  less  competent  to  carry  out  the  routine 
of  administration  than  one  man.  If  five  administrators  are  to 
be  employed  at  large  salaries  for  full  time  work,  they  should 
be  specialists  and  should  each  be  given  charge  of  some  particu- 
lar phase  of  the  county  work.  This  would  be  the  arrangement 
under  plan  number  III.  If,  however,  this  board  of  adminis- 
trators is  to  decide  simply  the  questions  of  general  policy,  they 
should  not  be  required  to  devote  any  large  proportion  of  their 
time  to  the  work,  nor  should  they  receive  large  salaries. 

Plan  number  III.  would  organize  the  county  administra- 
tion along  the  lines  of  a  business  corporation.  The  super- 
visors would  correspond  to  directors.  They  would  appoint  a 
county  manager  corresponding  to  the  general  manager  of  the 
corporation.  Under  this  manager  could  be  placed  the  various 
department  chiefs.  There  is  great  need  of  a  county  engineer, 
not  only  to  construct  highways  and  bridges,  but  to  inspect  or 
provide  for  the  inspection  of  county  buildings  being  eretced 
under  contracts,  in  order  to  protect  the  county's  interests.  His 
department  should  also  test  the  various  county  supplies,  such 
as  coal,  paper,  oil,  paving  materials,  etc.  These  additional 
functions  should  be  given  to  the  County  Highway  Commis- 
sioner, thus  achieving  the  result  without  creating  a  new  posi- 
tion. 

The  county  also  needs  a  centralized  charity  department. 
The  Outdoor  Relief,  the  Almshouse,  and  the  Home  for  De- 
pendent  Children   should   all   be  under  one  department.     At 

17 


present  four  different  count}'  agencies  are  dispensing  outdoor 
relief.  The  pensions  for  the  bHnd  should  certainly  be  placed 
under  the  outdoor  relief  department. 

It  might  seem  wise,  sooner  or  later,  to  consolidate  all  of 
the  county  work  for  the  sick  under  one  Health  Commissioner. 
Perhaps  this  step  should  be  delayed,  however,  until  the  new 
system  has  gotten  well  under  way.  Later  also,  it  might  be- 
come legally  possible  to  consolidate  the  control  of  the  jail  and 
house  of  correction  under  one  inspector. 

The  great  advantage  of  the  above  proposal  would  be  that  it 
would  provide  the  Board  of  Supervisors  with  an  administra- 
tive, agent  giving  his  full  time  to  work  under  their  direction. 
When  questions  arose  such  as  whether  additional  employees 
were  needed,  whether  a  new  building  was  required,  or  how  the 
farm  lands  should  be  assigned,  he  could  make  the  necessary 
investigations  and  report  to  them.  All  of  the  details  of  the 
management  could  be  taken  care  of  by  the  manager,  leaving 
the  supervisors  free  to  decide  the  questions  of  general  policy. 

In  case  the  boards  of  trustees  are  not  abolished  plan  num- 
ber IV.  might  be  the  means  of  bringing  about  some  degree  of 
co-ordination.  Under  this  plan  the  various  boards  would 
unite  in  appointing  a  joint  committee  on  co-operation. 

Conclusions 

After  considering  the  advantages  and  disadvantages  of 
each  of  the  above  plans,  the  county  committees  of  the  City 
Club  recommend  : 

1.  That  the  boards  of  trustees  be  abolished,  provided  that 
a  good  Civil  Service  law  and  the  Supervisors'  Uill  providing 
for  a  County  Comptroller  and  Purchaser  be  first  enacted,  and 
that  adequate  administrative  machinery  be  established  for  co- 
ordinating the  management  of  the  county  institutions. 

2.  Under  the  foregoing  conditions  these  committees 
would  endorse  the  creation  of  a  single  board  of  administrators 
to  control  the  county  institutions.  These  administrators 
should,  however,  serve  without  pav,  or  with  only  nominal 
compensation. 

3.  The  Milwaukee  Hospital  for  Insane,  which  is  now 
largely  under  state  control  and  support,  with  its  board  of  trus- 
tees ap])ointcd  by  the  G(nernor.  should  probably  be  excludetl 
from  the  foregoing  considerations,  and  carried  completely  un- 
der state  control  like  the  State  Ibispital  for  Insane  at  Oshkosh 
and  Mendota. 

4.  The  Mouse  of  Correction,  and  Juxenile  House  of  De- 
tention, being  county  institutions,  should  be  included  with 
other  county  institutions,  as  within  the  application  of  any 
general  plan  for  centralization  of  county  control  and  ad- 
ministration. 

18 


■v'^'S 


BY 


'K^JBL  WULIS  CREGRAFT,  M.1 


*uupn,cMeNT  OF  THe  Requirements  por  the  Degrek 
PhilosophV,  )n  the  Faculty  of  Political 
iiENCE,  Columbia  University." 


^e:f? 


N.J 


THE  GOVERNMENT 


OF 


HUDSON  COUNTY 

NEW    JERSEY 


BY 

EARL  WILLIS  CRECRAFT.  M.A. 


JEIRSEIY  CITY,  N.J 
1Q1S 


CONTENTS 

Chapter 

I.  Iijtroduction. 

II.  The  County  Supervisor,  Chief  Executive. 

III.  The  Board  of  Chosen  Freeholders. 

IV.  Functions  of  the  Board  of  Freeholders — 

Buildings  and  Institutions. 

V.     Functions  of  the  Board  of  Freeholders — 
Officers  of  Administration. 

VI.     The  County-State  Administration. 
VII.     The  State-County  Administration. 

VIII.     The  Judiciary. 

IX.    County  Financial  Administration. 

X.     Conclusion.    . 


(3) 


CHAPTER  I 

INTRODUCTORY 

Hudson  County  is  one  of  the  two  counties  of  the  first 
class  in  the  State  of  New  Jersey.^  In  point  of  popula- 
tion it  is  the  largest  county  in  the  State  but  in  respect  to 
its  area  it  is  the  smallest.^  The  cost  per  inhabitant  for 
the  government  of  the  county  in  1913  was  $3.30,  which 
was  an  increase  of  $1.32  per  capita  since  1908.  The  per 
capita  wealth  of  the  county  in  1913  was  $977.68,  and  in 
1908  was  $820.85,  showing  an  increase  of  $106.83  in  the 
per  capita  wealth  of  the  county  for  a  period  of  five  con- 
secutive 3^ears.  The  county  has  had  a  rapid  growth 
both  in  population  and  in  economic  wealth  and  the 
prospects  are  favorable  for  a  still  greater  development 
due  to  its  position  as  near  neighbor  to  the  City  of  New 
York,  just  across  the  Hudson.^ 

While  Hudson  County  has  grown  to  be  the  most 
populous  of  the  twenty-one  counties  of  the  State,  its  his- 
tory as  a  separate  political  unit  dates  from  a  much  later 
period  than  that  of  the  older  counties  of  New  Jersey. 
The  first  appearance  of  any  county  as  a  unit  of  local  gov- 
ernment in  New  Jersey  was  in  1675.  Hudson  County, 
however,  did  not  become  a  separate  county  until  1840. 
In  the  colonial  period,  distinct  county  functions  first 
take  root  in  the  *' Concessions"  of  1665,  which  may  be 


'  Essex  County  is  also  a  county  of  the  first  class.  Its  population  in 
1910  was  512,886.  For  legislative  purposes  all  counties  in  New  Jersey 
are  divided  into  four  classes.  Those  having  a  population  above  300,000 
are  of  the  first  class;  those  having  betw^een  50,000  and  300.000  are  of  the 
second  class;  those  having  between  20,000  and  50.000  are  of  the  third; 
and  those  having  a  population  under  20.000  are   of  the  fourth  class. 

=  The  population  of  Hudson  County  in  1910  was  537,231.  The  total 
area  is  38,709  acres,   or  about  sixty  square  miles. 

'The  County  of  Hudson  and  the  City  of  New  York  lie  parallel  on 
opposite  sides  of  the  Hudson. 


(5) 


regarded  as  comprising  the  first  charter  of  the  province/ 
By  the  Concessions  the  assembly  was  granted  the  right 
to  establish  courts,  limit  their  jurisdiction,  and  appoint 
the  executive  officers  for  the  courts.^  In  accordance  with 
the  charter  the  assembly  i>assed  the  act  of  1675  which 
made  provision  for  a  county  judiciary.  "At  the  same 
time,"  says  Howard,  "four  counties  were  somewhat 
vaguely  defined,  each  with  a  county  court  or  court  of 
sessions  meeting  twice  a  year."® 

The  several  administrative  officers  which  were  sood 
added  to  the  county  courts  of  the  colonial  period,  were 
the  sheriff  and  the  county  treasurer,  or  collector,  as  he 
came  to  be  known  later.  It  is  interesting  to  note  that 
the  early  judicial  bodies  exercised  certain  administrative 
functions  relating  to  the  assessment  of  property  for  tax- 
ation and  the  building  of  county  jails.  In  assessing  prop- 
erty for  taxation  the  county  authorities  co-operated  with 
the  local  assessors  in  the  several  towns.  Tliis  presents 
a  feature  of  local  government  which  has  been  pointed 
out  as  constituting  an  important  precedent  for  tlie  mixed 
town  and  county  system  of  local  rural  government  which 
extends  so  widely  in  the  United  States  to-day."^  The 
functions  of  the  courts  were  further  developed  as  the 
county  government  gradually  took  sliai)e.  General  ses- 
sions of  the  peace  and  courts  of  common  pleas  were 
established  from  which  appeals  miglit  be  taken  to  the 
supreme  court  of  the  colony.     In  1704  definite  county 


'Howard;  Ijocal  Constitutional  History  of  the  T'nited  States.  Vol.  T, 
page   365-368. 

'Ibid.  Text  of  "Concossion.s;"  Learning  &  Healy  Coll.  i>p.  1-25.  Other 
references:  Field.  Provincial  Courts  of  New  Jersey,  in  Coll.  of  the  New 
Jersey  Historical  Society.  Vol.  3;  New  Jersey  Archives  1;  Scott.  In- 
fluence  of   the   Proprietors   in    Founding   New   Jorse.v    7-22. 

•The  four  counties  were  Essex,  ^liddlesex.  Moi\niouth  and  Bergen, 
from  which  latter  county  Hudson  County  was  finally  separated  by  act 
of  the  legislature  in  1840.  A  sei)arate  county  government  for  }Iudson 
County  was  established  in   lS-13. 

'Scott;  Influence  of  Properties,  pg.  19-23:  Howard,  pg.  367.  Professor 
Howard  says:  "Thus  In  1686,  rates  for  highways,  laid  out  by  the  coun- 
ty commissioners  appointed  by  the  general  assembly,  and  taxes  for  all 
other  public  purposes  within  the  llmit.s  of  the  town,  were  to  be  levied 
by  four  or  five  a8.>-eHsorH  elected  by  the  people  of  each  town;  and  the 
justices  of  the  county  court  were  authorized,  with  the  consent  of  a 
majority  of  the  assessors,  to  approve,  amend,  and  confirm   the  same. 


((>) 


g-overnment  was  provided  for  the  colony  by  the  Ordinance 
of  Lord  Cornbiiry.^ 

The  mixed  town  and  county  systeni  of  local  gov- 
ernment, therefore,  developed  quite  early  in  New 
Jersey.  The  justices  of  the  peace,  like  their  English 
prototype,  performed  administrative  functions  as  well 
as  judicial.  They  were  given  the  authority  to  work  in 
co-operation  w^ith  the  town  officials  in  financial  matters. 
In  1693,  "each  town  in  the  county  was  empowered  icy 
choose  one  or  more  men  to  join  with  the  justices  of  the 
county  court,  annually,  to  adjust  the  debts  of  the  county 
and  assess  taxes  for  their  payment.**  The  association: 
of.  these  two  groups  of  officials  working  together  devel- 
oped into  the  county  boards  composed  jointly  of  justices 
of  the  peace  and  of  chosen  or  elected  "freeholders"  rep- 
resenting the  several  towns. 

The  freeholders  and  the  justices  were  authorized  to 
choose  a  county  collector  to  act  as  the  receiver  of  taxes 
for  the  county;  they  were  also  empowered  to  assess  prop- 
erty for  purposes  of  taxation.  The  county  collector  was 
held  responsible  for  the  collection  of  taxes  and  might 
sue  the  collectors  of  the  local  town  governm(!nts  for  non- 
payment of  their  respective  share  of  the  county  taxes. 
The  justices  were  directed  to  sell  the  property  of  citizens 
who  became  delinquent  in  the  payment  of  their  taxes. 
The  expenses  of  the  county  governments  were  small  and 
the  taxes  were  of  minor  importance  to  the  town  expen- 
ditures. 

The  freeholders  and  the  justices  were  empowered  to' 
supervise  the  construction  of  a  county  jail  and  a  building 
for  the  county  court.  Such  authorization  usually  was 
given  to  the  counties  by  a  special  act  of  the  assembly; 
this  act  outlined  the  procedure  for  the  county  officers  to 
follow.  The  justices  and  the  freeholders  might  decide 
first  on  the  need  for  a  jail  or  court  house.  An  ejection 
might  then  be  held  to  determine  the  location  of  the  pro- 


•  For    this    general    subject    see   Field,    The   Provincial    Courts   of   New- 
Jersey,  Appendix  C  of  which  contains   the  Ordinance   of  Lord   Cornbury. 

*  Scott;    Influence    of    the    Proprietors,    pg.    22.      Fairlie;     Local     Rural 
Government  in  Counties,   Town  and  Villag-es,   p.   29. 


(7) 


posed  buildinjL?,  The  matters  of  determining:  tlie  cost, 
the  method  of  assessment  on  the  taxpayers  and  the  work 
of  construction  were  also  left  to  the  county  boards.^" 

From  the  first  the  method  of  selecting  freeholders  from 
the  municipalities  was  by  election.  The  system  of  in- 
dividual town  representation  on  the  county  boards  was 
introduced  at  an  early  date,  and  was  allowed  to  continue 
long  in  operation.  Recently,  liowever,  it  has  given  way 
to  a  system  of  county  boards  which  are  composed  of  a 
few  members  elected  on  a  ticket  at  large. ^^  The  practice 
of  giving  represeiitation  to  the  several  municipalities  on 
the  county  taxing  board  was  an  influential  moulding 
force  on  the  local  institutions  of  the  early  colonial  gov- 
ernment. If  the  county  boards  were  to  exercise  the  right 
of  assessment  and  taxation  of  property  owners  in  the 
several  towns,  the  latter  insisted  on  the  right  of  repre- 
sentation on  the  county  boards;  this  was  granted. ^'-^ 

The  colonial  legislature  of  New  Jersey  created  coun- 
ties at  will;  and  by  the  time  the  colonies  had  declared 
their  independence,  we  find  thirteen  counties  in  ex- 
istence. The  procedure  in  creating  the  new  counties  was 
similar  to  that  in  practice  at  the  present  time.  The  in- 
habitants of  the  particular  locality  were  required  first 
to  petition  tlie  legislature  for  a  separate  county  govern- 
ment. The  legislature  might  then  respond  with  an  act 
to  that  effect.  This  act  would  designate  the  boundaries, 
determine  its  representation  in  the  Assembly,  grant  the 
local  authorities  power  to  construct  the  necessary  county 
buildings,  and  extend  broadly  the  operation  of  all  exist- 
ing laws  to  the  new  county,  in  so  far  as  these  might  ap- 


"  LeaminK^  &  Spic<?r  CoUectioii  Karly  Laws  of  New  Jersey,  p.  268, 
also  p.   350. 

"Laws  1912,  Chapter  158.  The  provisions  of  this  act  have  been 
adopted    in    llutl.son    County.      See    Chapter    3.    Infra. 

"  Thu»  In  18  13,  three  years  after  Hudson  County  was  separated  by 
act  of  the  legislature,  we  find  each  tOM-nship  represented  on  the  county 
board   as  follows: 

Bergen    Township     2    Freeholders 

Jersey    Township    2    Freehohlers 

Van    Vorst    Township    2    Freeholders 

North    H»'ri;-en    Township    2    Freeholders 

Harrison    I'ownship    2   Freeholdecs 


(8) 


ply  to  counties  in  general.'^  Plight  counties  have  been 
created  in  New  Jersey  since  the  colonies  declared  their 
independence,  and  during  ail  this  time  the  state  has  had 
but  two  constitutions.  In  both  of  these  instruments  the 
details  of  county  government  have  been  omitted.  The 
legislature  has  constantly  exercised  the  authority  to 
modify  and  determine  the  institutions  of  local  rural  and 
urban  government. ^^ 

The  present  co^nstitution  of  New  Jersey,  including 
amendments,  makes  little  reference  to  the  institutions  of 
local  county  government;  indeed  it  cannot  be  considered 
as  much  as  a  guide  to  the  legislature.  The  legislature, 
as  a  result,  may  classify  counties  and  adapt  different 
features  of  county  government  to  the  several  classes.  In 
this  respect  the  situation  in  New  Jersey  is  commendable 
when  taken  in  contrast  to  the  situation  in  New  York, 
where  the  state  constitution  expressly  prevents  any 
classification  of  counties,  and  where  populous  counties 
like  Erie  and  Westchester  must  be  governed  in  conformity 
to  general  laws  which  apply  to  all  counties  alike,  re- 
gardless of  widely  varying  local  conditions. 

In  another  respect,  however,  the  situation  as  regards 
legislative  discretion  in  governing  counties  in  New  Jer- 
sey is  open  to  severe  criticism.  The  legislature  is 
tempted  to  interfere  too  much  with  the  details  of  county 
and  city  government.  Although  the  constitution  ex- 
pressly forbids  the  enactment  of  special  and  local  laws 
■'regulating  the  internal  affairs  of  towns  and  counties; 
appointing  local  offices  or  commissions  to  regulate  mu- 
nicipal affairs,"  the  spirit  of  this  prohibitive  clause  is 
violated  in  actual  practice.^-'  The  legislature  enacts 
measures  which  are  drafted  so  as  to  apply  to  counties 
and  cities  as  a  class,  but  which  in  actual  practice  often 
affect  and  are  intended  to  affect  one  county  or  municipal- 
ity.   By  a  series  of  judicial  decisions  the  courts  have  up- 


"  For  an  example,  see  Act  of  the  Assembly  creating  County  of  Sussex. 
Acts  of  Province   of  New  Jersey   1753,   page   20. 
"Constitutions    1776    and    1854. 
"Constitution,    Art.   4;  Sec.   7;    par.   11. 


(9) 


lield  this  jn-ac'tico  of  llio  lejj;islatnre.'"  It  raay  be  pointed 
out  in  this  connection  tliat  the  courts  of  New  Jersey  in 
comparison  witli  other  states  have  gone  to  the  extreme 
in  upholding  the  constitutionality  of  legislation  the  prac- 
tical effect  of  which  is  to  interfere  with  the  internal  af- 
fairs of  some  one  county  or  municipality,  P^or  any 
abuses  resulting  from  this  practice  responsibility  must 
rest  with  the  judiciary  as  well  as  with  the  legislature. 

The  constitution  is  silent  in  regard  to  such  county  in- 
stitutions as  the  board  of  chosen  freeliolders,  the  super- 
visor, and  the  score  of  administrative  boards,  commis- 
sions and  officers.  It  does  re<iuire,  however,  that 
"sheriffs  and  coroners  shall  be  elected  by  the  people  of 
their  respective  counties,  at  elections  for  members  of  the 
general  assembly"  and  that  these  officers  shall  hold  of- 
fice for  three  years.^'  It  is  also  provided  in  the  constitu- 
tion that  county  clerks  and  surrogates  shall  l)e  elected 
in  each  county  who  shall  hold  office  for  five  years.  But 
aside  from  providing  for  the  officers  of  the  court,  the 
general  plan  of  county  government  is  left  to  the  legisla- 
tive discretion  and  may  be  changed  from  time  to  time  by 
the  legislature  without  encountering  serious  constitu- 
tional difficulties.  Thus  it  would  seem  that  nothing  in 
the  constitution  would  forbid  the  introduction  of  com- 
mission form  of  government  for  counties  in  New 
Jersey. 

Under  the  State  constitution  each  county  is  permitted 
to  elect  one  member  of  the  state  senate.''*  In  former 
times  this  provision  operated  equally  on  the  several 
counties  of  the  state.  Counties  then  were  more  uniform 
in  population  and  wealth,  and  the  constitution-makers 
of  the  state  of  New  Jersey  followed  the  exaniph'  of  the 


"  A  dlpe.st  of  these  case."--  i.«;  Kiven  In  tlie  New  Jersej-  I)i;;est.  Vol.  f . 
under  ".statutes,"  Sec.  19-22.  Tn  Dickenson  v.  Board  of  Freeholders  (71 
N.  J.  159)  It  was  held  th.it  where  the  population  bear.«  a  reasonable  re- 
lation to  the  subject  matter,  legislation  based  thereon  Is  constitutional. 
Other  cases  where  this  question  is  discussed  are  Board  of  Freeholder!" 
V.  Clarke.  Of.  N.  .1.  I..   271.  and  Mortland   v.  Christian,  52  N.  J.  L.   B21  . 

"Constitution   .\rt   VII.   Sec.    2,    Par.    6   and   7. 

"Constitution;    Art,    4,   Sec.    2.    I'ar.    1. 


(10) 


A 


framers  of  tlje  federal  eonstitiitioii  in  providiiij^  for  e(iual 
representation  in  the  upper  branch  of  the  central  legisla- 
tive body.  Today  the  puri)ose  of  the  constitution  fram- 
ers is  defeated  in  actual  ])ractice;  Hudson  and  Essex 
counties  together  represent  almost  one-half  of  the  popu- 
lation of  the  state  and  about  one-half  of  the  wealth,  but 
they  are  denied  representation  in  the  upper  house  of  the 
legislature  in  proportion  to  their  importance.'"  All  at- 
tempts to  amend  the  constitution  have  failed  due  to  the 
control  exercised  by  representatives  of  the  smaller  coun- 
ties in  the  state  senate,  all  of  whom  vote  as  one  against 
any  attempt  at  change  in  the  ]u"esent  system.-*' 

Counties  in  New  Jersey  are  represented  in  the  lower 
house  of  the  state  legislature  in  proportion  to  their  pop- 
ulation.^' Members  are  elected  annually  from  each  coun- 
ty throughout  the  state  and  are  apportioned  among  the 
several  counties  according  to  the  number  of  their  in- 
habitants. A  new  api^ortionment  is  required  every  ten 
years,  but  the  whole  number  of  members  of  the  lower 
house  shall  never  exceed  sixty.  Hudson  county  elects 
twelve  members  annually  to  serve  in  the  Assembly. 
These  men  are  elected  at  large,  instead  of  by  separate 
districts;  the  result  of  this  arrangement  is  that  the 
county  delegation  usually  represents,  as  a  unit,  the 
strongest  political  party  in  the  county.  Tlie  party  lead- 
ers make  special  effort  to  secure  and  control  a  united  del- 
egation of  assemblymen  at  each  election.     Through  ex- 


"  The  ratables  of  the  state  in  1914  were  $2,481,605,038.  while  those  of 
Hudson  and  Essex  counties  were  $1,160,493,164.  The  population  of  New 
Jersey  in  1910  was  2.537,167  and  the  combined  population  of  Hudson  and 
Essex  was   1,040,117. 

^Governor  Wilson  in  1911  exerted  his  influence  for  a  new  constitu- 
tion in  the  state,  which,  anriong  other  changes,  would  destroy  the  min- 
ority rule  of  the  smaller-  counties.  Reviewing'  the  situation  a  recent 
writer  says:  "When  the  State  entered  the  work  of  building  a  new  sys- 
tem of  government  tor  herself  in  1844.  adherence  to  the  Jei'sey  Idea  of 
1789,  led  to  the  establishment  of  the  upper  house  of  the  legislature,  on 
the  same  basis  of  equal  representation  for  the  counties.  The  subject 
was  not  of  such  importance  at  that  time,  because  none  of  the  counties 
were  over  large;  they  were  a  family  of  little  communities,  and  the 
charter  builders  readily  agreed  to  the  proposition  that  each  county 
should  have  one,  and  only  one  seat  in  the  state  senate."  Sackett'sf 
"Modern  Battles  of  Trenton;"   p.   380. 

«Con.   Art.  IV.   Section   3. 


(11) 


tra-legal  meaus  tlie  county  ofteu  regains  "influence"  by 
a  unit  delegation  in  the  lower  house  in  proportion  to  the 
loss  it  encounters  through  under-representation  in  the 
senate. 

In  certain  aspects,  state  centralization  of  control  over 
counties  has  been  developed,  to  a  more  advanced  stage 
in  New  Jersey  than  in  the  majority  of  states.^^  However, 
the  two  counter  tendencies,  first,  of  centralized  control 
over  local  affairs  by  the  state,  and  second  of  greater  self- 
government  by  the  local  county  and  municii)al  authori- 
ties, are  discernible  in  this  State  as  elsewhere.  The  con- 
stitutional i)rovision  retjuiring  ecjual  representation  of 
all  counties  in  the  senate  has  assisted  the  centralization- 
ists  in  state  control  over  the  larger  counties;  the  larger 
counties  have  been  at  the  mercy  of  the  smaller.  The  leg- 
islatures have  fre(|uently  enacted  legislation  affecting 
the  internal  government  of  the  large  counties  which  the 
latter  claimed  should  be  a  matter  for  their  own  regula- 
tion. The  fact  that  Hudson  County  has  always  been  a 
stronghold  for  one  i)olitical  party,  while  the  legislature 
for  twenty  years  has  been  under  the  control  of  the  rival 
party,  has  increased  the  antagonism  between  the  state 
and  county  gov^ernments. 

Th»*  fiv<'  Hudson  Kiver  counties,  with  Hudson 
County  in  the  lead,  have  rapidly  grown  in  pop- 
ulation and  wealth  until  their  influence  in  state 
affairs  has  become  ])()wei'fnl;  es]>eciaily  is  this  true 
of  matters  which  touch  their  mutual  interests  and  which 
call  for  their  joint  action.  The  state  has  necessarily  had 
to  develop  ))()wers  corres])ondingly  great  in  order  to  per- 
forai  properly  the  functions  belonging  to  it.  Among  the 
funcrtions  of  county  government  whicli  have  l)een  made 
the  subject  of  regulation,  directly  or  indirectly,  by  act 
of  the  legislatuic,  are  assessment  of  ])roi)erty  for  taxa- 
tion, election,  park  and  highway  nuitters,  jury  reform, 
care  of  orphans,  besides  many  other  functions.  In  most 
<^as(^s  the  object  of  the  Icgislatuic  has  been  to  secure  un- 
iformity of  regulation.     Rut  there  are  many  county  mat- 


&e»  Chu.    VIII.    iiiKl    VI 

(12) 


ters  wliich  might  be  made  uniform  tliroughout  the  state 
which  have  not  yet  been  acted  upon  l)y  the  legislature.^* 

In  certain  political  aspects,  Hudson  County  as  a  dis- 
tinct unit  may  be  worthy  of  rank  with  many  of  our  state 
governments.  The  organization  of  the  county  govern- 
ment bears  close  similarity  to  the  organization  of  state 
governments;  that  is  to  say,  the  county  government  is 
modeled  somewhat  after  the  classical  plan  of  separating 
the  three  powers,  executive,  legislative  and  judicial. 
Furthermore  in  certain  economical  aspects,  the  county 
will  bear  comparison  with  many  of  the  more  dignified 
political  units  recognized  as  "States"  by  the  Federal 
Constitution.  For  example,  the  budget  of  Hudson  Coun- 
ty is  equal  to  and  in  some  cases  is  greater  than  the 
budget  of  such  states  as  Arizona,  Arkansas,  Colorado, 
Idaho,  Maine,  Mississppi,  Montana,  New  Hampshire 
and  Tennessee;  it  is  twice  as  great,  furthermore,  as  the 
annual  appropriations,  respectively,  of  South  Carolina, 
Vermont  and  Utah.^-  The  county  bonded  debt  is  greater 
also  than  that  of  forty-five  out  of  the  forty-eight  states 
in  the  Union.  The  population  also  is  equal  to  if  not 
greater  than  that  of  such  states  as  Rhode  Island,  New 
Hampshire,  North  Dakota,  South  Dakota,  Oregon,  Ver- 
mont, Montana,  Idaho,  New  Mexico,  Utah,  Delaware, 
Arizona,  Wyoming  and  Nevada.^-"' 

From  an  enumeration  of  such  facts  it  appears  that  the 
responsibilities  placed  upon  the  officials  of  Hudson 
County  are  as  gteat  if  not  greater  than  those  placed  up- 
on officials  of  many  states.  It  would  seem,  therefore, 
that  the  same  care  should  be  used  in  selecting  good  men 
for  the  county  government  as  in  choosing  officials  for  the 
more  highly  respected  governments  of  the  states.  In 
view  of  this,  furthermore,  the  opportunity  for  public  ser- 
vice in  the  county  should  be  just  as  attractive  to  men  of 
ability  as  the  public  service  of  the  state.    The  best  men 


"New  Jersey   has  as   yet  no   law  providing  for   a   uniform   accounting- 
system   for  municipalities. 

"American   Year   Book — 1913    Financial   Statistics   of  States,    p.    185    fl. 
"  Ibid. 


(13) 


in  the  oonmiunity  should  be  placed  in  charge  of  the 
<rounty  nuichinery.-*^ 

The  inii)()itance  from  a  political  and  economic  view- 
point of  Hudson  County  may  be  more  readily  appreciated 
when  we  stoj)  to  consider  the  compact  nature  of  its  phys- 
ical composition.  The  urban  i)0})ulation  of  the  county  is 
continuous.  There  are  in  all,  thirteen  separate  munici- 
palities in  the  county  and  no  one  section  of  the  whole 
could  be  regarded  as  a  rural  neighborhood.  It  is  diflS- 
cult  for  the  outsider  to  ascertain  where  one  municipality 
begins  and  where  another  leaves  off.  The  county  gov- 
<»mment  is  a  sort  of  superstructure,  and  as  such,  rests 
upon  numerous  municii)al  governments.  Each  of  these 
separate  municipal  governments,  like  that  of  the  county 
also,  is  thoroughly  active  in  all  its  branches,  and  there 
is  a  great  amount  of  unnecessary  expense  to  the  taxpay- 
ers due  to  the  dujilication  of  municipal  functions  by  the 
county  and  municipal  governments.^" 

There  is,  furthermore,  much  variety  in  the  forms  of 
municipal  government  to  be  found  within  the  limits  of 
this  county.  The  largest  municipality,  Jersey  City,  has 
been  under  commission  government  rule  for  three  years, 
having  adopted  the  i)i'ovisions  of  the  Commission  Gov^ 


"  In  a  voters'  directory  published  by  tlie  Citizens  Federation  of  Hud- 
son County  in  November,  1914,  short  sketches  of  each  candidate  for 
election   were   presented   as   follows: 

SHERIFF 

EUGENE  F.  KINKEAD  (Dem.).  292  Harrison  Avenue.  Jersey  City, 
where  a  resident  for  thirty-four  years.  Born  in  County  Cork,  Ireland, 
1876.  Education,  Seton  Hall  CoUejje.  Business,  president  Jersey  Rail- 
way Adv.  Co.  and  Orange  Publishing  Co.;  secretary  Miles  Tlghe  Con- 
tracting Co.  Has  held  position  as  alderman,  president  of  Board  of 
Aldermen  of  Jersey  City  and  congressman  for  three  terms.  Points  to 
his  record  and  states  that  he  would  devote  much  of  his  time  to  the 
youthful    prisoners    in    the   county   jail. 

CHARLES  A.  MOHN  (Rep.),  312  Division  St.,  West  Hoboken,  where  a 
resident  for  twenty-three  years.  Born  in  New  York  City,  1863.  Educated 
Martha  Institute,  Hoboken.  Business,  plumbing,  heating  and  roofing. 
Was  councilman  for  one  year  and  mayor  for  three  terms  in  West 
Hoboken.  Points  to  his  record  as  Mayor  of  West  Hoboken  and  as  a 
business   man. 

"  Essex  county  presents  much  the  same  duplication  of  municipal  func- 
tions by  the  county  ami  municipal  governments.  "See  Counties  of  the 
First  Class"  by  Winston  I'aul  and  H.  S.  Gilbertson,  Proceedings  Amer. 
Pol.   Science   Association,    February,    1914,    p.    292. 


(14) 


-rnmout  Act  of  1911  by  popular  referendiini.  ITohoken, 
and  Bayoime  liave  both  recently  voted  in  favor  of  com- 
mission government;  thus  at  the  present  time  the  three 
largest  munici])alities  in  the  county  have  commission 
government.  Jersey  City  is  a  city  of  the  first  class,  the 
other  two  municipalities  are  cities  of  the  second  class. 
All  three  have,  until  recently,  been  operating  under  the 
old  charters  which  provide  a  governing  body  for  each 
composed  of  a  mayor  and  council. 

West  Hoboken,  West  New  York,  Union,  Kearny  and 
Harrison  fall  within  the  class  of  municipalities  known  as 
towns.  None  of  these  town  governments  overlap,  and 
each  one  is  operating  under  the  general  acts  relating  to 
town  government.-^  Town  governments  are  composed  of 
an  elective  town  council  and  a  councilman-at-large,  or 
mayor.  The  town  council  appoints  the  necessary  admin- 
istrative officers  and  enacts  ordinances  for  the  town  gov- 
ernment.-** The  town  differs  from  the  cities  of  the  sec- 
ond class  in  only  minor  matters  of  government.  The 
separate  classification  exists  chiefly  for  convenience  in 
regard  to  financial  legislation  respecting  the  munici- 
palities. 

In  close  relation  to  the  towns  are  the  townships,  of 
which  there  are  three  in  Hudson  County.  The  towns  and 
townships  are  entirely  separate  and  there  is  no  overlap- 
ping with  other  municipalities.  The  township  govern- 
ments are  in  the  hands  of  a  small  elective  council  of  three 
to  five  members.  The  chairman  of  the  council  is  elected 
by  the  members ;  there  is  no  office  of  niayor.  Administra- 
tive officers  are  appointed  and  local  ordinances  are  en- 
acted by  the  township  conncil.^^ 

There  are  also  two  boroughs  in  Hudson  County,  both 
of  which  are  boroughs  of  first  class. ^^  The  boroughs,  like 
the    other    municipalities,    are    bodies    corporate    with 


"Laws  1895,   page   223. 

"  Other  elective  town  officers  are  the  clerlt,  collector  and  the  assessor. 
The  appointive  officers  of  the  council  are  the  attorney,  treasurer,  re- 
corder,  overseer  of  the  poor,  etc. 

*°  The  township  council  appoints  an  attorney,  engineer,  and  physician. 

»>  Boroughs  are  divided  into  three  classes;  those  having  3,000  inhab- 
itants and  over  are  of  the  first  class. 


(15) 


power  to  sue  and  be  sued.  Tliey  are  governed  by  a 
small  elective  coimfil.  The  smallest  unit  of  local  munic- 
ipal government  in  New  Jersey  is  the  borough;  a  New 
Jersey  borough  is  the  same  as  a  village  elsewhere. 

This  description  of  the  component  parts  of  Hudson 
County  is  not  made  with  a  ]nirpose  to  magnify  the  local 
situation  in  comparison  with  other  populous  counties 
where  cities  and  county  are  coterminous.  The  purpose 
is  to  emphasize  the  fact  which  has  received  the  atten- 
tion of  political  scientists  of  late,  namely,  that  some  re- 
adjustment must  be  made  in  counties  where,  just  as  in 
Hudson,  the  municipal  and  county  jurisdictions  have  be- 
come coextensive.^^  The  situation  wherever  presented  is 
one  which  calls  for  a  readjustment  of  governmental 
fimctions  between  the  county  and  the  municipalities.  In 
certain  places  law  makers  have  abolished  parts  of  the 
county  structure  and  i)laced  those  remaining  parts  un- 
der the  fiscal  control,  at  least,  of  the  city  government.'*'^ 
This  change  has  been  made  in  counties  where,  like  New 
York,  the  limits  of  the  ])rincipal  city  have  gradually 
spread  over  the  whole  county.  In  other  places — a  no- 
table example  is  Alameda  County,  California — the  prob- 
lem of  reform  presents  a  somewhat  different  asjjcct,  be- 
cause there  ma}^  be  one,  or  several  large  municipal  units 
within  the  limits  of  the  one  county.  In  such  instances, 
any  changes  suggested  must  be  along  the  lines  of  a  fed- 
erated city-county  government,  since  no  one  city  among 
the  group  can  claim  to  have  entirely  supplaut(»d  the 
county. 

Hudson  County,  in  so  far  as  it  lends  itself  to  recon- 


"  Report  of  the  City-County  Committee,  Proc.  American  Political 
Science  Association,  February  1914,  p.  281.  Tlie  Government  of  Ala- 
meda County,  California.  Annals  American  Academy  Political  Science, 
May  1913.  T'afje  237.  Bramliall.  Cool<  Co.  and  Chicapo,  ProceedlnRS  A. 
P.  S.  A..  Vol.  3.  1912.  Hornell,  The  City  and  County  in  Mass,.  Proc.  A. 
P.  S.  A.,  Vol.  3,  1912.  Lonj?,  Consolidated  City  and  County  Govern- 
ment of  San  Francisco,  same  citation.  A.  I^udlnpton.  The  Relation  of 
County  to  City  Government  in  New  Yorl<,  same  citation.  Woods,  The 
Separation  of  City  and  County  Governments  in  St.  I..ouis,  same 
citation. 

"  In  the  annual  budRet  of  the  city  of  New  York  provision  is  made  for 
the  maintenance  of  five  separate  county  governments  which  have  been 
merged   in   the  city. 

(16) 


struction  falls  within  the  latter  class.^^  The  strongest 
argument,howe\  er,for  a  reorganization  of  the  county  and 
municipal  government  rests  principally  on  the  ground 
of  economy  and  efficiency.  Money  is  being  wasted  each 
year  by  duplicating  appropriations  in  the  county  and  in 
each  of  the  municipal  budgets  for  many  functions  such 
as  health,  parks,  police,  etc.^'^  The  following  table  rep- 
resents all  appropriations  for  governmental  purposes  by 
county  and  cities  for  the  year  1913: 

TAXING    DISTRICT  BUDGET           POPULATION 

1.  Jersey    City     $3,633,357.93 267,779 

2.  Hoboken    846,416.73 70,324 

3.  Bayonne    ". .  .  718,356.23 55,545 

4.  North    Bergen 155,765.00 15,662 

5.  Secaucus 22,755.00 4,749 

6.  West    Hoboken     220,272.74 35,40S 

7.  West    New    York    164,938.56 13,560 

8.  Union 104,400.00 21,025 

9.  Weehawken    176,882.72 11,228 

10.  Guttenberg    41,300.00.. 5,647 

11.  Kearny    232,383.38 18,659 

12.  Harrison 112,899.07 14,498 

13.  East    Newark     .' 24,235 .  00 3,16.1 


14.     Hudson    County    $2,865,252.71 537,231 

Since  .Jersey  City,  the  largest  municipality,  covers  one- 
half  of  the  county,  any  consolidation  of  municipal  and 
county  government  would  have  to  take  into  account  the 
other  municipalities  as  well.  It  is  generally  recognized 
by  those  who  are  seeking  to  bring  about  a  consolidation 
of  county  and  municipal  government  in  Hudson  that 
consolidation  of  municipalities  must  come  first.^^ 

Such  a  plan  is  supported    by  the    press;  the    Jersey 


'*  Essex  County  also  is  composed  of  a  group  of  municipalities;  but  it 
extends  over  a  greater  area  than   its  near  neighbor.    . 

^  Of  the  two  New  Jersey  Counties,  the  committee  of  A.  P.  S.  A.  says: 
"Your  committee  feels  that  this  situation  warrants  the  creation  of  a 
single  county  legislative  body.  In  many  cases  this  body  could  be 
created  on  the  federal  plan.  It  believes  that  the  federal  plan  would  be 
better  than  election  at  large  because  public  opinion  and  scrutiny  have 
already  been  focussed  upon  the  mayors  and  elective  officials  of  the  city 
on  the  one  hand  and  upon  the  elective  officials  of  the  township  on 
other  governmental  unit  representing  farmers'  interests  on  the  other 
hand."      p.    284,    Proceedings,    Feb.    1914. 

'"A  law  was  passed  in  1915  permitting  a  popular  referendum  as  a 
means  of  getting  an  expression  of  public  opinion  on  the  question  of  a. 
consolidation    of   municipalities. 


(17) 


Journal  says:  "Consolidation  of  the  towns  would  be 
beneficial  to  them,  but  a  general  consolidation  of  the 
county  into  a  single  municipality  would  be  the  best 
thing  that  could  hai)i)en  in  this  direction.  General  con- 
solidation would  eliminate  the  freeholders  and  all  their 
dependents  and  save  one-half  of  the  county  expense  and 
possibly  one-half  of  the  local  government  expense  as 
well."^^  Again,  "The  North  Hudson  town  would  gain 
incalculably  by  consolidation.  By  reducing  the  number 
of  governments  a  great  many  duplicate  offices  would  be 
abolished."'^'* 

Ex-Judge  Robert  Carey  also  advocates  a  consolidation 
of  the  municipalities  as  the  first  step.  His  jilan  of  re- 
construction amounts  to  an  eventual  consolidation  of  the 
municipal  and  county  government  into  one  large  munic- 
ipal unit.^'^  He  says:  "A  big  step  toward  the  desired 
end  would  be  the  consolidation  of  the  North  Hudson 
municipalities,  with  a  charter  similar  to  that  now  en- 
joyed by  Jersey  City.  Inhere  would  then  be  four  such 
cities  in  Hudson  and  the  amalgamation  would  be  com- 
paratively easy If  the  North  Hudson  towns 

should  consolidate,  there  would' be  four  big  boroughs  in 
our  county  available  for  consolidation  in  the  big  city  of 
the  future."*"  As  a  plan  of  government  for  the  new  city 
Judge  Carey  makes  the  following  suggestion:  "First, 
there  could  be  elected  every  four  years  five  commis- 
sioners at  large.  These  five  to  constitute  the  executive 
and  administrative  board  of  the  city.  Second,  each 
borough  could  elect  a  borough  president.  The  borough 
presidents  and  the  five  commissioners  elected  at  large 
could  constitute  the  legislative  board  of  the  city.  This 
would  present  a  defnocratic  system  and  an  efficient  sys- 
tem.   The  borough  i)rcsidents  could  be  made  the  deputy 


"January   2,    1915. 

"January   23,    1915. 

"Letter   to   the  Hudson   Observer,   Jan.    6,   1915. 

*•  Hudson  County  naturally  Is  divided  Into  three  sections  popularly 
called  North  Hudson,  South  Hudson  and  West  Hudson.  By  a  consoli- 
dation of  munlclpalitlos  In  each  of  these  sections,  the  county  would  bo 
composed  of  three  or  four  large  municipal  units.  Instead  of  the  thirteen 
at  the  present. 


(18) 


administrative  officers   for  each    borough  and  could   be 
obliged  to  supervise  and  superintend    matters    strictly 

local  to  a  borough Each  borough  president  could 

be  empowered   to  select  a   borough    advisory  board    of 
three." 

Such  comments  are  indicative  of  a  general  movement 
for  some  kind  of  consolidation  at  least,  which  will  event- 
ually bring  about  one  single  government  for  the  four- 
teen distinct  governments  in  the  county  at  present.  The 
government  of  Hudson  County  at  present  is  so  complex 
and  covers  such  a  wide  range  of  activity  that  it  is  the 
purpose  of  the  following  chapters  to  describe  the  county 
government  in  detail  so  as  to  show  what  the  county  gov- 
ernment is,  what  it  does,  what  it  costs,  and  why  it  costs. 


(19) 


CHAPTER  II 

THE   COUNTY   SUPERVISOR 

Whatever  may  have  been  the  real  purpose  of  the  leg- 
islature in  creating  the  office  of  county  supervisor  for  the 
two  counties  of  Hudson  and  Essex,  the  fact  remains  that, 
with  its  creation,  the  two  counties  benefited  by  the  leg- 
islative action.  Before  the  act  of  1900  was  passed  there 
was  no  one  official  in  the  county  to  whom  the  public  could 
look  as  the  chief  executive  officer  of  the  county.^  Before 
the  adoption  of  the  act,  there  was  no  one  official  who  had 
the  power  to  direct  the  policy  of  the  widely  scattered  and 
disjointed  departments  of  the  county  government.-  The 
act  of  1900  gives  to  the  county  executive  the  power  to 
supervise  the  county's  affairs.  The  law  states  that  he 
shall  be  the  ''chief  executive  officer  of  the  county." 
Since  the  act  was  passed  there  have  been  few  instances 
where  the  incumbent  in  office  has  actually  utilized  his 
full  authority  under  the  law.  In  the  great  majority  of 
cases  the  county  supervisor  has  scarcely  risen  above  the 
controlling  majority  in  the  Board  of  Chosen  Freeholders. 
Where  he  has  asserted  his  strength,  however,  the  results 
have  been  for  the  betterment  of  conditions  obtaining  in 
the  county  government.^ 

The  act  of  1900  provided  for  the  election  of  the  county 
supervisor  by  the  voters  of  the  coimty  at  large.  At  that 
time  the  Board  of  Chosen  Freeholders  was  made  up  of  a 


^  The  sheriff  of  the  county  is  stiU  an  important  executive  offlcer  but 
his  powers  are  chiefly  ministerial  as  an  officer  of  the  courts.  See  Chap- 
ter 8,  Infra. 

'  The  Director  of  the  Board  of  Freeholders  was  merely  a  presiding 
officer.   Infra.   Ch.    3. 

*  For  corroborative  statement  as  repards  actual  experience  in  Kssex 
and  Hudson  Counties  see  an  article  on  "Counties  of  the  first  class  in 
New  Jersey"  by  H.  S.  Gllbertson  and  W.  Paul,  ProceedinKs  .\merican 
rol.  Science  Assoc,  February  1914.  p.   204. 


(20) 


) 


large  membership  composed  of  representatives  elected 
by  the  individual  municipalities  or  by  the  political  di- 
visions of  a  municipality.  The  supervisor  was  placed  in 
an  unique  position  in  thus  being  permitted  to  represent 
the  county  as  a  whole,  and  he  soon  became  the  most  con- 
spicuous figure  in  the  county  administration."*  The  act 
of  1900  provides  that  he  shall  be  elected  for  a  term  of 
two  years  and  shall  take  office  on  the  first  Monday  in 
December.  He  is  elected  at  the  general  election  in  No- 
vember. On  assuming  the  duties  of  his  office  the  super- 
visor must  take  oath  to  perform  properly  his  legal  duties, 
must  give  bond  and  file  same  with  the  county  clerk.  He 
may  then  proceed  to  notify  the  Board  of  Chosen  Free- 
holders of  his  entry  into  office.  The  supervisor's  salary 
is  $2,500  per  year.-^ 

The  chief  executive  is  required  by  law  ^*to  be  vigilant 
and  active  in  causing  the  laws  and  ordinances  of  the 
county  to  be  executed  and  enforced.*'  Under  this  pro- 
vision the  supervisor  is  charged  solely  with  executive 
powers.  He  must  see  to  the  enforcement  of  all  laws  per- 
taining to  the  county  government,  and  it  is  his  legal  duty 
also  to  see  that  all  resolutions  of  the  Board  are  enforced. 
Since  many  of  the  resolutions  of  the  Freeholders  create 
subordinate  officers  and  prescribe  official  duties,  it  is  the 
business  of  the  supervisor  to  see  that  these  are  performed 
properly.  In  this,  the  law  again  comes  to  his  assistance; 
it  states  that  it  shall  be  his  duty  "to  exercise  a  constant 
supervision  over  the  conduct  of  all  subordinate  officers, 
and  to  examine  into  all  complaints  made  against  any  of 
them  for  violation  or  neglect  of  duty."     Furthermore, 


*  For  a  period  Hudson  County  had  formerly  a  Director  who  was 
elected  at  large.  The  director's  powers,  however,  were  inferior  to  those 
of   the   present   chief   executive   officer.      Infra,    Chapter    3. 

'A  bill  was  introduced  in  the  legislature  in  February,  1915,  to  raise 
the  salary  of  the  county  supervisor  from  $2,500  to  $4,000.  The  Hudson- 
Observer,  commenting-  on  the  proposed  increase,  said:  "It  must  be  ad- 
mitted that  the  Mayor,  so  to  speak,  of  the  great  county  of  Hudson  ought 
to  get  more  than  $2,500  a  year.... If  he  gives  all  his  time  to  the  affairs 
of  the  county  he  could  save  the  people  several  times  the  compensation 
which  it  is  now  proposed  to  give  him.  He  is  the  worst  paid  official  in 
the  State."     February   3,   1915. 

•Laws   1900,   Ch.    89. 


(21) 


*'if  it  is  found  that  any  officer  is  guilty  of  the  charges 
brought  against  him,  the  county  supervisor  may  suspend 
or  remov^e  him  as  the  case  may  seem  to  require."^  Thus 
the  supervisor  may  exercise  the  important  power  of  re- 
moval over  the  "subordinate  officers."  A  few  illustra- 
tions of  the  use  of  the  power  of  removal  may  serve  to 
show  the  extent  of  his  authority. 

In  December,  ]913,  upon  assuming  the  office,  Super- 
visor James  F.  O'Mealia  made  an  examination  into  the 
working  force  of  the  county,  and,  upon  such  information 
as  he  was  able  to  obtain,  communicated  to  the  Board  of 
Freeholders  that  he  had  suspended  sixty-three  of  the 
county's  employees.  His  reasons  were  set  forth  at 
length,  but  in  the  main  the  cause  for  suspension  was,  he 
stated,  "failure  to  perform  proper  services,"  and  be- 
cause many  of  the  positions  were  "unwarranted  and 
an  unnecessary  expense  to  the  county."^  He  said,  "I 
have  found  men  classified  as  engineers  who  have  abso- 
lutely no  knowledge  of  an  engine,  also  men  classified  as 
high  class  mechanics  who  have  been  doing  nothing  but 
roll  ashes."''  The  name  of  each  employee,  the  title  of 
his  official  position,  the  salary  received,  and  the  reason 
for  suspension  in  each  case  were  set  forth  in  a  detailed 
statement  to  the  board. ^^ 

The  action  of  the  sujK'rvisor  was  approved  by  the 
Freeholders  in  a  resolution  providing,  "That  the  recom- 
mendation of  the  County  Supervisor,  as  to  the  abolish- 
ment of  the  several  jjositions  and  offices  named  in  the 
annexed  list,  be  and  the  same  is  concurred  in,  and  the 
said  positions  or  offices  be  declared  vacant,  and  the  same 
are  hereby  abolished  for  the  respective  reasons  given  in 
each  case  by.  the  County  Supervisor,""  While  the  con- 
ditions which  the  supervisor  described  were  matters  for 
the    State   Civil    Service    Commission     to     report    and 


'Ibid. 

•Minutes  Freeholders,   December  1913,  January    ISl-J   ot  noq. 

•All  county  emi)loyces  are  cluaslfled  under  tbe  State  (^Ivll  Service 
Act  of   1908.      Infra,   Ch.   7. 

••Minutes  of  Freeholders.  .Tanuary  6,  1913,  jtiipc  8.  The  total  .salaries 
of  those   susjiended   amounted    to    $57,360.00   per   year. 

"Minutes  of   Freeholder«,   January   6,    1913,    \>nnc   8. 

(22) 


n^medy,  the  siipt'iviKor  was  acliiii;  cutirc'ly  within  his 
rights  in  suspending  all  employee,s  wliose  clasHlfications 
under  the  county  service  did  not  correspond  w^th  the 
duties  which  they  actually  performed  or  failed  to  per- 
form.    The  positions  were  unnecessary. 

This  action  constituted  a  very  important  j^recedent  in 
the  application  of  the  supervisor's  power  to  suspend.' ^ 
While  it  is  true  that  in  this  instance  all  of  the  officers 
and  employees  suspended  were  holding  "inferior"  posi- 
tions of  service,  it  does  not  follow  that  the  higher  sal- 
aried officers  who  have  been  appointed  and  whose  sal- 
aries are  fixed  by  the  Board  of  Chosen  Freeholders,  may 
not  be  included  among  "subordinate  officers"  whom  the 
supervisor  is  permitted  by  law  to  suspend  or  remove.^^ 

Suspensions  and  removals,  however,  cannot  be  made 
by  the  supervisor  for  political  reasons  because  such 
action  is  forbidden  by  the  provisions  of  the  civil  service 
act.^^  But,  for  any  "violation  or  neglect  of  duty,"  the 
supervisor  may  exercise  the  right  to  remove  or  suspend 
subordinate  officers.  The  final  interx)retation  of  the  law 
in  this  respect,  how^ever,  is  a  matter  to  be  reviewed  by 
the  courts.  Since  the  supervisor  has  as  yet  made  no 
adequate  test  of  his  power  of  removal  it  cannot  be  said 
that  the  courts  have  determined  the  scope  of  this  power 
in  any  case  coming  before  them.  To  exercise  an  intelli- 
gent supervision  over  all  of  the  county  institutions, 
offices  and  departments,  the  supervisor  needs  a  subord- 
inate agency  in  his  office  which  will  perform  the  same 
services  in  respect  to  examining  dejjartments  at  his  bid- 
ding, as  are  performed  for  the  mayor  of  the  city  of  New 
York  by  the  commissioner  of  accounts.^ -^  Reliable  data 
may  in  this  way  be  had  on  which  to  base  suspensions  and 
removals.    No  case  of  removal  for  the  want  of  data  ought 


"In  this  incident  the  supervisor  went  farther  in  exercising  his  full 
legal  powers  than  any  other  supervisor  preceding  him  had  done. 

"It  is  interesting  to  note  that  at  that  time  a  county  collector,  who 
had  been  indicted  and  convicted  for  misappropriating  the  county  funds, 
was  permitted  to  fill  out  his  unexpired  term,  without  being  subject  to. 
the  power  of  removal,   eithei    by  the  state  or   by   the   county. 

"Laws   1908,  Ch.   156. 

^See  suggested  Bureau   of  Efficiency,  Infra,  Ch.   7. 


(23) 


to  be  open  to  the  charge  tliat  it  was  made  for  i)olitical 
reasons. 

That  the  supervisor's  jjower  to  siis[)end  and  remove 
officials  may  be  crippled  by  action  of  the  board  of  free- 
holders cannot  be  questioned.  The  board  may  ai)i)rove 
or  reject  his  recommendations  as  it  pleases.  In  the  in- 
stance to  which  reference  has  been  made,  the  freeholders 
first  "concurred  in  his  action."  In  his  message,  the 
supervisor,  in  suspending  the  county  employees  had  said, 
**You  will  therefore  please  notify  all  interested  that  such 
suspensions  take  effect  at  once  and  for  such  time  as  the 
board  of  freeholders  in  their  judgment  shall  deem 
necessary.  "*''•  Subsequent  events  proved  that  the  free- 
holders would  exercise  their  judgment,  for  they  began 
to  reinstate  the  discharged  officials  as  soon  as  the  super- 
visor had  suspended  tlw^m.  Thus  an  opi)ortunity  was 
lost  by  the  supervisor  to  make  tliis  incident  a  clear  cut 
issue  between  the  supervisor's  power  to  suspend  and  re- 
move officers  on  the  one  hand,  and,  on  the  other  hand, 
the  power  of  the  board  of  freeholders  to  reinstate 
officers.^'^ 

It  is  to  be  noted  in  this  connection  that  among  the  sev- 
eral executive  and  administrative  powers  of  the  super- 
visor, there  is  no  authorization  by  law  or  ordinance  for 
him  to  exercise  the  power  of  appointing  officials.  It  has 
been  the  continued  practice  of  the  board  of  freeholders 
not  to  vest  any  appointments  in  him  by  an  ordinance  or 
resolution.  Charged  with  the  imy)ortant  functions  of 
supervising  the  conduct  of  subordinate  officers  and  of 
removing  incompetent  officials  the  supervisor  not  only 
does  not  exercise  the  power  of  appointment  l)ut  may  even 
be  hampered  in  the  discharge  of  his  legal  duties  by  ad- 
ministrative officers  appointed  by  an  antagonistic  board 
of  freeliolders."* 


'•Minutes   Freeholdors.    Dec.    iniS. 

"  In  tho  Instance  cited  the  Freelioldors  subsetiiiently  placed  most  of 
the  dl.schurf?ed  employees  on  the  county  payroll  once  more;  and  tho 
Supervisor   took    no   nKPrreaslve   action    to   oppose   their   action. 

"Such  a  power  of  appointment  was  placed  in  the  president  of  the 
hoard  In  Cook  County  by  a  law  of  lRr>3.  Fairlle;  Local  Government, 
p.   79. 


(24) 


It  may  be  laid  down  as  a  political  maxim  that  admin- 
istrative officials,  administrative  boards,  and  commis- 
sions should  be  appointed  l)y,  and  held  responsible  to 
one  central  executive  authority.  Thus,  in  the  city  of 
New  York,  the  mayor  appoints  the  heads  of  departments 
and  the  members  of  boards  and  commissions  of  city 
administration.  Also  in  the  state  of  New  Jersey  the  gov- 
ernor appoints  important  administrative  officers;  some 
appointments  are  authorized  by  the  constitution,  others 
by  statute.  Since  experience  proves  that  such  a  system 
makes  for  efficiency  in  administration,  it  would  seem 
that  the  chief  executive  of  the  county  should  not  con- 
stitute an  exception  to  a  principle  which  is  so  widely 
recognized  and  approved.  He  should  be  given  the 
authority  by  law  or  by  ordinance  to  appoint — or  at  least 
to  initiate  the  appointments  of — the  administrative  offi- 
cers of  the  county  government;  at  present  he  may  not 
even  initiate  appointments.^^  Section  3  of  the  act  of  1900 
provides  that  the  county  supervisor  is  empowered  **to 
perform  all  such  duties  as  may  be  required  of  him  by 
law  or  ordinance."  It  thus  appears  that  it  was  intended 
that  certain  duties  be  conferred  upon  bim  by  resolution  or 
ordinance  regularly  passed  by  the  board  of  freeholders.^^ 

Besides  ^Derforming  powers  of  an  executive  and  ad- 
ministrative nature  the  county  supervisor  may  exercise 
certain  legislative  functions  in  connection  with  the 
board  of  chosen  freeholders.  The  law  gives  him  the 
power  to  advise  legislative  measures  and  to  veto  resolu- 


"  The  freeholders  initiate  all  appointments  and  these  are  confirmed 
by  resolution  passed  by  that  body.  How  the  supervisor's  power  is 
crippled  can  be  illustrated  by  an  incident  in  the  organization  of  the 
present  board  of  freeholders.  This  board,  acting-  in  accordance  with  a 
law  which  had  been  repealed,  appointed  the  chief  administrative  offi- 
cials at  their  final  meeting  in  December,  1914.  The  supervisor  who  had 
just  taken  office  was  not  consulted  in  selecting  the  officials  and  could 
<lo  nothing  but  veto  the  resolution.  This  was  promptly  passed  over  his 
veto. 

^It  is  interesting  to  note  that  the  freeholders  have  made  little  use 
of  the  supervisor  as  an  administrative  official  of  the  board.  The  ten- 
dency has  been  to  place  administrative  powers  in  the  clerk  to  the  board 
■of   freeholders    instead. 


(25) 


tions.-^  Supervisor  O'Mealia  during  his  term  of  office 
(1912-1914)  made  freciuent  use  of  tlie  right  to  send 
recommendations  to  the  board  of  freeholders,  and  his 
messages  supplied  officials  with  much  information  for 
their  guidance  and  served  to  command  the  attention  of 
the  public  as  well.^-  The  message  and  reports  of  the 
county  supervisor  are  usually  the  best  sources  of  general 
information;  they  give  an  account  of  the  general  condi- 
tions of  the  county  and  recommend  needed  changes  in 
all  branches.  Much  importance  is  therefore  to  be  at- 
tached to  these  messages  for  they  serve  to  enlighten  cit- 
izens, taxpayers,  and  public  officials  generally  on  county 
affairs.  In  the  hands  of  an  aggressive  and  trustworthy 
chief  executive  the  right  to  send  messages  and  make 
recommendations  can  be  utilized  to  the  fullest  extent  in 
improving  the  county  government. 

The  county  supervisor  may  initiate  legislation  in  pre- 
senting to  the  board  a  resolution  duly  drafted,  with  an 
accompanying  recommendation  for  the  adoption  of  the 
same.  While  this  course  is  not  expressly  made  a  part  of 
the  supervisor's  duties  by  law,  it  has  nevertheless  been 
followed  on  several  occasions  since  the  office  was 
created.  A  recent  precedent  may  be  noted;  at  the  meet- 
ing of  the  freeholders  in  February,  1913,^3  the  supervisor 
submitted  an  ordinance  relating  to  the  opening  of  coun- 
ty roads;  this  was  received  and  duly  passed  as  a  resolu- 
tion of  the  freeholders.  At  the  same  meeting  the  super- 
visor submitted  another  resolution  which  he  explained 
had  been  drafted  at  his  suggestion  by  the  county  counsel. 
This  resolution  likewise  was  passed. 

The  supervisor  may  veto  any  resolution  or  ordinance 


»  The  Act  of  1900  Ch.  80  Sec.  2.  provides  that  "he  may  leoominend 
the  board  of  chosen  freeholders  to  puss  such  measures  as  he  may  deem 
necessary  or  expedient  for  the  welfare  of  the  county,  and  it  shall  be 
his  duty  to  communicate  to  the  board  of  chosen  freeholders  at  their 
first  annual  meeting  in  each  year  and  at  other  times  when  he  may  deem 
It  expedient,  a  general  statement  of  the  condition  of  the  county  In  re- 
lation to  Its  Kovernment,  finances,  Institutions,  and  Improvements,  with 
HUch    recommendations   as    he    may    deem    proper." 

*•  See  the  minutes  of  January   4,   1914,   for  one  example. 

"Minutes   of  February,    1913. 


(26) 


passed  by  the  board  of  freeholders."^  In  Hudson  County 
the  veto  power  of  the  supervisor  is  not  as  effective  as  it 
would  appear  to  be  from  the  terms  of  the  law.  This  is 
because  the  board  of  freeholders,  as  constituted  under 
the  present  law,  are  all  elected  by  the  same  political 
party.^^  It  is  not  frequent  that  the  supervisor  and  free- 
holders disagree  and  when  any  disagreement  does  arise, 
a  two-thirds  majority  will  usually  be  found  to  pass  the 
resolution  over  his  veto.  If  the  board  of  freeholders  were 
elected  in  such  a  manner  as  to  permit  minority  represen- 
tation, its  composition  would  as  a  result  be  more  evenly 
divided  politically.  In  that  event  the  veto  power  of  the 
supervisor  might  serve  a  more  useful  purpose  than  it 
now  does,  due  to  the  present  system  of  electing  free- 
holders. 

It  is  possible,  however,  for  the  supervisor  to  exert  a 
certain  amount  of  influence  over  the  board  by  means  of 
his  right  to  veto  resolutions.  While  he  may  not  veto 
items  in  the  tax  budget  he  may  veto  it  as  a  whole;  and 
with  a  factional  strife  raging  within  the  board  at  the 
time  of  its  adoption,  he  may  cause  a  temporary  deadlock 
in  the  financial  system. 

Through  his  veto  power  the  supervisor  also  may  act  as 
an  auditor  in  approving  or  disapproving  claims  against 
the  county  which  have  passed  the  board  of  freeholders. 
Many  of  the  claims  are  for  supplies  which  have  been  fur- 
nished under  contract;  but  besides  these  there  are  many 
other  claims,  which,  unfortunately,  are  for  supplies  which 


"Laws  1900,  Ch.  89.  Sec.  4.  provides  that  "Every  resolution  or  ordi- 
nance  passed  by   tiie   board   of  chosen   freeholders,    duly  certiflod   by   the 

director, shall  be  submitted  to   him   by  the   clerk  of  said  board; 

if  he  approve  it  he  shall  sign  it,  if  not  he  shall  return  it  with  his  ob- 
jections, and  file  it  with  the  clerk  of  the  board  of  chosen  freeholders 
within  ten  days  after  receiving:  it,  and  the  board  of  chosen  freeholders 
shall,  at  its  next  meeting-  thereafter  enter  the  objections  at  length  on 
the  minutes  of  the  board  and  shall  proceed  to  reconsider  the  same,  and 
if  two-thirds  of  all  the  members  of  the  board  of  chosen  freeholders 
agree  to  pass  the  same,  it  shall  take  effect,  but  in  every  case  the  vote 
shall  be  taken  by  yeas  and  nays  and  entered  in  full  on  the  minutes  of 
the  board;  and  if  such  ordinance  shall  not  be  returned  within  ten  days 
as  aforesaid,  it  shall  take  effect  in  like  manner  as  if  the  county  super- 
visor had  signed  it." 

*•  That  is,   they  are  all  elected   at  large.     Infra.   Ch.    3. 


(27) 


have  been  ordered  under  an  indiscriminate  practice  in 
vogue  called  ''requisitions."  In  allowing  the  latter 
■class  of  claims  there  is  need  for  a  close  scrutiny  and  the 
supervisor  may  act  as  an  auditor  if  he  is  disposed  to  give 
a  close  application  to  the  duties  of  his  office.  The  free- 
holders should  empower  the  supervisor  to  audit  individ- 
ual claims  presented  under  the  requisition  system,  and 
should  be  governed  by  his  action  in  so  auditing.^** 

The  annual  report  of  the  county  supervisor  for  the 
year  1914  contained  statements  which  concerned  respect- 
ively, the  financial  condition  of  the  county,  the  condi- 
tions at  the  county  institutions,  and  the  ])ublic  improve- 
ments in  i3rogress.  It  also  contained  individual  reports 
from  the  superintendents  of  the  several  institutions  and 
from  the  more  important  administrative  officers  of  the 
county.  While  the  law  does  not  expressly  state  that  the 
supervisor  may  require  annual  reports  from  all  admin- 
istrative officers  and  departments  of  the  county,  he  may 
request  departments  to  submit  such  reports,  as  incidental 
to  the  legal  obligation  resting  upon  him  to  communicate 
and  make  recommendations  to  the  board  of  freeholders.-''^ 

As  an  illustration  of  the  possibilities  existing  in  the 
supervisor's  extra-legal  powers,  we  may  cite  the  recent 
example  of  his  calling  on  an  official  who  is  directly  re- 
sponsible to  the  state  rather  than  to  the  county.  Thus 
in  1913  Supervisor  O'Mealia  presented  for  the  first  time 
a  complete  and  authentic  valuation  of  all  property  of 
ihe  county.  This  report  was  based  upon  the  expert  val- 
uations of  the  secretary  of  the  board  of  taxation  who  is 
not,  properly  speaking,  a  county  official.  In  this  way  the 
supervisor  was  able  to  present  a  statement  of  the  coun- 
ty's assets  and  liabilities,  and  the  estimated  surplus 
existing. 

It  can  be  said,  furllicnuore,  in  coiiclusioii,  tliat  the 
county  supervisor  ]>res('iiis  a  very  potential  agency  for 


■■«  Infra.   Oh.    9. 

"  As  yet  there  have  been  Issued  few  detailed  reports  of  county  ofllcers 
and  departments.  Amonij  such  prominent  omissions  may  be  found,  the 
rf'Klster,  surrogate,  clerk,  sheriff,  counsel,  attorney,  overseer,  boulevard 
commission   and   county   enj.f!neer.      Infra.   Chapter    10. 


(28) 


effecting  a  proper  simplilication  of  the  county's  govern- 
mental machinery.  He  is  the  sole  officer  who  is  charged 
with  looking  after  the  affairs  of  the  county  in  general; 
and,  by  reason  of  his  general  information  and  broad 
knowledge  of  the  county's  affairs,  he  is  in  a  position  to 
make  recommendations  which  command  respect  and  at- 
tention. No  other  county  officer  possesses  such  a  wide 
survey  of  the  county  institutions,  finances,  offices  and  de- 
partments. The  supervisor,  furthermore,  may  suspend 
and  remove  subordinate  officers  of  the  county.  He  may 
audit  claims,  may  veto  all  resolutions  including  even 
the  tax  budget;  he  may  direct  public  attention  to  points 
of  weakness  in  the  county  administration.  But  while 
these  powers  may  become  formidable  in  the  hands  of  an 
aggressive  supervisor,  there  are  certain  functions  of  the 
office  of  supervisor  which  permit  further  development. 
He  should  be  given  the  power  to  appoint  all  administra- 
tive officers  now  appointed  by  the  board  of  freeholders. 
In  this  way  responsibility  may  be  further  centered  in  the 
supervisor  and  he  may  thus  become  the  central  directing 
force  of  the  county  administration,  and  serve  in  the  re- 
lation of  business  manager  to  the  county. 


(29) 


CHAPTER  III 

THE  BOARD  OF  CHOSEN  FREEHOLDERS 

The  eoimty  board  of  cliosen  freeliolders,  as  a  political 
institution  in  New  Jersey,  dates  from  an  early  period  in 
the  history  of  the  state.^  We  have  seen  that  the  mixed 
town  and  country  system  was  established  during  the 
colonial  period,  and  that  each  town  was  given  represen- 
tation on  the  county  taxing  boards.  The  early  town  gov- 
ernment in  New  Jersey,  as  in  New  York,  did  not  become 
so  firmly  established  as  did  the  town  system  in  the  de- 
velopment of  local  government  in  the  New  England 
colonies.  County  boards  were  created  in  New  Jersey 
late  in  the  seventeenth  century,  and  each  town  was  giv- 
en representation  on  the  county  boards  from  the  start. 
FairJie  tells  us  that,  "In  1693  provision  was  made  for  the 
election  of  town  assessors  to  assist  the  justices  in  each 
(;ounty  in  the  assessment  of  taxes;  and  from  these  were 
developed  the  county  boards  of  chosen  freeholders."^ 
The  New  Jersey  system  was  in  most  respects  similar  to 
that  of  New  York.  The  county  boards  levied  the  county 
taxes,  made  appropriations  and  controlled  all  ex- 
penditures. 

As  the  towns  grew  to  be  more  numerous  and  the  coun- 
ties more  populous,  the  boards  of  chosen  freeholders 
soon  became  larger  and  eventually  cumbersome.  Each 
municipality  was  at  first  given  equal  representation; 
but  their  growth  in  the  course  of  time  became  so  uneven 
that  the  larger  cities  were  soon  given  representation  in 
proportion  to  their  population.  Thus  Hudson  County 
in  1902  when  the  first  reform  act  was  passed,  was  gov- 
erned by  a  board  composed  of  local  representatives  from 


•Supra,  Ch.  1. 

» Falrlie,  Local  Qovernment  In  Counties,  Towns  and  Villages,  p. 


(30) 


every  one  of  the  thirteen  municipalities  in  the  county; 
in  1910  the  board  numbered  thirty-one  members;  Jersey 
City,  the  largest  city  in  the  county,  held  twelve  repre- 
sentatives elected  from  the  city  wards.=^  Such  a  large 
body  was  wholly  irresponsible  for  the  proper  conduct  of 
the  county's  affairs  and  it  is  little  to  be  wondered  that 
important  functions  of  administration  were  placed  in 
special  commissions  which  the  legislature  preferred  to 
create  for  the  purpose,  rather  than  rely  on  the  board  of 
freeholders  to  administer.  With  the  creation  of  each 
commission  the  boards  of  freeholders  were  deprived  of 
a  part  of  their  control  over  the  county  expenditures. 

New  Jersey  accordingly  learned  from  experience  that 
the  large  and  unwieldy  county  boards  of  freeholders 
were  inefficient  and  that  there  was  need  for  their  reor- 
ganization. The  representative  feature  was  correct  in 
theory  but  developed  practical  difficulties  that  were  in- 
surmountable. Eventually  an  act  was  passed  in  1902 
which  would  permit  any  county  in  the  state  to  reorganize 
its  board  of  freeholders.  This  act  was  adopted  in  a  num- 
ber of  counties  by  popular  referendum;  under  its  pro- 
visions any  county  might  vote  to  reduce  the  number  of 
elective  freeholders  and  to  set  up  a  smaller  board.  Legal 
difficulties  arising  subsequently  in  the  application  of  this 
act,  however,  made  it  necessary  for  the  legislature  of 
1912  to  enact  a  new  law,  and  this  act  is  the  one  under 
which  the  present  board  of  freeholders  in  Hudson 
County  is  operating.^  Formerly  the  board  of  freeholders 
in  Hudson  County  divided  its  work  among  twenty-one 
separate  committees;  now  there  are  only  nine.  Formerly 
these  committees  were  composed  of  from  four  to  six  mem- 
bers; now  there  are  three  members  on  each  committee. 
It  may  be  said  speaking  generally  that  conditions  in  the 
county  administration  have  been  improved  since  the  re- 


*  The  county  board  in  Hudson  was  larger  than  the  State  Senate  and 
about  one-half  as  large  as  the  Assembly. 

*  Laws  1912,  Ch.  158.  The  former  act  of  1902  was  not  adopted  in 
Essex  County  until  1910.  At  this  time  a  conflict  arose  between  the  act 
of  1902  and  the  civil  service  act  of  1908.  For  details  in  this  matter  see 
Civil  Service  Report  1914,  p.  241. 


(31) 


organization  of  the  l)oaid  under  the  new  law.  Individ- 
ual members  have  given  more  attention  to  their  public 
duties,  and  an  improvement  in  the  care  of  the  county  in- 
stitutions is  worthy  of  note.  Public  attention  has  been 
centered  more  upon  the  county  government  in  Hudson 
County  since  the  reorganization  of  the  board  of  free- 
holders and  these  officials  in  turn  have  felt  their  re- 
sponsibility to  the  whole  county  instead  of  to  any  one 
city  or  municipality. 

In  certain  respects,  however,  the  conditions  obtaining 
under  the  old  plan  are  still  to  be  found.  One  of  the 
arguments  in  favor  of  a  small  board  of  freeholders  in- 
stead of  the  large  body  was  that,  with  a  few  members, 
the  new  board  would  become  more  like  a  deliberative 
body.  Experience  has  been  the  reverse.  Members  sel- 
dom, if  ever,  discuss  matters  of  policy  in  the  regular 
meetings  of  the  board. '^  Being  a  small  board  it  is  con- 
venient for  them  to  meet  in  secret  session,  create  posi- 
tions and  fix  appropriations  before  proceeding  with  the 
regular  meeting,  which  by  law  is  open  to  the  public.^ 
The  stated  monthlj'  meetings  are  still  uninteresting  and 
unattractive  to  the  citizen,  and  as  such,  they  tend  to  dis- 
courage rather  than  encourage  him,  should  he  entertain 
the  least  desire  to  become  interested  in  the  affairs  of  his 
county  government. 

In  Hudson  County  the  board  of  chosen  freeholders  is 
composed  of  nine  members;  three  freeholders  are  elect- 
ed at  the  general  election  in  November  of  each  year. 
Nominations  are  made  by  petition  and  general  primary 
in  October;  freeholders  must  be  citizens  and  residents 
of  the  county.''^  They  receive  a  salary  of  $1,500  a  year. 
Under  the  1912  act  their  term  of  office  begins  the  first 
Monday  in  January,  and  at  their  first  meeting  in  Janu- 


•  See  supervisor's  mcsf!ap:*\  Jan.  5,  1915,  on  the  practice  of  holdlnir 
secret  meetings. 

•It  has  been  pointed  out  that,  under  the  present  plan  of  eloctinp:  mem- 
bers at  larpe.  the  board  contains  no  members  repi-esentlnfr  the  minority 
party  in  the  county,  such  as  mlnht  bo  tlie  case  were  the  free-holders 
elected  from  districts,  or  by  some  plan  of  minority  representation. 

'Ordinarily  freeholders  In  Hudson  Oounty  have  been  tradesmen.  Few 
professional   men   have   been   candidates   for   the   office. 


(n2) 


ary  they  are  required  to  organize  for  the  coming  year. 
At  this  meeting  the  new  members  are  sworn  to  perform 
their  duties  faithfully,  and  a  certificate  of  their  election 
from  the  county  board  of  canvassers  and  the  county 
clerk  is  filed  in  the  minutes  of  the  board. 

The  first  step  in  the  organization  is  the  election  of  one 
of  their  members  to  the  position  of  director.  For  a  num- 
ber of  years  the  director  of  the  board  of  freeholders  in 
Hudson  was  elected  at  large. ^  This  fact  gave  the  office 
a  certain  distinction  and  a  degree  of  influence  in  addition 
to  its  ordinary  legal  aspects,  and  as  a  consequence,  it 
suggested  to  some  extent  the  creation  of  the  present 
office  of  county  supervisor.^  Formerly  the  director  ex- 
ercised the  right  to  veto  resolutions  and  to  make  recom- 
mendations to  the  board  of  freeholders.  At  present  his 
duties  are  to  act  as  presiding  officer  of  the  board,  to  vote 
on  resolutions  as  the  other  members  do,  and  to  appoint 
the  standing  committees  of  the  board.  Due  to  his  power 
to  appoint  the  several  committees,  the  office  of  director 
becomes  important  to  those  who  wish  to  control  the 
board,  determine  its  policy,  and  secure  the  choice  com- 
mittee chairmanships.^'' 

Rules  of  procedure  are  formulated  by  the  committee 
on  rules  appointed  by  the  director.  Since  the  board  of 
freeholders  is  not  a  deliberative  body  to  any  great  ex- 
tent, there  is  no  need  for  an  elaborate  set  of  rules.  How- 
ever, such  rules  are  needed  as  will  require  that  all  meet- 
ings of  the  board  be  at  stated  times,  that  all  committee 
meetings  be  open  to  the  public  and  be  held  at  stated 
times,  and  that  all  claims  against  the  board  be  presented 
according  to  prescribed  forms  and  filed  at  stated  times 
previous  to  the  monthly  meetings.  All  resolutions  are 
required  to  be  passed  in  due  form  at  the  regular  meet- 


*From   1875   to   1885. 

'  Formerly  in  Kings  County,,  New  York,  a  supervisor  elected  at  largre 
presided  over  the  county  board  of  supervisors  and  exercised  the  same 
functions  as  the  director  in  Hudson  County.  Goodnow,  Administrative 
Law  in  the  United  States.     192  n. 

"The  finance  committee  is  the  most  important  of  all. 


(33) 


ings.    All  such  requisitos  as  the  above  are  matters  for  the 
rules  to  state. 

The  standing  committees  of  the  board  of  freeholders 
which  an?  appointed  by  the  directors  are  the  following: 

1.  Finance  and  Audit:     Appointed  to  supervise  and 

audit   the  expenditures   of   the   county   institu- 
tions, boards,  commissions,  bridges,  officers,  etc. 

2.  Public  Grounds,  Court  House  and  Jail. 

3.  Bridges,  including  North,  South,  and  West  Hud- 

son Bridges. 

4.  Public  and  County  Roads. 

5.  Alms  House. 

6.  Insane  Asylum. 

7.  Penitentiary.  _ 

8.  Tuberculosis  Hospital. 

9.  Miscellaneous:     To  supervise    and  audit    the  ex- 

penditures for  stationery  and  printing,  elections, 
storehouse,  stables,  courts,  coroners,  and  morgue 
keepers*  fees,  veterans'  burials,  etc. 
The  election  of  a  director  is  followed  by  the  election  of 
a  clerk  to  the  board.     The  clerk  of   the  board  of   free- 
holders in  Hudson  County  receives  a  salary  of  $5,000  a 
year.^^     Certain  duties  of  the  clerk  are  prescribed  by 
statute  and  certain  others  are  assigned  to  him  by  reso- 
lution or  ordinance  of  the  board  of  freeholders.     He  is 
the  most  important  administrative  officer  of  the  board. 
He  keeps  all  records  of  the  proceedings  of  the  board, 
acts  as  receiving  officer,  signs  disbursing  warrants  on 
the  county  collector,  advertises  for  bids  on  bond  issues, 
construction     contracts,    etc.,    and    performs    numerous 
functions  which  are  not  to  be  found  prescribed  in  any 
one  statute  of  the  legislature  or  in  any  one  resolution  of 
Hhe  board  of  freeholders. 
His  principal  duties,  therefore,  as  prescribed  by  law 


"  Tn  Kaaejc  ('ounty  the  clerk  of  the  board  of  froeholdcrs  receives  a 
•alary  of  $1,200  a  year.  In  that  county,  howpv«>r,  the  position  of  clerk 
•f  the  board  Han  not  been  developed  to  the  same  txtont  as  in  Hudson 
Connty.  This  may  partially  h«?  accounted  for  by  the  fact  that  the  clerk 
•f  the  board  In  ffudson  performs  certain  functions  which  belonp  to  the 
taditor  In  Rhsok.  For  this  explanation  I  am  indebted  to  Mr.  Walter 
OTMara,  clerk  of  tho  Hudson   County   board  of  Freeholders. 


(34) 


are,  ''to  keep  the  minutes  and  enter  the  orders  and  pro- 
ceedings of  the  corporation  in  a  book  to  be  kept  for  the 
purpose"  and  to  "liave  custody  of  the  common  seal,  and 
the  papers,  deeds,  writings,  documents  and  books  relat- 
ing to  the  said  corporation;"  also  to  "perform  such  ser- 
vices in  keeping  the  records  and  minutes  of  the  several 
committees  of  said  corporation  as  the  corporation  shall 
prescribe,  which  duties,  or  any  of  them,  may  be  per- 
formed either  by  the  said  clerk  in  person  or  by  his  deputy 
for  that  purpose  appointed. ^^  There  are  two  assistant 
clerks  of  the  board  of  freeholders  and  a  number  of  gen- 
eral clerks  under  the  direction  of  the  clerk.^^ 

All  resolutions  or  ordinances  must  be  presented  by 
members  of  the  board  of  freeholders.  They  are  num- 
bered consecutively  and  spread  upon  the  minutes  of  the 
board.  All  resolutions  are  indexed  by  number  only; 
this  is  the  only  means  by  which  resolutions  and  ordi- 
nances may  be  referred  to  and  consulted.  Since  many 
duties  of  administrative  officers  of  the  board  of  free- 
holders are  prescribed  in  the  scattered  resolutions,  it 
would  seem  that  some  compilation  of  resolutions  and 
ordinances  should  be  made.  In  this  way  a  more  definite 
idea  of  the  exact  duties  might  be  ascertained  of  every 
county  official  whose  appointment  rests  with  the  board. 
Since  compilation  of  city  ordinances  is  a  necessity  it 
would  seem  equally  advantageous  if  all  resolutions  of 
the  county  board  were  compiled  in  convenient  form. 

Resolutions  are  drafted  by  the  county  counsel  as  a 
rule,  and  introduced  by  the  chairman  of  some  one  com- 
mittee. Reports  of  institutions  and  officers  are  entered 
from  time  to  time  in  the  minutes  of  the  board  and,  fur- 
thermore, all  matters  which  require  some  action  by  the 
board.  A  great  amount  of  information  concerning  the 
government  of  the  county  can  be  obtained  from  reading 


"Compiled  Statutes  New  Jersey,   p.    476-7. 

"What  relation  these  clerks  hold  to  the  supervisor  is  not  definitely 
settled.  It  would  seem  that  they  are  responsible  to  the  clerk  of  the 
tooard  of  freeholders  who  in  turn  is  directly  responsible  to  the  board. 
Whatever  control  over  them  the  county  supervisor  has  is  due  to  his 
power  to  suspend  or  remove  subordinate  officials.     (Supra,  Chap.  2.) 


(35) 


through  the  minutes  of  the  board  of  freeholders  for  any 
one  year  or  two. 

Besides  selecting  the  director  and  clerk,  the  board  of 
chosen  freeholders  is  required  by  law  to  select  the  coun- 
ty counsel,  collector,  county  physician,  superintendent 
of  the  alms  house,  warden  of  the  penitentiary,  and  sup- 
erintendent of  the  insane  asylum.^*  Other  important  ad- 
ministrative positions  besides  these  mandatory  officers, 
are  also  filled  ))y  the  board.  These  comprise  the  ap- 
pointment of  a  county  engineer,  county  overseer,  county 
investigator,  and  various  other  officials,  physicians,  etc. 
Much  latitude  is  given  the  board  in  creating  new  posi- 
tions. It  may  appoint  "such  other  officers  and  agents 
for  the  transaction  of  the  county  business  as  may  be  de- 
termined by  resolution  of  the  board.  "^•'''  Such  discre- 
tionary power  to  create  officers  is  sometimes  abused  and 
appointments  are  often  made  for  political  reasons  where 
the  services  of  highly  skilled  men  are  called  for.^^ 

When  it  is  attempted  to  give  a  summary  of  the  powers 
and  duties  of  the  board  of  chosen  freeliolders  there  is  no 
one  document  to  which  the  inquirer  may  turn.  The 
duties  of  the  board  are  prescribed  in  many  statutes. 
They  are  even  more  widely  scattered  than  are  the  statu- 
tory powers  and  duties  of  the  city  and  other  municipal 
authorities  in  New  Jersey.  The  county  government 
does  not  rest  on  a  charter  and  in  the  absence  of  such 
charter,  the  only  recourse  which  the  student  may  ]H)ssess 
is  the  laws.^'^  These  are  unsatisfactory  guides  to  the 
average  person  for  the  reason  that  they  are  so  numerous 
and  in  many  cases  so  unrelated  tliat  one  can  with  diffi- 


^*  Infra.   Ch.   4   and   5. 

"T.aws    1900.    Ch.    89,   Sfc.    6. 

"In  January  1915,  the  board  appointed  a  .saloon  keeper  to  the  po- 
sition of  superintendent  of  bridges.  The  civil  service  commission  de- 
cided that  the  itosltlon  was  competitive  and  required  an  examination 
thrown  open  to  all  competitors.  In  McKlnley  v.  Freeholders,  29  E.  164, 
it  was  held  tiiat  a  coui't  of  equity  had  power  to  enjoin  fraudulent  or 
unlawful   appropriation   of   mont-y   by  a   board   of  freeholders. 

"See  topic  "Chosen  Freeholders"  in  Compiled  Statutes  of  N.  J.  1910; 
also   the  New   Jersey   I.,aws   of   1910-15. 


(36) 


culty  locate  exactly  the  defects  in  the  county  admin- 
istration and  fix  responsibility.^^ 

A  general  grant  of  powers  to  the  county  board  of  free- 
holders was  made  by  the  legislature  in  the  act  of  1844.*^ 
This  law  provided  that  "the  said  boards  of  chosen  free- 
holders  shall  be  able  and  capable  to  acquire,  pur- 
chase, receive,  have  and  hold  any  lands,  tenements,  hered- 
itaments, goods,  and  chattels  in  trust  to  and  for  the  use 
of  their  said  counties  respectively,  and  for  such  other 
uses  as  are,  or  may  be  designated  by  law,  to  sue  or  be 
sued,  implead  or  be  impleaded and  to  ordain,  estab- 
lish and  put  in  execution  such  by-laws,  ordinances  and 
regulations  as  shall  seem  necessary  and  convenient  for 
the  government  of  their  respective  corporations;  pro- 
vided the  same  are  not  contrary  to  the  constitution  or 
laws  of  this  state." 

This  act  as  revised  in  1877  still  remains  the  most  gen- 
eral grant  of  legislative  and  administrative  powers  of 
the  county  board  of  freeholders.  Since  its  enactment, 
however,  the  legislature  has  more  rigidly  enumerated 
the  powers  which  it  has  conferred  on  the  county  boards, 
until  the  ''home  rule"  features  of  the  earlier  act  are  at 
present  almost  nil. 2°  The  freeholders  exercise  a  general 
control  over  the  county's  affairs.  They  pass  ordinances 
and  resolutions  for  the  management  of  the  county  build- 
ings, institutions,  roads,  bridges  and  highways.  They 
may  supervise  the  construction  of  county  buildings, 
highways  and  bridges.  They  make  appropriations  for 
all  of  these  functions  and  supervise  the  expenditure  of 
the  money  appropriated  by  them,  except  in  certain  cases. 
They  may  issue  bonds  and  establish  sinking  funds  for  the 
amortization  of  such  bonds.  They  may  appoint  admin- 
istrative officers,  and  other  county  employees,  fix  their 
salaries,  and  determine  their    duties  by    resolution    or 


"Under  a  recent  amendment  to  the  California  Constitution  certain 
counties,  notably  Los  Ant^^eles.  have  framed   their  own   charters. 

"See  also  Laws  18 19,  revised  1877,  Compiled  Statutes  N.  J.,   p.   474-5. 

"A  general  grant  of  local  ordinance  powers  to  counties  occurs  in  the 
Michigan  Constitution.  In  that  state  the  governor  may  veto  any  county 
"'*-T*6solution  which  centravenes  a  state  law  of  the  state  constitution.  See 
Palrlie  in  Am.  PI.  Sc.  Rev.,   Feb.,   1910,  p.  122. 


(37) 


ordinance;  and  they  may  remove  such  officers  and  em- 
ployees. As  it  will  thus  appear,  a  great  part  of  the  duties 
of  the  board  of  freeholders  constitutes  legislative 
functions. 

However  it  is  clear  that  the  board  of  freeholders  can- 
not be  called  a  legislative  body  exclusively;  it  has  ad- 
ministrative functions  as  well.  Under  its  general  power 
to  enact  ordinances  it  becomes  a  legislative  body,  but  in 
the  management  of  large  charitable  and  penal  institu- 
tions and  other  important  branches  of  county  govern- 
ment it  performs  administrative  functions.  Committees 
of  the  legislative  body  become  commissions  of  admin- 
istration, each  having  a  separately  assigned  task.  All 
acts  and  commissions  of  administration  must  be  ratified 
by  the  board  of  freeholders  sitting  as  a  legislative  body. 
The  individual  freeholders  thus  serve  in  a  dual 
relationship. 

Furthermore,  in  the  matter  of  finance  they  ai^t  in  a 
double  role.  As  legislators  they  may  adopt  the  annual 
appropriation  resolution  and  as  administrators  they  may 
expend  its  funds  on  the  several  branches  of  the  county 
government.  This  practice  of  combining  appropriating 
and  spending  functions  in  the  one  county  board  has  been 
completely  changed  in  several  states  l)ecause  it  has 
opened  the  way  to  extravagance.^^  In  such  instances, 
the  appropriating  powers  have  been  taken  away  from  the 
county  governing  boards.  In  Hudson  County,  however, 
the  board  of  freeholders  has  been  deprived  of  its  control 
over  the  expenditures  of  county  appropriations  only  in 
the  case  of  those  functions  which  have  been  placed  in  the 
charge  of  special  boards  and  commissions,  (jenerally 
speaking,  therefore,  the  board  of  freeholders  in  New 
Jersey  exercise  both  the  appropriating  and  the  spending 
powers,  the  exceptions  being  found  in  the  larger  counties. 


"A  county  council  was  created  in  Indiana  in  1899  which  meets  an- 
nually to  make  all  appropriations.  This  body  Is  separate  from  the 
board  of  commissioners  which  retains  the  rlf^ht  to  expend  the  fundf 
appropriated  by  the  county  council.  See  article  by  John  A.  I..app,  AnnalH 
Am.    Acad.    May    1913,    p.    248. 


(38) 


just  as  ill  Hudson,  where  sp(!cial  coni missions  have  been 
created. 

Different  opinions  are  held  as  to  what  elianges  in  the 
structure  of  Hudson  County  government  are  necessary 
in  order  to  make  it  simple,  direct  and  efficient.  A  plan; 
which  has  been  partially  adopted  and  which  represents 
the  general  tendency  in  recent  legislation  for  the  county, 
may  be  designated  as  the  "legislative  plan.'^  According 
to  it  the  powers  of  the  freeholders  are  not  to  be  in- 
creased. It  proceeds  on  the  assumption  tliat  the  l^oard 
is  incompetent  to  assume  more  power  and  resjionsibility 
as  an  administrative  body.  It  is  pointed  out  that  ex- 
perience with  the  board  in  the  past  does  not  warrant,  for 
example,  that  the  county  park  system  would  be  main- 
tained by  the  board  with  the  same  high  degree  of  effi- 
ciency as  characterizes  its  present  administration  under 
a  separate  commission  appointed  by  the  judge  of  the 
Court  of  Common  Pleas.  A  committee  of  freeholders 
would  not  be  a  proper  substitute  for  the  latter  body,  so 
it  is  argued.  Upon  this  theory  the  legislature  has  placed 
certain  important  administrative  functions  of  the  county 
in  the  charge  of  special  commissions.  The  chief  objec- 
tion to  this  theory  is  that  responsibility  in  county  gov- 
ernment must  be  centralized,  rather  than  divided,  if 
proper  control  is  exercised  over  all  departments. 

The  question  of  reconstructing  the  county  government 
is  approached  from  an  opposite  point  of  view  by  those 
who  would  perpetuate  the  county  board  of  freeholders 
and  increase  its  powers.  Abolish  all  unnecessary  com- 
missions and  place  their  powers  in  the  charge  of  the 
board  of  freeholders,  it  is  advocated.^^  Those  who  affirm 
the  competency  of  the  freeholders  to  take  over  these 
functions,  contend  that  the  county  board  of  freeholders 


**  Previous  to  the  election  of  assemblymen  in  1913  the  Citizens  Fed- 
eration secured  an  affirmative  pledge  from  all  candidates  in  respect  to 
the  following-  question:  "Do  you  favor  the  abolition  of  the  County  Board 
of  Health,  the  Boulevard  Commission,  the  Mosquito  Commission,  the 
Park  Commission,  the  County  Building  Cimmittee  and  the  transference 
of  their  powers  back  to  the  board  of  Chosen  Freeholders  for  the  sim- 
plification of  the  county  business  and  the  concentration  of  re- 
sponsibility?" 


(39) 


does  not  under  the  existing-  arrangement  have  sufficient 
<3ontrol  over  the  administiation  of  the  county's  affairs; 
that  the  power  to  spend  the  funds  appropriated  each 
year  should  he  controlled  by  the  board  of  freeholders, 
and  not  be  divided  among  separate  administrative 
bodies,  each  exercising  the  right  to  spend  in  its  own  dis- 
cretion the  appropriation  allotted  to  it.  This  very  sys- 
tem, or  lack  of  system,  as  it  is  described,  is  the  chief 
reason  for  the  increasing  county  tax  rate  and  the  in- 
creasing burden  of  the  county  appropriations.  Such 
special  commissions  are  attacked  in  general  as  violative 
of  the  principle  of  ''home  rule."^^ 

If  experience  under  city  government  suggests  any  one 
solution  in  discussing  our  irresponsible  county  govern- 
ment, it  is  that  the  number  of  local  elective  officials 
should  be  reduced  and  all  responsibility  placed  in  one 
small  board  which  is  elected  by  the  people.  This  solu- 
tion, as  applied  to  county  conditions  in  Hudson,  is  very 
near  to  the  commission  plan.  Commission  government 
for  Hudson  County  would  be  getting  back  again  to  first 
principles.  As  we  have  seen,  formerly  the  powers  of 
levying  taxes,  appropriating  and  spending  county  funds 
in  the  New  Jersey  counties  resided  in  one  county  board. 
In  this  respect  the  former  system,  therefore,  was  not  un- 
like the  modern  commission  plan  of  government  for 
cities.  In  both  systems  the  significant  feature  is  the 
combining  of  the  tax  administration,  the  appropriating 
power  and  the  spending  power  in  one  small  board.  One 
feature  which  has  appeared  more  recently  in  connection 
with  the  modern  commission  plan  is  lacking  in  the  for- 
mer local  county  board;  there  was  no  provision  for  a 
■manager.  If  the  principle  of  commission  government 
and  city  manager  were  applied  to  Hudson  County  the 
new  county  manager  would  find  a  counter-part  in  the 


"The  supervisor  In  his  nicssuge  of  January  6,  1913,  said:  "These  com- 
missions are  robbing-  the  people  of  Hudson  County  of  the  rl^ht  to 
Kovern  themselves.  I  believe  In  home  rule  for  Hudson  County  and  the 
QuIclter  wre  have  it  the  better  the  people  will  appreciate  It  and  they  can 
hold  their  representatlvds  resi)onslble  for  an  economical  administration 
•of  county  affairs. "     Miniit«s  of  Freeholders,   January,   1913,   p.   7. 


(40) 


i 


present  office  of  count}^  supervisor.  There  would  be  one 
exception,  however,  the  supervisor  is  an  elective  rather 
than  an  appointive  official. ^^ 


-*  See  appendix  for  diagram  of  county  manager  plan,  recommended  by 
the  New  York  State  Short  Ballot  Association  for  county  government  in 
the  State  of  New  York. 


(41) 


chaptp:r  IV 

FUNCTIONS    OF    THE    BOARD    OF    CHOSEN    FREEHOLDEHIS- 
COUNTY   BUILDINGS   AND   INSTITUTIONS. 

The  first  and  most  important  of  the  public  buildings 
under  the  supervision  of  the  board  of  freeholders  is  the 
county  court  house.  This  building  is  directly  under  the 
control  of  the  superintendent  of  buildings  and  grounds 
who  is  appointed  by  the  board  of  freeholders.  His  salary 
is  $4,000  a  year.^  In  addition  to  appointing  a  superin- 
tendent, the  board  of  freeholders  has  made  it  a  practice 
to  appoint  all  caretakers  and  assistants.  These  posi- 
tions are  now  so  numerous  and  responsible  supervision 
over  them  is  so  difficult  to  maintain,  that  the  superinten- 
dent of  buildings  and  grounds  is  limited  in  the  oppor- 
tunity to  make  his  office  efficient.  All  court  house  em- 
ployees should  be  appointed  by  the  superintendent  and 
be  responsible  to  him  directly.  Instead,  the  court  house 
employees  feel  their  responsibility  to  the  board  of  free- 
holders which  appoints  them  and  determines  their 
salaries.^ 

The  Hudson  County  court  house  is  the  most  preten- 
tious and  costly  public  building  in  the  State  of  New  Jer- 
sey. It  was  constructed  by  a  committee  of  the  board  of 
freeholders  in  1910-11,  and  is  an  example  of  extrava- 
gance in  the  county  government  which  may  be  at- 
tributed in  ]iart  to  the  irresponsible  committee  system 
under  tlio  large  board  of  freeholders,  and  in  part  to  the 
lack  of  ])()]iular  interest  in  the  county  government  in 
general.     No  better  illustration  could  be  taken  from  the 


'  The  court  house   Is  valued   approximately   at   13,000.000. 

'The  cont  to  the  county  of  this  Irresponsible  system  is  nbout  $68,060 
a  year,  ■which  amount  Is  necessary  to  pay  the  salaries  of  the  caretakers 
of  the  couit  house.  Although  the  services  of  the  superlntentlent  are 
invaluable,  the  county  is  deprived  of  their  full  beneHt  due  to  Inter- 
ference by   the  board  of  freeholders. 


(42) 


history  of  the  coimty  to  prove  tlic  necessity  for  a  con- 
stant watchfulness  by  the  citizens  over  the  county  oflfi- 
cials  whom  they  have  entrusted  with  office.  Officials 
must  be  made  to  feel  their  responsibility  to  the  public 
rather  than  to  the  few  political  workers  who  may  aid 
them  to  secure  an  election.  The  interests  of  the  public 
demand  economy  in  the  construction  of  all  public  build- 
ings, but  it  often  happens  that  those  who  are  exercisinjr 
temporarily  the  authority  to  conduct  large  works  of  con- 
struction, are  men  who  have  had  no  experience  in  hand- 
ling large  affairs  in  private  business.  They  are  irre- 
sponsible in  a  large  degree  for  the  tasks  confronting 
them. 

The  history  of  the  Hudson  County  court  house  in- 
vestigation is  too  lengthy  to  permit  of  anj^  detailed  nar- 
ration in  this  work.^  The  court  house  was  built  under 
the  authority  of  an  act  of  the  legislature  of  1901.  By  the 
provisions  of  this  act  a  committee  of  three  members  of 
the  board  of  freeholders  were  appointed  by  the  director 
and  was  authorized  to  purchase  lands  or  secure  same  by 
condemnation  proceedings  for  the  erection  of  certain 
county  buildings.  The  committee  was  known  as  the 
County  Building  Committee.  This  committee  was 
authorized  to  appoint  a  counsel  and  an  architect  and  pro- 
ceed with  full  powers  to  supervise  the  erection  of  a  court 
house  and  such  county  buildings  as  in  their  opinion  were 
needed.  The  only  limitation  on  the  power  to  expend 
money  was  the  indefinite  provision  in  the  act  that  the 
total  expenditures  should  not  exceed  four-fifths  of  one 
per  centum  of  the  county  ratables.  The  possible  scope  of 
the  expenditures  involved  in  this  act  was  not  realized 
by  the  public  at  the  time  of  its  enactment. 

The  President  of  the  Citizens  Federation  of  Hudson 
County  has  said : 

"At  the  time  this  law  was  enacted  the  percentage  of  ratables  al- 
lowed an  expenditure  of  $1,580,000,  which  was  estimated  as  ample. 
Before  contracts  were  let,  county  ratables  had  increased   to  the  ex- 


•  The    investigation    has    been    piiblished    in    full    and    is     contained    in 
"The   Hudson   County   Court   House   Investig-ation."    Four.  Volumes. 


(43) 


tent  that  the  commission  had  $7,500,000  to  spend  simply  because  the 
law  allowed  it.  Without  any  consideration  of  the  economical  ability 
of  the  county  or  the  necessity  of  the  case,  the  commission  proceeded 
to  spend  the  money  in  a  lavish  and  extravagant  manner.  If  it  had  not 
been  for  the  energetic  work  of  a  committee  of  citizens,  followed  by 
the  work  of  the  Citizens  Federation,  the  commission  would  no  doubt 
have  spent  $7,500,000,  which  under  steadily  increasing  ratables,  would 
have  been  at  its  disposal. "4 

The  committee  of  citizens  mentioned  in  the  above  was 
formed  as  a  result  of  popular  indignation  over  the  pro- 
posed cost  of  the  court  house  and  over  the  possibility  of 
further  extravagance  if  the  county  building  committee 
were  permitted  to  proceed  with  the  construction  of  a 
county  jail  and  a  hall  of  records.  The  committee  of  cit- 
izens became  known  as  the  Court  House  Investigating 
Committee.^  The  work  of  investigation  was  carried  on 
at  a  cost  of  much  labor  and  expense  to  the  members  of 
the  committee,  all  of  which,  however,  did  not  check  them 
in  performing  what  they  regarded  as  their  duty  to  the 
citizens  of  the  county. 

An  analysis  of  contracts  and  expenditures  was  pre- 
sented, which  showed  a  total  cost  of  the  building  of 
$3,328,016.56.  The  original  estimate  of  the  architect  had 
called  for  a  total  expenditure  of  only  $990,000.00.  The 
causes  for  the  excessive  price  were  set  forth  in  detail  by 
the  committee.  As  illustrative  of  their  methods  of  care- 
fully scrutinizing  all  expenditures,  the  following  quota- 
tion from  their  report  is  of  interest. 

"Perhaps  the  most  flagrant  and  clearly  established  instances  of 
overcharge  are  those  connected  with  the  wood  and  metal  furniture 
supplied  under  contract  of  John  Gill  &  Sons,  at  unit  prices.  The 
lumping  together  in  a  single  contract,  of  articles  so  incongruous  as 
mural  paintings  by  eminent  artists,  metal  and  wood  furniture,  and 
cuspidors,  could  have  no  object  beneficial  to  the  county.  It  is  shown 
by  experts  employed  by  Mr.  James  Cameron  that  the  true  value  of 
the  wood  furniture,  allowing  a  fair  profit,  is  $19,488.00,  whereas  the 
county  paid  for  same,  under  the  unit  prices,  $36,883.00,  an  excess  over 
the  true  value  of  $17,395.00." 


'Statement  of  Mr.  Palmer  Campbell  in  a  prospectu."'  .sont  out  by  the 
Citizens    Federation   of   Hud.son   County. 

•See  report  of  the  Executive  Committee.  May  10.  1911,  signed,  James 
K.  Pope.  Charles  L.  Carrick.  Felix  E.  Tumulty.  Nel«on  J.  H.  >Kdttte. 
tJlamor  Allen,   Mung^o  J.  Currle,  George  J.   McKwan,    Kdw.    P.   Reichhelm. 


(44) 


i 


Many  other  such  illustrations  were  cited  in  the  report 
of  the  executive  committee  of  which  this  one  statement 
is  but  an  example. 

The  old  county  building  committee  was  brought  to  an 
end  by  an  act  of  the  legislature  in  1911.  A  new  commis- 
sion was  created  to  which  members  were  to  be  appointed 
by  the  Justice  of  the  Supreme  Court.  The  act  directed 
the  new  County  Building  Committee  'Ho  proceed  speed- 
ily to  complete  and  finish  all  acts  and  things  unfinished 

in  the  erection  and  furnishing  of  said  court  house 

and  other  buildings."  Under  the  operation  of  this  act 
the  commission  paid  off  the  claims  against  the  former 
county  building  committee  growing  out  of  the  court 
house  contracts.  The  authority  to  construct  the  pro- 
posed county  jail  has  now  reverted  once  more  to  the 
board  of  freeholders.  In  1914  a  special  act  of  the  leg- 
islature was  passed  which  permits  the  board  of  free- 
holders to  acquire  land  for,  and  to  supervise  the  con- 
struction of  a  new  county  jail.  This  act,  however,  does 
not  give  any  authorization  to  the  freeholders  to  proceed 
with  the  proposed  hall  of  records  which  the  old  county 
building  committee  had  under  consideration  at  the  time 
of  its  dissolution. 

THE  COUNTY  JAIL 

The  county  jail  is  under  the  direct  charge  of  the 
sheriff.  Section  1  of  the  act  of  1894  provides,  ''that  the 
sheriff  in  all  the  counties  of  the  first  class  in  the  state 
shall  have  the  custody,  rule,  keeping  and  charge  of  the 
jail  or  jails  within  such  county,  and  of  the  prisoners  in 
such  jail  or  jails,  and  shall  be  responsible  for  the  con- 
duct of  any  keeper  whom  he  shall  appoint  for  the 
same."*^  The  warden  and  all  other  employees  of  the 
jail  are  appointed  by  the  sheriff  but  their  appointment 
must  be  approved  and  their  salary  fixed  by  the  board  of 
chosen  freeholders.  The  sheriff  is  responsible  for  the 
conduct  of  the  warden  but  he  cannot  remove  him,  since 
it  has  been  decided  that  this  position  comes  under  the 


•Laws    1894,    p.    534.      In    Cook    County,    111.,    the    sheriff    acts    also    as 
superintendent  of  the  several   court  buildings. 


(45) 


provision  of  the  civil  service  act.^  The  sheriff  is  held 
responsible  for  safeguarding  of  prisoners,  in  the  county 
jail. 

The  expense  of  maintaining  the  jail  is  provided  for  by 
the  board  of  freeholders.  While  the  sheriff  is  now  paid 
a  fixed  salary  instead  of  by  the  fee  system  of  former 
years,  he  still  rec^eives  15c  a  day  for  every  prisoner  and 
$1.00  a  day  for  every  witness  held,  and  every  person  de- 
tained under  observation  pending  an  insanity  inquest.' 
These  bills  are  allowed  by  the  board  of  frieeholders  and 
paid  by  the  county  collector.  The  total  salaries  of  the 
jail  employees  amount  to  about  $20,000  a  year.  The 
average  daily  number  of  prisoners  in  1914  was  about  200. 
This  number  is  partially  accounted  for  because  of  the 
lack  of  a  house  of  detention  and  of  a  parental  school  for 
the  care  of  wards  of  the  juvenile  court.  In  January,  1915, 
it  was  found  that  about  twenty-five  boys  under  eighteen 
years  of  age  were  confined  in  the  county  jail  for  various 
offenses.* 

It  is  to  be  noted,  therefore,  that  the  present  county 
jail  is  used  for  the  confinepient  of  several  classes  of  de- 
pendents which  have  come  to  be  recognized  by  most 
authorities  in  correctional  work  as  requiring  separate 
institutional  care.  In  speaking  of  the  practice  of  send- 
ing insane  patients  to  the  jail  for  examination  the  coun- 
ty physican,  Dr.  George  King,  in  his  annual  report  to 


'The  court  of  Errors  and  Appeals  has  decided  that  the  provisions  of 
the  Civil  Service  act  restrict  the  sheriff  in  removing  the  warden  of  the 
county  jail.  The  court  says:  "It  is  a  self  demonstrative  proposition 
that  the  warden  of  a  jail  during:  the  three  years  of  his  incumbency  of 
that  office    acquires    by  experience    valuable  knowledge    and   efficiency. 

He   is   more   valuable   in   the   public   service   than    one 

•who  has  not  had  the  experience.  There  is  nothing  in  the  civil  service 
law  which  prevents  the  discharge  of  an  employee  who  may  be  guilty 
of  Incompetency  or  offlcial  misconduct  upon  charges  made  after  a  hear- 
ing. The  general  design  of  the  act  was  to  put  such  positions  beyond 
political  control,  partisanship  and  personal  favoritism,  in  order  to  se- 
cure to  the  state  and  county  the  best  public  service."  See  a  discussion 
of  this  decision  in  the  Annals  of  the  American  Acad.,  May  1913,  p.  101. 

•The  present  county  collector  contends  that  the  sheriff  is  not  en- 
titled to  such  fees  in  excess  of  the  actual  cost  to  him  of  the  board  of 
prisoners.  Jersey  Journal,  Jan.  30,  1915.  For  a  full  discussion  of  this 
point  see  Cameron  Report,  p.  81  ff. 

•Statement  of  the  Judge  of  the  Juvenile  Court.  January  27.  1918. 
Jersey  Journal. 


(46) 


I 


the  board  of  freeholders  says:  "We  wish  to  emphasize 
the  fact  that  the  stinging  remembrance  of  one  who  has 
committed  no  crime,  but  on  account  of  his  mental  de- 
rangement has  been  compelled  to  spend  some  days  in  the 
county  jail,  is  an  unjust,  unkind  and  unfair  treatment 
for  one  in  his  state  of  mind."^*'  Accordingly  the  county 
physician  requests  that  provision  be  made  in  the  county 
jail  for  a  separate  psychopathic  ward  for  the  examina- 
tion of  insanity  cases. 

Much  criticism  has  been  directed  of  late  to  the  county 
jails  as  correctional  institutions.  Mr.  Clarence  L.  Ston- 
aker,  Secretary  of  the  New  Jersey  State  Charities  Aid 
Association,  remarks:  "The  ideal  is  a  detention  jail  of 
separate  rooms  for  each  person  awaiting  trial,  and  a 
distinct  and  separate  workhouse  for  all  persons  sen- 
tenced by  the  courts.  "^^ 

In  the  same  connection,  Mr,  Orlando  F.  Lewis,  Secre- 
tary of  the  Prison  Association  of  New  York,  has  said, 
that  "In  comparison  with  the  ideas  of  modern  penology 
the  county  jail  is  hopelessly  backward.  "^^ 

Authorities  are  in  agreement  furthermore  that  the  jail 
is  not  a  proper  institution  for  persons  who  must  serve 
out  a  sentence  of  any  length  of  time.  The  real  need  is 
for  the  county  to  provide  opportunity  for  industrial  or 
agricultural  occupation  at  all  institutions  which  are  used 
for  term  sentences.  Complete  separation  of  persons  held 
for  trial  from  those  convicted  and  serving  sentences  is 
demanded  on  the  principle  of  humanity;  it  is  in  line  with 
the  best  of  modern  thought  on  the  subject  of  prison  re- 
form. A  house  of  detention  would  seem,  therefore,  to  be 
the  best  substitution  generally  for  the  county  jail.  The 
need  for  such  a  substitute,  appears  most  urgent  when- 
ever the  jail  is  used  chiefly  to  detain  witnesses  for  the 
courts  and  persons  who  are  awaiting  to  be  committed  to 
the  county  or  state  institutions. 


"Report  of  the  County  Physician,  Minutes  Jan.  1914,  p.  73. 
"Report  of  the  State  Charities  Aid  Association  1913.     See  Legislative 
Doc.  1913. 
"  Address  before  a  conference  on  county  reform  in  New  York  City  1914. 


(47) 


COTTNTY   INSTITUTIONS:      INSANE   ASYLUM 

Responsibility  rests  more  heavily  on  the  board  of 
chosen  freeholders  in  the  care  of  the  insane,  perhaps, 
than  in  any  other  of  the  more  important  branches  of  the 
county  administration.  This  is  due  to  the  absence  in 
New  Jersej'  of  a  definite  state  policy  in  the  care  of  cur- 
able and  incurable  insane.  The  county  is  still  the  po- 
litical unit  which  is  charged  with  this  important  admin- 
istrative function. ^^  As  a  result,  there  is  a  great  lack  of 
uniformity  in  the  several  counties  which  have  institu- 
tions for  the  care  and  treatment  of  insane  persons. 

The  contrast  thus  possible  in  two  adjacent  counties 
maj^  be  observed  in  comparing  the  two  counties  of  the 
first  class.  In  Essex  County,  for  example,  there  is  one 
of  the  most  expensive,  elaborate  and  complete  institu- 
tions for  the  care  of  insane  persons  that  can  be  found. 
This  institution  houses  and  provides  modern  treatment 
for  1,800  patients  at  a  cost  to  the  county  of  about  $450,- 
000  annually.^^  In  Hudson  County,  however,  an  institu- 
tion for  the  insane  is  maintained  which  was  originally 
built  to  accommodate  250  patients,  has  since  been  re- 
remodeled  to  care  for  not  more  than  350,  but  is  used  at 
present  (1915)  to  care  for  800  patients.^''  If  one  county 
has  gone  to  the  extreme  in  the  matter  of  expense  the 
other  has  not  measured  u])  to  its  responsibilities  in  pro- 
viding adequate  care  and  treatment  for  insane  persons. 

In  Essex  County  provision  is  made  for  the  best  and 
most  modern  medical  attention  and  industrial  equipment 
for  the  care  and  wholesome  employment  of  the  insane. 
In  Hudson  County  the  medical  treatment  is  almost  en- 
tirely lacking.  The  800  patients  are  idly  confined 
throughout  the  greater  part  of  the  year  without  adequate 
provision  for  oiitdooi*  exercise  or  such  ein])l()yment  as 
would  seem  necessary  for  their  mental  im])r()vement.  Tlic 
latter  institution  is  in  short  an  old  fashioned  custodial 


"In  New  Jersey  there  are  only   two  state   institutions   for   the   Insane. 

"Less  tlie  amount  of  course,  which  is  i)aiil  by  tlie  state  for  tlie  care 
of  the  county's  Insane. 

"See  resolutions  adopted  by  the  CItlzeng  Federation  of  Hudson  Coun- 
ty,  October   16,    1912.      Citizens   Bulletin,   Nov.    1912. 


(48) 


institution  where  the  sole  purpose  seems  to  l)e  to  house 
and  feed  all  patients  committed  to  its  care.  It  has  been 
pointed  out,  however,  that  custodial  institutions  for  the 
insane  such  as  Hudson  County  affords  cannot  entirely 
be  abandoned  in  the  event  of  the  establishment  of  a  state 
control.  The  president  of  the  New  Jersey  State  Chari- 
ties Aid  Association  has  said:  "The  state  should  under- 
take a  distinct  hospital  and  curative  work  leaving  to  the 
several  counties  the  maintenance  of  the  custodial 
asylums  for  the  chronic* and  probably  incurable  class,  but 
imder  state  advisory  supervision."^^ 

For  the  present  Hudson  County  is  continuing  under 
the  old  policy,  namely,  of  providing  food  and  shelter  for 
the  insane.^'  The  board  of  freeholders  appoints  a  medi- 
cal director,  so  called,  as  the  chief  administrative  officer 
for  the  asylum;  the  medical  director  receives  a  salary  of 
$5,000  a  year.  All  nurses,  so  called,  and  attendants  at 
the  asylum  are  appointed  by  the  board  of  freeholders. 
No  special  qualifications  of  any  importance  are  required 
of  the  nurses  and  attendants  who  undertake  this  work. 
They  are  grouped  under  non-competitive  classification; 
their  appointments  are  passed  upon  perfunctorily  and 
their  salaries  fixed  by  the  board  of  freeholders. 

Patients  are  committed  to  the  asylum  through  the 
court  of  common  pleas,  the  medical  examination  being 
performed  by  the  county  physician.  For  every  indigent 
patient  the  state  allows  the  county  $2.00  per  week  for  the 
patient's  board.  If  it  appears  at  the  hearing  before  the 
judge  that  the  patient  belongs  to  a  family  which  is  able 
to  pay  in  whole  or  in  part  his  or  her  board,  the  rate 
per  week  is  fixed  by  the  judge  and  is  certified  to  the 


^"Legislative  Documents  1912  New  Jersey.  Report  to  Gov.  Wilson. 
This  report  is  in  line  with  the  general  tendency  to  leave  clironic  cases 
of  insanity  with  the  municipality  instead  of  transferring-  care  of  such 
to  the  State.     Pairlie,  Local  Government  in  Counties,  etc.,  p.  227. 

"  Ch.  250  Laws  1912  provides  that  the  county  may  erect  a  new  asylum 
for  the  insane.  Under  this  act  Hudson  County  may  proceed  with  the 
construction  of  a  new  institution.  In  1913  the  board  considered  the 
project  of  building  an  asylum  outside  the  limits  of  the  county  due  to 
the  lack  of  a  suitable  location.  Public  opinion  was  not  ready  to  approve 
such  a  course  and  the  movement  was  dropped,  Minutes  April  10, 
1913,   p.   76. 


(49) 


hoard  of  freeholders.  The  hoard  of  freeholders  has  as 
yet  succeeded  in  adopting  no  adequate  methods  of  col- 
lecting this  money  from  the  relatives  who  are  able  to 
pay  for  the  su[)port  of  patients.^^ 

ALMS  HOUSE 

In  New  Jersey  the  care  of  the  poor  is  devolved  by  gen- 
(?ral  law  upon  both  the  county  and  the  municipality;  the 
latter  merely  supplements  the  work  of  the  larger  unit  of 
government.**  Altogether  there  are  only  twelve  county 
alms  houses  in  the  State  of  New  Jersey.^"  Of  this  num- 
ber Hudson  County  owns  and  maintains  the  most  modern 
and  most  expensive.  In  the  majority  of  institutions 
there  is  need  for  surgical  care  and  hospital  facilities, 
since  the  inmates  are  generally  old  and  decrepit.  In 
Hudson  County  this  need  is  supplied  by  a  hospital  annex 
which  is  under  the  charge  of  a  physician  and  operated 
as  an  annex  to  the  county  alms  house. 

Both  alms  house  and  hospital  annex  are  under  the 
management  of  the  board  of  freeholders.  A  committee 
of  three  freeholders  acts  as  one  administrative  commis- 
sion for  the  two  institutions.  The  board  of  freeholders 
appoints  the  superintendent  of  the  alms  house;  his  salary 
is  $3,000  a  year.  The  physician  in  charge  of  the  hospital 
annex  is  subordinate  to  the  superintendent  and  is  also 
appointed  by  the  board  of  freeholders;  his  salary  is 
:$2,200  a  year. 

In  accordance  with  the  mixed  town  and  county  sys- 
tem, the  local  overseers  of  the  poor  in  the  several  munici- 
palities exercise  the  right  of  committing  paupers  to  the 
county  alms  house.    Neither  the  freeholders  nor  the  sup- 


»» Infra.  County  Inve.stiprator.  Ch.  5.  For  opinion  of  the  county 
counsel  on  the  subject  see  minutes  of  the  board  of  freeholders,  August 
14,  1913,  p.   175. 

"The  state  maintains  no  institutions  for  the  poor.  The  state  de- 
pertment  of  charities  has  been  created  only  recently  and  as  yet  no 
rigorous  system  of  -.tate  inspection  has  been  inauRurated.  The  State 
♦Jharlties  Aid  Association,  a  voluntary  society,  performs  a  much  needed 
work  in  reportlnpr  actual  conditions  In  the  charitable  and  correctional 
aistitutions  throuf^hout  the  state.  Their  orpanizatlon  receives  a  sllRht 
»,sslstance  from   the  State. 

"In  eiprht  counties,  aims  houses  are  maintained  by  the  municipalities; 
tm  two  counties,  there  are  no  alms  houses. 

(50) 


erintendent  of  the  alms  house  has  a  similar  power  to 
commit;  this  right  belongs  exclusively  to  the  municipali- 
ties.^^  In  this  way  the  responsibility  for  committing 
paupers  to  the  county  alms  house  is  divided  among  the 
poor  officers  of  thirteen  municipalities  and  is  not  cen- 
tered in  any  single  body  as  it  is  in  the  commitment  of 
insane  persons.^^ 

The  increasing  number  of  paupers  found  at  county  and 
municipal  almshouses  everywhere  has  become  the  sub- 
ject of  inquiry  and  attention  of  public  officials  in  general 
of  late.  While  making  due  allowances  for  normal  in- 
creases resulting  from  a  growing  population,  it  has  been 
recognized  that  officials  must  be  more  careful  in  their  in- 
vestigation of  those  persons  who  apply  for  admittance 
and  of  those  for  whom  application  is  made.^'  It  has 
been  recommended  in  Hudson  County  that  the  power  to 
commit  be  transferred  from  the  several  overseers  of  the 
poor,  to  some  central  body  such  as  a  county  superinten- 
dent of  the  poor  or  by  the  judge  of  the  court  of  common 
pleas.^^ 

At  the  present  time  there  is  no  uniformity  in  the 
methods  of  investigation  employed  by  the  poor  officers 
in  committing  persons.  There  are  approximately  680  in- 
mates at  the  alms  house,  and  in  many  cases  commitments 
have  been  made,  and  the  persons  received,  without  an 
adequate  presentation  of  facts  to  show  that  they  were  in 
need  of  public  assistance.  The  question  is  one  for  closer 
scrutiny  on  the  part  of  the  county  officials  and  for  leg- 


"The  superintendent  is  given  the  right  to  discharge  inmates  from  his 
custody  but  has  been  slow  in  using  it  in  practice. 

^  This  situation  is  somewhat  better,  however,  than  that  in  West- 
chester County,  New  York.  Here  the  power  to  commit  paupers  is  di- 
vided among  150  officials,  according  to  a  statement  of  the  deputy  super- 
intendent of  the  poor  in  Westchester  County,  Mr.  A.  M.  Brown,  made  be- 
fore the  first  state  conference  on  better  county  government,  at 
Schenectady,  New  York,  November,  1914.  Mr.  V.  Bveret  Macy  is  the 
superintendent  of  the  Poor  in  Westchester  County  and  appoints  the 
deputy. 

"See  the  comprehensive  Report  of  the  Committee  on  Inquiry  into  the 
Departments  of  Health,  Charities  and  Bellevue  and  Allied  Hospitals  In 
the  City  of  New  York,  1913,  pages  249  to  368.  "Admission  to  City 
Homes."      (Almshouses). 

"This  suggestion  is  made  by  Mr.  Clarence  L.  Stonaker,  of  Newark, 
Secretary  of  the  State  Charities  Aid  Association. 


(51) 


islation  which  will  center  the  power  to  commit  in  one 
body,  and  not  leave  it  in  the  hands  of  thirteen.  An  in- 
vestigation similar  to  that  conducted  by  the  City  of  New 
York  is  needed  in  Hudson  County.  The  board  of  free- 
holders has  power  to  order  a  special  investigation.^^ 

PENITENTIARY 

The  county  maintains  a  workhouse — or  penitentiary 
as  it  is  now  called;  this  institution  supplies  prisoners 
with  labor  of  an  inferior  order.  The  county  penitentiary 
is  what  its  name  implies;  it  is  a  workhouse  for  the  con- 
finement of  prisoners  who  are  to  serve  out  sentences  of 
short  terms.  Unlike  the  county  jail,  it  is  managed  l)y  the 
board  of  freeholders  and  not  by  the  sheriff.  The  board 
of  freeholders  appoints  the  warden  of  the  penitentiary 
and  all  asssistants.  The  latter  are  appointed  under 
civil  service  rules  and  are  classed  as  competitive  posi- 
tions.^*'   The  warden  receives  a  salary  of  $4,000  a  year. 

The  county  workhouse  is  one  of  the  old  style  institu- 
tions of  its  kind.  The  interior  of  the  buildings  is  in- 
dicative of  the  age  of  the  institutions.  The  cells  are  nar- 
row and  arranged  in  tiers;  some  have  metal  doors;  none 
has  windows.  The  windows  in  tlic  court  walls  are  high 
and  the  cells  are  poorly  lighted  as  a  result.  The  plumb- 
ing is  continually  in  need  of  overhauling,  and  the  (|uar- 
ters  set  apart  for  female  ))risoners  should  be  enlarged. 
The  county  will  be  obliged  to  build  a  new  ])enitentiary 
in  the  near  future.    Tlie  cost  of  repairs  to  the  present  in- 


^'^  A  law  of  1911  pi-iivides,  that  "The  kfei>er  and  luT.son  in  ohar^P  of 
every  institution  for  the  poor  shaU  keep  a  book,  to  be  provided  by  the 
authority  charged  with  the  care  of  the  institution,  in  which  book  he 
shall  enter  from  time  to  time  the  name,  date  of  cimimitment,  ane,  sex, 
color,  description,  physical  and  mental  condition,  education,  habits,  oc- 
cupations, conditions  of  ancestors  and  family  i-elations,  cause  of  de- 
pendence, place  and  date  of  discharge  or  death  and  the  place  of  burial 
of  each  and  every  person  coming  into  the  care  of  such  institution  to- 
gether with  any  other  information  about  them  which  may  be  ascer- 
tained, and  said  book  shall  be  open  to  insi)ection  at  all  times,"  N.  J. 
Laws,  1911,  p.  408.  A  penalty  is  provided  for  the  neglect  of  the  alms- 
housekeeper   to   keep   such    a   record    book. 

=«  Civil   Service   Report    1914,    p.    153-154. 


(52) 


stitution  has  become  a  gradually  increasing  expense  to 
the  county. 

The  word  reformatory  could  hardly  be  applied  to  the 
Hudson  County  penitentiary.  The  mass  of  material  that 
comes  to  the  institution  is  not  the  kind  that  would  justi- 
fy the  county's  introducing  an  elaborate  system  of  trade 
instruction,  such  for  example  as  is  found  in  a  reforma- 
tory. The  total  number  of  prisoners  sentenced  in  1913 
was  1085,  but  the  daily  attendance  was  only  225.  About 
two-thirds  of  those  sentenced  were  between  twenty  and 
forty  years  of  age,  and  about  one-ninth  were  serving  a 
second  term.^'  These  prisoners,  both  male  and  female, 
are  supplied  with  employment  of  an  inferior  kind.  The 
men  are  put  to  stone  crushing,  excavating,  and  general 
manual  labor  around  the  several  institutions.  The  fe- 
male prisoners  are  kept  at  garment  making  and  general 
sewing  for  the  prisoners.^^ 

Over  two-thirds  of  the  prisoners  sentenced  to  the  peni- 
tentiary during  the  year  1912-1913  were  sent  as  ''dis- 
orderly persons."  Under  the  disorderly  persons  act 
many  of  the  minor  oftenses  are  included;  over  these  the 
police  and  recorders  courts  in  the  several  municipalities 
have  jurisdiction.  The  county  court  of  quarter  sessions 
also  passes  sentences  for  terms  at  the  county  peniten- 


-'  Report  of  the  warden  Dec.  1,  1913.  Seventy  prisoners  •were  serving 
a  third  term;  fifty  a  fourth:  twenty-three  a  fifth:  and  one  a  twenty-fifth 
term. 

-'  The   estimated   revenue   to   the   penitentiary   from    labor    of   prisoners 
was  in   1913  reported  by  the  warden  as  follows: 
The   labor  performed   at   other   institutions   by   prisoners   was 

21,312   days   at   65c   a   day    $13,852 .  80 

There  were  1,060  pairs  of  shoes  soled  and  heeled  at  35c  pair.  371.00 
There   were   6,779    articles   of   clothing-   made   by   female    pris- 
oners  at   25c   each    1,694 .  75 

There   -were    24   varieties    of   vegetables    raised    the    estimated 

value    being     1,484.40 

There    were    3,357    yards    of    stone    quarried — the    estimated 

cost    being    2,685  .  60 

Total  earnings  for  the  year  ending  Dec.  1,   1913 S20,050.55 

The  freeholders  have  power  to  institute  industrial  work  for  the  pris- 
oners and  to  establish  by-laws,  regulations,  ordinances  for  the  govern- 
ing of  the  workhouse. 


(53) 


tiary.^^    A  list  of  the  crimes  for  which  prisoners  were 
sentenced  in  1913  is  presented  on  the  opposite  page. 

TUBERCULOSIS   HOSPITAL 

In  undertaking  to  provide  treatment  for  persons  af- 
flicted with  tuberculosis  the  county  has  added  a  function 
which  marks  a  later  development  in  local  administration. 
Cases  of  tuberculosis  were  formerly  found  quite  general- 
ly in  all  of  the  older  county  and  city  institutions.  They 
were  found  to  increase  in  the  city  hospitals  in  such  num- 
bers that  it  became  necessary  to  establish  a  special  insti- 
tution for  the  proper  care  of  tuberculous  persons  as  a 
separate  class  of  dependents.  Consequently  in  Hudson 
County  we  find  the  tuberculosis  hospital  taking  rank  as 
an  institution  along  with  the  older  charitable  and  cor- 
rectional institutions  of  the  county.'"* 

The  control  of  the  board  of  freeholders  over  the  tuber- 
culosis hospital  differs  from  that  of  the  other  institu- 
tions of  the  county,  in  that  a  separate  board  of  man- 
agers is  appointed  to  govern  it.  '^  The  managers  are  ap- 
pointed by  the  board  of  freeholders;  they  receive  no  sal- 
aries. The  managers  appoint  a  medical  director  for  the 
hospital  who  receives  a  salary  of  $4,000  a  year.  They  may 


-»  RECORD  OF  ONE  DAY'S  PROCEEDINGS  IN  COURT  OF  SEISSIONS: 
Fred  Bayer,  breaking  and  entering,  sentenced  for  one  year. 
WiUiam  Clements,  for  the  same  offense,  was  placed  on  probation.  Pat- 
rick McKenna,  for  robbery,  and  Cornelius  Short  for  breaking  and  enter- 
ing, were  each  sent  to  Rahway.  William  Friday  and  Anthony  Mueller, 
petit  larceny,  one  year.  Yahio  Galeb,  atrocious  assault  and  battery,  one 
year.  Arthur  McCulluch  and  Maurice  Macohino,  concealed  weapons, 
postponed  sentences.  Daniel  Matusio,  lewdness,  eiphteen  months 
August  Johnson,  assault  and  battery,  $50  fine.  Kennedy  McEwan,  utter- 
ing, postponed  sentence.  Fiank  Daly  and  James  Donahue,  breaking  and 
entering,  postponed  sentence.  Tony  Pelli  and  Carlo  Cardello,  concealed 
weapons,  $50  fine.  Victor  Rubich  and  Louis  Relnljardt,  for  robbery  and 
petit  larceny  repectlvely,  were  sent  to  Rahway  Reformatory.  Fred 
Hoyler,  atrocious  assault  and  battery,  postponed  sentence.  Frank 
Gustafeno,  disorderly  house,  six  months.  Donato  Viscarello,  concealed 
weapons,  $50  fine.  Frank  Llghton,  petit  larceny,  one  year.  Harry 
Maurer,  Frank  Schumacher  and  Albert  Hubert,  breaking,  entering  and 
larceny,   postponed   sentences. 

"New  Jersey  maintains  a  state  institution  for  tuberculosis  patients 
at  Glen  Gardner.  The  state  also  gives  financial  iis.slstance  to  the  coun- 
ties  which    have   local    institutions. 

"Laws  1912,  Chap.  217,  Section   1  and  2. 


(54) 


CRIMES  MA  LBS   F]5MAI>ES  TOTAL 

Abandonment     41        "  0  41 

Assault   and   Battery    52  I  53 

Assault    5  <i  6 

Assault    and    Battery — Atrocious    9  0  y 

Attempt    Escape    1  0  1 

Atrocious    Sodomy    1  0  1 

Bastardy    3  0  3 

Bigamy     5  0  5 

Breaking,    etc    (15  0  IE 

Breaking   and   Entering    ' 7  0  7 

Breaking,   Entering  and   Larceny    18  0  18 

Burglary     3  0  3 

Burglary    Tools     3  0  S 

Ponspiracy    0  1  1 

Carnal   Abuse    C  0  6 

Contempt    of    Court    1  0  1 

Concealed   Weapons    11  0  11 

Cruelty    to    Children    3  1  4 

Disorderly    House     1  1  2 

JDisorderly    Person     656  87  748 

Driving  Auto  Under   Influence   of  Liquor 10  1 

Desertion     12  0  12 

Embezzlement    3  0  3 

Entering    and    Larceny    6  0  6 

False    Pretenses    1  0  1 

Fornication    2  1  3 

Grand    Larceny    11  0  11 

Highway   Robbery    1  0  1 

Habitual   Drunkard    2  0  3 

Illegal    Registration    1  0  1 

Lewdness     1  0  1 

Malicious  Mischief    3  0  S 

Misdemeanor     1  0  1 

Neglect    of   Children    | .  .  I 11  4  15 

Neglect   of   Family    2  0  2 

Open   Le'wdness    1  0  1 

Non-Support    14  1  15 

Petit    Larceny    19  11  30 

Procuring    1  0  1 

Public    Indecency    1  0  1 

Receiving  Stolen  Goods    2  0  2 

Robbery    5  0  5 

Rape 1  0  1 

Seduction    2  0  i 

Sodomy    2  0  2 

Secreting  and   Destroying  Letters    1  0  1 

Violating    Parole     25  3  28 

Worthless    Checks    1  0  1 

974  111  ion 


(55) 


elect  from  their  own  members  a  president,  and  vice-pres- 
ident.    The  medical  director  acts  as  secretary-treasurer. 

If  any  conclusion  might  be  drawn  from  actual  ex- 
perience under  this  board,  as  contrasted  to  the  commit- 
tee system  of  administration  for  the  other  county  insti- 
tutions, it  should  be  that  the  non-salaried  board  is  the 
more  satisfactory.  The  board  of  managers  is  directly 
controlled  by  the  board  of  freeholders,  which  appoints 
it.  The  situation  is  thus  improved  over  that  of  the 
special  commissions  over  which  the  board  of  freeholders 
has  no  control. 

Besides  maintaining  an  institution  for  treating  incip- 
ient and  advanced  cases  of  tuberculosis,  the  board  of 
managers  also  maintains  an  elaborate  clinic  system 
throughout  the  county.  Attached  to  each  clinic  are  at- 
tending physicians  and  visiting  nurses.  These  clinics 
are  under  the  supervision  of  a  supervisor  of  clinics  who 
is  appointed  by  the  medical  director  with  the  approval 
of  the  board  of  managers.  The  clinic  nurses  are  under 
the  direction  of  a  superintendent  of  clinic  nurses;  this 
superintendent  is  also  appointed  by  the  medical  director 
with  the  approval  of  the  board  of  managers.^-  The 
clinic  system  is  a  result  of  the  recognition  now  current 
among  experts  that  the  work  of  tuberculosis  prevention 
is  a  local  health  matter  and  must  be  carried  into  the 
homes. 

The  S3^stem  of  admitting  patients  to  the  hospital  is 
centralized  in  the  medical  director,  who  may  also  exer- 
cise the  right  of  discharge.  The  system  of  admission  is 
governed  by  the  law  of  1912  which  provides  that  any- 
resident  in  the  county  may  apply  direct  to  the  superin- 
tendent of  the  hospital  or  to  the  clinics  for  admission, 


"In  describing:  the  dutie.'!  of  the  district  nurses,  In  a  paper  rend  before 
an  assoclatign  of  the  attondlnfr  physicians,  tlie  superintendent  of  clinic 
nurses  said:  "Well-trained  earnest  visiting  nurses  are  most  essential 
to  the  success  of  tuberculosis  dispensary  work.  The  sphere  of  the  nurse 
is  to  po  Into  each  home.  l)econne  acquainted  with  the  entire  household, 
win  the  family  confldtmce,  and  by  persistent  tact  and  pood  sense  she  Is 
often  able  to  completely  dianpe  the  family  habits.  She  not  only  tells 
her  charpes  of  the  benefits  of  fresh  air,  sunllpht,  and  cleanliness,  but 
studies  out   the   means  by   which   these  may   be  obtained." 


(56) 


and  if  it  appears  that  he  or  she  is  suffering  from  tuber- 
culosis, such  resident  may  l)e  admitted  free  of  charge  or 
on  a  weekly  pay  basis  to  be  determined  by  the  medical 
director,^^  For  every  indigent  patient  the  state  allows 
$3.00  a  week  for  his  board.  The  county,  however,  must 
bear  the  greater  part  of  the  expense  of  the  tuberculosis 
hospital  and  sanatorium. 

The  total  expenditures  for  the  year  1912-1913  were 
$114,687.21;  the  total  number  of  patients  treated  was 
610.  That  the  work  of  the  county  in  providing  a  mod- 
ern institution  of  this  kind  is  supported  by  the  public,  is 
entirely  justified  by  experience.  The  county  authorities 
have  received  cordial  support  from  the  medical  profes- 
sion and  the  public;  the  management  of  the  institution 
has  been  free  from  politics  of  the  inferior  sort.  In  the 
administration  of  the  tuberculosis  hospital  and  sana- 
torium, Hudson  Covmty  lias  taken  a  step  in  advance. ^^ 


"Laws   1912.   Ch.    27,   Sec.   5. 

'*  The  board  of  managers  makes  an  annual  report  at  the  end  of  each 
fiscal  year.  From  the  report  of  the  year  1912-1913  the  major  portion  of 
the  facts  herein  presented  have  been  taken. 


(57) 


CHAPTER  V 

FUNCTIONS    OF    THE    BOARD    OF    CHOSEN    P^REEHOLDERS. 
ADMINISTRATIVE    OFFICERS.! 

We  have  seen  how  the  board  of  freeholders  under  its 
committee  system  has  provided  for  the  administration  of 
the  several  county  buildings  and  institutions.  It  now  re- 
mains to  be  considered  how  other  functions  of  tiie  board 
are  performed  by  the  group  of  individual  administrative 
officers,  who  are  appointed  by  the  freeholders  and  who 
work  in  conjunction  with  the  several  branches  of  the 
county  administration.  First  among  these  is  the  county 
law  department.^ 

COUNTY    COUNSEL 

The  county  counsel,  assistant  county  counsel  and  the 
county  attorney  comprise  the  law  department;  their  sal- 
aries, respectively  are  $6,000,  $3,000  and  $2,500  a  year. 
The  head  of  the  department  is  the  county  counsel.  Each 
officer  is  appointed  by  the  board  of  freeholders  and  his 
salary  is  paid  by  the  freeholders  also.  They  are  individ- 
ually responsible  to  the  board  of  freeholders  and  their 
term  of  office  is  coterminous  with  the  life  of  that  board. 

As  a  result  of  this  individual  responsibility  there  is 
often  presented  the  situation  of  one  law  officer  advising 
publicly  one  course  of  action  and  his  associate  advising 
another.  Since  it  is  the  business  of  the  county  law  de- 
partment to  render  legal  advice  to  the  county  board  of 
freeholders  and  other  countv  officials  or  bodv  of  officials. 


•Laws   1900,   Ch.    89.   St-e.    6. 

*Speaklnpr  of  this  department  in  his  annual  nu-ssaKf.  .Taniiary  4,  1915. 
the  county  supervisor  said:  "We  have  an  expensive  law  department.  1 
■would  suKpest  that  your  board  direct  that  at  least  one  representative 
of  the  department  be  in  the  ofllce  from  9  a.  m.  until  4  p.  m.  every  day 
for  the  purpose  of  Klvinj?  such  advice  or  attending  to  any  le^al  matter 
which   any    of   the   county    boards   mliurht    require." 


(ns) 


i 


it  is  necessary  tliat  the  law  departirieDt  be  orj^anized 
along  lines  of  tlie  highest  efficiency;  and  that  there  be  no 
division  or  working  at  cross  purposes  among  them.''  The 
ideal  condition  would  be  to  make  the  office  of  assistant 
to  the  counsel,  appointive  by  the  county  counsel. 

The  county  counsel's  services  to  the  county  are  in 
some  respects  like  those  of  the  attorney  general  to  the 
state.  His  chief  duty  is  that  of  rendering  legal  advice  to 
the  government,  ^y  the  government  is  meant  the  free- 
holders, the  supervisor,  the  county  collector  and  in  gen- 
eral those  boards  and  commissions  which  have  matters 
of  policy  to  determine. 

Controversies  arising  between  different  administrative 
branches  are  referred  to  the  county  counsel  for  legal 
opinion.  The  opinion  of  the  county  counsel  takes  pre- 
cedence over  that  of  any  other  officer  appointed  by  the 
board  of  freeholders.  His  opinions  constitute  the  high- 
est administrative  authority  on  all  resolutions  and  or- 
dinances of  the  board  of  freeholders,  and  on  all  laws  per- 
taining to  county  government. 

Occasions  may  arise  where  there  is  a  disagreement  be- 
tween the  county  supervisor  and  the  board  of  freeholders 
which  will  require  the  legal  opinion  of  the  county  coun- 
sel. Here  again  it  may  be  noted  there  is  possibility  for 
one  part  of  the  law  department  to  side  with  one  author- 
ity and  another  ])art  to  uphold  the  view  of  the  other.  In 
practice,  however,  it  is  usually  the  case  that  the  law  de- 
partment favors  the  board  of  freeholders  in  any  such  con- 
troversy. The  explanation  is  that  the  freeholders  and 
not  the  chief  executive  make  the  appointments.  The 
county  law  department  is,  therefore,  more  directly  re- 
sponsible in  fact  to  the  board  of  freeholders  than  it  is  to 


'A  recent  example  of  such  division  in  the  la'w  department  was  pre- 
sented when  a  controversy  between  the  sheriff  and  the  county  collector 
arose  concerning  certain  fees  allowed  the  sheriff  for  boarding  prisoners. 
The  county  counsel  gave  his  opinion  upholding  the  collector,  but  the 
sheriff  secured  the  services  of  the  assistant  county  counsel  upholding? 
the  opposite  view.  "Immediately,"  says  the  Hudson  Observer,  editor- 
ially, "there  was  presented  the  spectacle  of  the  two  ends  of  the  law  de- 
partment arrayed  against  each  other  in  public,  if  not  in  the  courts." 
February  12,  1915. 


(59) 


the  supervisor.^  It  should  not  be  inferred  from  this  that 
the  supervisor  is  without  the  means  of  securing  legal 
advice.  The  counsel  is  often  called  upon  directly  by  the 
supervisor  to  render  an  opinion  on  some  matter  in  which 
the  chief  executive  is  called  upon  to  act,  or  again,  the 
supervisor  may  recommend  the  board  of  freeholders  to 
request  the  counsel  for  advice.  In  either  event  it  is  the 
duty  of  the  counsel  to  respond.  The  real  Y)omt  of  criti- 
cism is  that  the  counsel  is  an  appointee  of  the  freeholders 
and  not  of  the  supervisor,  and  as  such,  his  department 
does  not  always  work  in  harmony  with  the  chief  execu- 
tive officer  of  the  county. 

The  county  law  department  often  confers  and  repre- 
sents the  county  in  negotiating  with  the  several  railway 
and  electric  companies  which  make  use  of  the  county 
highways  and  bridges.  Since  these  lines  cross  over 
county  property,  it  becomes  necessary  to  arrange  and 
agree  upon  franchise  fees  in  all  such  cases.  The  county 
law  department  also  brings  suits  in  the  name  of  the 
county;  appears  in  court  in  all  suits  to  which  the  county 
may  be  plaintiff  or  defendant.  Legal  opinions  in  all  such 
matters,  including  the  amount  of  judgments  awarded  in 
some  cases,  also  the  amounts  compromised  in  otliers,  are 
all  reported  to  the  board  of  freeholders,  and  become  a 
part  of  their  minutes.-^ 

There  is  some  difficulty  in  giving  an  adequate  descrip- 
tion of  the  actual  services  performed  by  each  individual 
member  or  by  the  department  as  a  whole  for  the  reason 
that  no  annual  report  is  made  by  the  law  department 


*  An  illustration  was  piven  in  Decembei-,  1S14,  when  the  supervisor 
contended  that  certain  appointments  of  the  freeholders  wore  lllegral. 
Tn  this  instance  the  county  counsel  pave  an  opinion  directly  opposlngr 
that  of  the  chief  executive  of  the  county,  and  incidentally.  coinK  so  far 
as  to  declare  that  the  law  on  which  the  sui>ervlsor  placed  reliance,  prac- 
tically abolished  the  office  of  supervisor.  Jersey  Journal,  December 
■9.    1914. 

•  Important  legal  i>roceei1inss  are  included  in  the  minutes  of  tlie 
Ijoard   of  freeholders. 


(60) 


either  to  the  board  of  freeholders  or  to  the  supervisor.*^ 
However,  in  general  it  may  be  said  that  the  county  law 
department  submits  legal  opinions,  prepares  legal  pa- 
pers, institutes  actions  in  law  or  equity,  and  represents 
the  county  in  all  such  actions.  Individual  members  ap- 
pear also  for  the  county  in  civil  service  cases,  mandamus 
and  certiorari  proceedings,  render  opinions  in  salary  and 
wage  controversies,  in  questions  of  revenue  and  finance; 
and  act  in  all  other  legal  questions  arising  between  the 
county  and  other  units  of  government  in  the  state.  Fur- 
thermore the  counsel  frequently  prepares  bills  for  the 
legislature  which  pertain  to  needed  legislation;  he  exerts 
his  influence  against  legislation  which  is  against  the 
best  interests  of  the  county  government.  (xenerally 
speaking  his  department  is  one  of  the  most  important  in 
the  county. 

THE  COUNTY  PHYSICIAN 

In  the  office  of  county  physician  the  county  possesses 
an  official  which  performs  the  mixed  duties  of  a  county 
coroner,  an  expert  medical  examiner,  a  jail  physician, 
and  an  officer  of  the  poor."  The  county  physician  and  as- 
sistant county  physician  are  appointed  by  the  board  of 
chosen  freeholders  at  salaries,  respectively  of  $5,000  and 
$3,000  a  year.  Like  the  counsel,  superintendents,  and 
other  officers  of  the  board,  their  term  of  office  is  coterm- 
inous with  that  of  the  board  of  freeholders. 

It  is  the  statutory  duty  of  the  county  physician  to  in- 
vestigate all  violent,  sudden,  and  casual  deaths.  In  his 
brief  outline  of  the  government  of  the  countv  Mr.  Ed- 


'  In  1912  the  Corporation  Counsel  of  New  York  City  submitted  1,775 
written  opinions  for  Ihe  legal  advice  of  the  mayor  and  heads  of  depart- 
ments. The  department  examined  1,840  titles  to  property  ceded  to  the 
city  under  condemnation  proceeding's.  It  prepared  all  leases,  deeds,  con- 
tracts, bonds  and  other  legal  papers  of  the  city  making  a  total  of  5,545. 
Says  the  Municipal  Year  Book  for  1913,  "During  the  year  37,348  actions 
and  proceedings  were  commenced  and  39,417  terminated.  At  the  close 
of  1912  there  were  37,172  actions  and  proceedings  pending."  Page  148. 
This  is  an  illustration  of  how  concrete  facts  may  be  submitted  to  show 
the  actual  governmental  work  performed  by  the  legal  department. 

'  Coroners  in  New  Jersey  and  especially  in  those  counties  which  have 
developed  the  powers  of  the  county  physician,  have  been  reduced  to  a 
position   •which   is   subordinate   to  the   county   physician. 


(61) 


raund  Miller  has  said:  "If  there  are  no  suspicious  cir- 
cumstances connected  with  such  death,  he  issues  a  bur- 
ial permit.  If,  however,  there  is  reason  to  believe  that 
the  death  is  not  due  to  natural  causes  lie  calls  in  a  cor- 
oner, who  is  empowered  to  summon  a  jury  and  make  a 
thorough  inquiry  into  the  case.  The  county  physician 
performs  any  medical  examination  that  may  be  neces- 
sary in  connection  with  such  inquiry."*  In  1913  the  to- 
tal number  of  deaths  which  were  investigated  and  con- 
cerning which  records  were  filed,  was  1,248.  This  record 
is  incomplete  as  the  present  county  physician  thus  ex- 
plains: "As  we  have  no  facilities  for  keeping  all  records 
we  have  been  able  to  maintain  only  those  which  might 
become  of  use  in  cases  for  investigation  by  the  coroner's 
inquest,  the  grand  inquest,  or  for  the  use  of  the  courts. 
Therefore,  many  of  the  cases  of  death  from  natural 
i^auses  are  not  completely  recorded  and  filed  in  this 
office."^  The  complete  record  for  the  county  is  obtain- 
able at  the  office  of  the  state  board  of  health. 

It  is  relevant  in  speaking  of  the  duty  of  the  county 
physician  as  investigator  of  violent  and  sudden  deaths, 
to  call  attention  to  the  work  of  the  county  board  of 
health  and  vital  statistics.  This  board  consists  of  three 
members,  two  of  whom  are  appointed  by  the  board  of 
freeholders  and  one  of  whom  is  the  county  physician. 
The  chief  duty  of  this   board  is  to  compile    records  of 


•An  Outline  of  the  Government  of  Hudson  County,  a  twelve  page 
bulletin  of   the  Jersey  City   Free   Public  Library. 

•Report  to  the  supervisor  and  board  of  freeholders  Jan.,  1914.  The 
following  precept  is  used  by  the  county  physician  in  directing  a  coro- 
ner's Inquest: 

"I,  George  W.  King,  county  physician,  in  and  for  said  county,  havlngr 
made  all  proper  inquiry,  of  the  circumstances  attending  the  death  and  a 

careful    examination    of   the   body   of at and    It 

appearing   from   said    inquiry   and    examination    that    there    Is    cause    to 

.suspect  that  the  said came  to  death  by  murder,  manslaughter, 

or  by  contrivance,  aiding,  procuring  or  other  misconduct  of  some  per- 
.son  or  persons:  Do  hereby  request  that  Coroner Issue  his  pre- 
cept for  the  summoning  of  a  Jury  of  inquest  to  inquire  into  the  cause  of 
said  death,  and  that  he  proceed  thereon  according  to   law. 

"Given   under   my    hand    and   seal    this day    of A.    D.,    one 

•thousand  nine  hundred  and 


County  Physician. 


(62) 


births  and  deatlis  in  the  county/"  Through  his  connec- 
tion with  this  board  the  county  physician  may  keep  di- 
rectly in  touch  with  the  records  of  deaths  and  births. 
Suspicious  cases  may  be  reported  directly  by  him  to  the 
prosecutor.^  ^ 

Furthermore,  as  we  have  said,  the  county  physician 
acts  as  a  medical  expert  for  the  courts.  Although 
legally  the  court  of  common  pleas  acts  in  commitments 
to  the  county  insane  aslyum,  it  falls  on  the  county  phy- 
sician to  investigate  and  determine  all  cases  of  insanity 
before  formal  commitment  is  made.  Most  of  the  appli- 
cations are  by  persons  in  indigent  circumstances.  Many 
persons  so  admitted,  as  explained  in  the  preceding  chap- 
ter, are  able  to  contribute  something  towards  their  sup- 
port, and  the  exact  amount  must  be  determined  by  the 
court  after  preliminary  investigation  by  the  county 
physician.^2  Formerly  feeble  minded  persons  also  were 
examined  bj^  the  county  physician  for  admission  to  the 
county  institution  but  the  act  of  1913  now  directs  that  all 
feeble  minded  persons  be  sent  to  the  state  institution  for 
the  feeble  minded.  The  examining  work  for  such  cases 
of  feeblemindedness,  however,  still  remains  in  the  hands 
of  the  county  physician. 

It  should  be  noted  in  this  connection  that  the  county 
physician  has  come  to  serve  to  a  large  extent  as  an  ad- 
junct to  the  courts.  The  work  performed  for  the  courts 
in  1913  is  thus  described  in  the  report  of  Dr.  George  W. 


*»  In  practice  the  work  of  the  county  board  of  health  and  vital  statis- 
tics is  below  the  standard  of  efRciency,  partly  for  the  reason  that  the 
local  boards  of  health  in  the  several  municipalities  perform  the  same 
functions.  Several  attempts  have  been  made  to  abolish  the  county 
board  on  the  ground  that  it  is  unnecessary.  No  better  illustration 
could  prove  the  necessity  for  combining  the  work  of  local  boards  which 
perform  the  same  functions  into  one  central  board  for  the  entire 
county.     Supra.  Ch.   1. 

"  Formerly  coroners'  inquests  were  held  indiscriminately  at  much 
useless  expense  to  the  county.  Even  yet  the  system  permits  of  much 
looseness.  The  Short  Ballot  Association  of  New  York  has  suggested 
that  a  medical  director  be  appointed  by  the  prosecutor,  or  district  at- 
torney as  he  is  called  in  New  York,  and  that  the  present  office  of  cor- 
oner be  abolished. 

"In  1913  the  number  committed  through  the  county  physician's 
office  was  254.  Only  twelve  per  cent  of  this  number  represented  per- 
sons whose  parents  were  born  in  the  United  States. 


(63) 


King,  the  present  county  physician:  "Heretofore  in  all 
cases  of  homicide  or  other  crime,  where  the  question  of 
the  prisoner's  sanity  was  inquired  into,  the  county  was 
put  to  a  great  deal  of  expense  for  medical  expert  testi- 
mony for  the  purpose  of  determining  the  mental  status 
of  the  prisoner  in  question.  Now,  the  courts  have  asked 
us  to  investigate  all  such  cases  and  report  to  them.  Our 
work  has  been  satisfactory  to  them  and  has  resulted  in 
a  saving  to  the  county  of  thousands  of  dollars.  "^^ 

It  has  been  said  that  the  county  physician,  further- 
more, acts  as  a  jail  physician  for  the  county.  This  is  be- 
cause a  great  number  of  the  persons  sent  to  the  county 
jail  are  in  need  of  medical  attention;  the  assistant  coun- 
ty physician  is  required  to  give  the  greater  part  of  his 
time  to  the  care  of  jail  prisoners.  In  1913  there  were  ap- 
proximately 7,370  individual  jail  treatments  in  which 
nearly  one-half  were  of  a  surgical  nature. 

In  concluding  it  remains  to  consider  how  the  county 
physician  is  obliged  to  perform  functions  in  the  nature 
of  an  officer  of  the  poor.  First,  in  determining  the  status 
of  the  indigent  insane,  the  count}^  i:)hysician  acts  in  the 
same  relation  as  a  local  overseer  of  the  poor  in  com- 
mitting inmates  to  the  county  almshouse.  Secondly,  un- 
der the  act  of  1913,  Ihe  county  board  of  freeholders  are 
authorized  to  make  provision  in  any  hospital  located  in 
the  county  for  the  support  of  such  resident  indigent 
patients  as  are  unable  to  be  m.aintained  by  private  sup- 
port.^^  Provision  is  made  for  support  of  the  patient  in 
each  individual  case  "upon  ce7"tification  of  the  name  of 
the  individual  by  the  county  physician."  The  ceiiifica- 
tion  of  the  county  physician,  the  law  states,  "shall  l)e  ap- 
proved by  the  board  of  freeholders"  upon  presentation 
of  the  bill  for  the  support  of  such  indigent  patient.  It 
must  appear  in  the  certification  repoi't  of  the  county  l^hy- 
sician  that  the  patient  was  in  actual  need.  To  do  this 
work  of  investigation  satisfactorily  the  county  physician 


"Report  of  1913.  inlnutf>K  of  freeholders.  Jan.   1914. 
"Laws   1913,   Ch.    312. 


(64) 


is  in  need  of  facilities  in  addition  to  those  afforded  his 
office  at  the  present  time. 

The  office  of  county  physician  is  one  of  the  most  im- 
portant in  the  county  administration,  and  it  is  possible 
to  give  even  greater  range  to  his  authority  by  abolishing 
the  coroner  system  and  placing  the  powers  of  the  coro- 
ners in  the  one  administrative  department  of  the  county 
which  is  capable  of  giving  expert  medical  advice.  Were 
this  condition  to  be  brought  about  the  county  physician 
would  become  chiefly  an  adjunct  to  the  courts.  Under 
the  present  arrangement  the  office  of  county  physician 
is  directly  responsible  to  the  board  of  freeholders  due  to 
their  power  to  make  appointment.  The  functions  per- 
formed by  the  county  physician,  however,  as  we  have 
stated,  relate  very  closely  to  the  administrative  work  of 
the  courts,  and  are  not  so  intimately  connected  with  the 
administrative  work  of  the  board  of  freeholders.  The 
county  physician  should  bo  appointed  by  the  court. 

COUNTY  ENGINEER 

The  highways  and  bridges  of  the  county  are  controlled 
by  the  board  of  freeholders  and  placed  under  the  admin- 
istrative control  of  the  county  engineer.^^  The  county 
engineer  is  appointed  by  the  board  of  freeholders  at  a 
salary  of  $5,000  a  year  and  holds  office  for  a  term  of  five 
years.  He  may  be  removed  by  the  board  of  freeholders 
for  incompetency  after  proper  hearing  and  satisfactory 
proof  of  the  charges.  It  is  provided  by  law,  however, 
that  the  county  engineer  "shall  have  the  right  to  appeal 
to  the  state  highway  commissioner  for  hearing,  review 
or  final  adjudication  from  any  order  of  dismissal,  within 
fifteen  days  of  the  adoption  thereof."^''  The  office  of 
county  engineer  is  run  at  an  annual  expense  to  the 
county  of  about  $13,000.  Altogether  the  county  main- 
tains about  twenty-three  miles  of  highways,  and  four- 
teen bridges  over  the  larger  bodies  of  water,  canals,  etc.; 


''Laws   1912,   Ch.   395,   p.   809. 

"Ibid.      The    Hudson    County    Boulevard,    19     miles,    is    not    under     the 
board  of  freeholders  and  therefore  is  not  included  in  the  total  mileage. 


(65) 


besides  tliosc  there  are  numerous  smaller  bridges  in  var- 
ious parts  of  tli<;  county. 

The  county  engineer  works  in  conjunction  with  the 
committee  on  roads  and  the  committee  on  bridges.'"Form- 
erly  the  county  was  witliout  tlie  regular  services  of  any 
one  engineer.  It  was  the  former  practice,  therefore,  for 
the  committees  of  the  board  of  freeholders  to  engage  out- 
side engineers  on  the  fee  basis.  Altogether  there  were 
ten  committees  which  could  seek  the  assistance  of  an 
engineer.  ^'^  Mr.  Cameron  tells  us  that  the  total  ex- 
penditure for  engineering  services  for  a  ]ieriod  of  six 
years  ending  December,  1911,  amounted  in  the  aggregate 
to  $287,305.60.  Without  attempting  to  give  exact  fig- 
ures, it  would  seem,  considering  the  reduced  expense  of 
the  present  office  of  county  engineer,  that  the  saving  to 
the  county  in  the  length  of  time  referred  to  would  have 
been  very  great. '^ 

Altogether  the  county's  investment  in  its  roads  and 
bridges,  excluding  the  Hudson  County  Boulevard,  is 
about  $3,204,000.00.^"  The  annual  expense  to  the  county 
for  their  maintenance  is  about  $151,000.  Until  the  state 
road  and  highway  department  was  created  the  counties 
were  required  to  pay  for  and  build  their  own  roads.  The 
act  of  1912,  however,  |)rovides  for  a  state  supervision  and 
control  over  road  construction  in  the  several  counties 
throughout  the  state.    The  board  of  freeholders  of  each 


"A  county  superintendent  of  bridg'es  was  created  by  the  board  of 
freeholders  in  Dec,  1914.  to  act  in  conjunction  with  the  committee  on 
Ibridges. 

*"  Cameron  Report,  p.  75,  for  a  full  discussion  of  the  cost  of  the  en- 
Cfneeringr  .service.s. 

*•  A  further  aavlnpr.  to  the  county  mipht  be  made  by  the  transfer  of 
the  duties  of  tl*B  boulevard  com-mission  engineer  to  the  county  engineer. 
In  this  connection  the  following;,  resolution  was  adopted  at  the  meeting 
•f  the  board  of  freeholder.s,  Dec,  1914:  RESOLVED:  "That  the  cleric  of 
the  Board  of  Preeh»J(Jers  be  directed  to  inform  the  Board  of  Boulevard 
Commissioner.s  of  this  county  tliat  tliis  board  has  a  competent  engineer- 
fng  department  and  that  whenever  tlie  Boulevard  Commissioners  re- 
qaire  any  engineering  worl<  to  be  done,  that  they  call  upon  the  en- 
irlneerlng  department  of  thi.s  board,  which  Is  always  at  their  service, 
finstead  of  employing  outside  engineers  and  Incurring  large  and  unnec- 
««sary  expense  for  that   purpose." 

"Estimate  In  the  report  of  the  county  supervisor.  Jan.  4.  1914.  See 
tlM4-15  budget  for  highway  and  bridge  expense. 


(66) 


«f,ounty,  on  initiating  any  road  improvements  within  the 
limits  of  the  county,  first  directs  the  county  engineer  to 
prepare  plans  for  tlieir  approval;  then  the  board  must  pre- 
pare contracts  and  si)ecifications,  advertise  for  bids,  and 
subsequently  enter  into  a  contract  with  the  party  se- 
lected from  among  the  bidders.  However,  it  is  provided 
that  no  work  can  be  commenced  until  the  plans  and  speci- 
fications have  been  approved  by  the  state  road  commis- 
sioner; this  officer  may  reject  any  such  plans  and  speci- 
fications. The  board  of  freeholders  may  not  proceed 
within  four  months  after  such  rejection  with  the  work 
of  road  reconstruction  as  contemplated. 

Thus  the  state  road  commissioner  is  given  the  power 
to  hold  up  unsatisfactory  highway  construction  in  the 
several  counties  of  the  state,  and  the  highway  policy  in 
each  county  is  kept  in  line  with  a  general  plan  of  road 
and  highway  construction  by  and  for  the  state.  The 
state's  share  of  the  expense  of  any  improvement  is  forty 
per  cent  of  the  total  estimated  cost;  the  county's  share 
is  sixty  per  cent.  The  state  maintains  a  board  of  road 
inspectors  whose  duty  is  to  inspect  from  time  to  time 
the  roads  under  state  supervision;  besides  this,  a  sep- 
arate committee  on  roads  acts  as  an  admijjistrative  com- 
mission for  the  board  of  freeholders. 

The  maintenance  of  the  county  bridges  also  involves  a 
great  amount  of  supervision  and  the  county  engineer  is 
directly  responsible  to  the  freeholders  for  this  work.  All 
bridges  must  be  kept  in  first  class  condition.  The  life 
of  the  bridges  may  be  lengthened  by  proper  care  and  it 
is  necessary  that  they  be  painted  at  regular  intervals. 
The  larger  bridges  are  operated  by  bridge  attendants; 
these  employees  are  appointed  by  the  board  of  free- 
holders and  directed  by  the  county  engineer  in  conjunc- 
tion with  the  committee  on  bridges.  Daily  reports  of 
the  bridge  superintendents  are  required  to  be  filed  with 
the  official  records  of  the  engineer.  A  thorough  inspec- 
tion is  thus  maintained  by  the  county.^^ 


"A  special  appropriation  by  the  board  of  freeholders  was  made  In 
Feb.  1915,  to  Join  with  the  remaining  four  Hudson  River  counties  in 
makingr  preliminary  survey  for  a  Hudson  River  bridge  and  tunnel. 


(67) 


COUNTY   OVERSEER  AND   MECHANICS 

The  county  overseer  deserves  mention  only  as  the  di- 
recting head  or  foreman  of  the  bureau  of  county  me- 
chanics. This  bureau  is  composed  of  carpenters,  masons^ 
painters,  quarrymeu,  bakers,  helpers  and  bookbinders. 
They  are  not  attached  to  any  one  of  the  several  institu- 
tions but  are  required  to  do  odd  jobs  of  repair  and  con- 
struction in  connection  with  all  of  the  county's  buildings. 
The  county  overseer  is  charged  with  the  custody  of  all 
supplies  and  materials  required  for  use  at  the  several  in- 
stitutions and  at  the  countj^  farm.^^  The  resolution  gov- 
erning his  appointment  provides  that,  "the  county  over- 
seer have  the  supervision  of  the  store  house  and  county 
stables,  as  well  as  the  employees  thereof,  and  also  be 
chargeable  with  the  custody  of  all  supplies  not  properly 
a  charge  against  any  one  institution  at  the  county  farm, 
and  perform  such  other  duties  as  may  be  ordered  from 
time  to  time  by  this  board  or  its  appropriate  commit- 
tees."^^ The  county  overseer  receives  a  salary  of 
$1,560  a  year. 

The  expense  to  the  county  of  the  bureau  of  county 
mechanics  is  about  $45,000  a  year,  exclusive  of  supplies. 
While  the  fact  is  recognized  that  a  l)ureau  of  this  kind 
is  necessary  in  keeping  the  several  institutions  in  good 
condition,  the  duties  that  tlie  "mechanics"  ]ierform  are 
likely  to  be  of  such  inferior  kind  as  would  justify  tin*  em- 
ployment of  the  county  prisoners  at  the  penitentiary.  Tn 
the  past  it  has  been  the  custom  for  the  county  to  contract 
for  much  of  the  higher  grade  repair  work  at  the  institu- 
tions. This  would  seem  to  be  an  unnecessary  expense  to 
the  county  if  a  bureau  for  that  \ery  ))urpose  is  main- 
tained by  the  county. 

A  step  toward  the  reorganization  of  the  count v  me- 


"The  county  Institutions  are  situated  on  a  hi^Ii  plot  of  Rround  at  the 
outskirts  of  Jersey  City  known  as  Snake  Hill.  (See  Trvins's  Knicker- 
bocker,   Bk.    II,   Ch.    2). 

"Minutes,  board  of  freeholders,  Feb.  13.  1913,  p.  32.  The  storehouse 
Is  used  as  a  warehouse  for  supplies  used  at  the  county  Institutions.  The 
county  stables  which  are  also  under  the  supervision  of  the  overseer  are 
used    to    keep   twenty-five    horses    belonKing    to    the    county. 


(68) 


chanies  has  been  taken  recently;  and  the  county  super- 
visor has  signified  his  intention  of  reorganizing  the  force 
of  the  county  mechanics,  eliminating  as  far  as  possible 
the  expense  of  contracting  for  repair  work.^^  Other 
recommendations  relative  to  the  expensive  mechanics 
department  have  been  made  from  time  to  time.  Mr. 
Cameron  in  his  report  advised  that  the  county  overseer 
be  required  to  make  detailed  ''statements  showing  the 
number  of  days'  services  for  which  claims  have  been  ap- 
proved respecting  each  mechanic,  the  nature  of  the 
work,  and  the  institution  against  which  the  charge 
should  be  made."  In  accordance  with  this  suggestion 
Supervisor  O'Mealia  required  a  detailed  statement  of 
the  actual  services  performed  by  the  county  mechanics 
during  his  term  of  office.  The  chief  criticism  of  the 
present  system,  therefore,  would  seem  to  be  that  the 
bureau  is  not  efficiently  organized,  and  that  a  plan  some- 
thing like  that  in  use  by  Cook  County,  Illinois,  would  be 
the  best  substitute  for  the  present  irresponsible  system. 
In  that  county  numerous  mechanics  are  employed  from 
time  to  time,  but  the  individual  mechanics  are  paid  by 
the  hour  or  day.  This  arrangement  seems  to  be  more 
business-like  and  should  tend  toward  a  higher  efficiency 
than  the  present  system. ^^ 

COUNTY  INVESTIGATOR 

The  board  of  freeholders  employs  an  agent  to  investi- 
gate the  financial  circumstances  of  those  persons  or  the 
relatives  of  those  who  apply  for  admittance  to  the  coun- 
ty almshouse,  insane  asylum  and  tuberculosis  hospital; 


=*  Minutes  of  the  board   of  freeholders.   Feb.   1915. 

2^  The  board  of  freeholders  in  March,  1915,  created  the  position  of 
superintendent  of  public  work.s  at  a  salary  of  $2,000  a  year.  The  duties 
of  this  officer  are  "to  supr-rvise  the  erection,  alteration  and  repairing' 
of  all  buildings  under  the  control  of  this  board,  and  the  laying  out, 
altering,  repairing-  and  keeping  in  order  of  all  grounds  under  the  con- 
trol of  this  board."  The  new  superintendent  must  also  "supervise  and 
overlook  the  work  performed  by  the  county  mechanics  as  well  as  the 
work  performed  by  any  person  or  persons  not  under  the  jurisdiction  of 
the  warden  or  other  head  of  any  institution  or  department,  keeping  an 
accurate  record  of  the  performance  of  all  such  work,  daily  and  monthly 
repoctlng-- thereon  as  m-ay  be  ordered  or  required  by  this  board."  (Reso- 
lution,  Mar.    11,    1915,    iMinutes    Freeholders.) 

(69) 


this  officer  is  known  as  the  county  investigator.  He  is 
appointed  by  the  board  and  receives  a  salary  of  $2,500  a 
year.  The  duties  of  the  county  investigator  are  to  in- 
vestigate the  family  connections  of  all  applicants  for 
poor  relief  for  the  county  and  to  advise  the  courts  and 
county  physician  of  the  results  of  this  investigation.  Un- 
der former  administrations  it  was  required  of  the  county 
investigator  to  make  collections  monthly  from  those  who 
were  able  to  pay  for  the  support  of  relatives.  This 
method  having  proved  unsatisfactory  the  system  was 
changed  to  the  present  one;  now  the  resjwnsibility  for 
such  collections  falls  upon  the  heads  of  the  institutions. 
The  county  investigator  merely  reports  the  results  of 
his  investigations. 

It  may  be  said  that  the  work  of  investigating  for  the 
various  county  institutions  is  inadequately  performed  at 
the  j)resent  time.  With  the  increasing  demands  made 
upon  the  county  for  charity  and  relief  there  is  need  for 
a  special  department  of  investigation  so  as  to  provide 
honest  administration  of  the  poor  laws. 

CONCLUSION 

Only  the  more  important  officers, of  the  board  have 
been  treated  in  the  present  chapter.  Besides  the  admin- 
istrative officers  whose  duties  have  thus  been  described 
there  are  several  minor  officials  who  are  appointed  and 
whose  salaries  are  fixed  by  the  board  of  freeholders. 
From  the  above  it  is  worthy  of  note  that  the  so  called 
"heads  of  departments"  are  not  actually  heads  after  all, 
since  their  assistants  and  subordinate  officers  are  not 
appointed  by  them.  Instead  these  a]ipointments  arc: 
made  by  the  board  of  freeholders.  Such  lack  of  a  ]u-oper 
organization  of  the  administrative  departments  does  not 
bring  the  best  results  chiefly  for  the  reason  that  it  does 
not  induce  subordinates  to  feel  their  responsibility  to 
the  head  of  their  respective  departments.  Too  many 
subordinates  in  any  department  are  as  reprehensible  a 
condition  as  too  few.  The  head  of  each  de{)artment 
should  be  given  the  right  of  appointment  and  removal, 
and  should  be  held  responsible  for  tlu^  appointment  and 
the  conduct  of  those  who  are  subordinate  to  him. 

(70) 


CHAPTER  VI 

THE    COUNTY— STATE    ADMINISTRATION 

The  present  chapter  bears  the  caption  which  best  d(v 
scribes,  perhaps,  the  several  important  boards  and  com- 
missions wliich  constitute  independent  }>arts  of  the  gov- 
ernment of  Hudson  County.  Tliese  boards  are  the  Boule- 
vard Commission,  the  Park  Commission,  tlie  Mosquito 
Extermination  Commission,  the  Board  of  Elections  and 
the  Board  of  Taxation.^  The  first  three  of  these  boards 
perform  functions  wliich  the  state  has  not  seen  fit  to  take 
completely  from  the  county,  but  which  it  has  separated 
from  the  administrative  control,  at  least,  of  the  board  of 
freeholders.  The  latter  two  boards  perfonn  functions 
which  the  state  does  not  leave  entirely  to  the  charge  of 
the  local  county  authorities  but  which  it  places  in  the 
charge  of  appointive  officials  who  are  responsible  to  the 
state  alone.    These  boards  will  be  considered  separately. 

THE  BOULEVARD  COMMISSION 

The  Hudson  County  Boulevard  Commission  is  com- 
posed of  three  members  who  are  elected  at  large  and 
who  serve  for  three  years.  The  commissioners  re- 
ceive a  salary  of  $1,500  a  year;  the  president  and  secre- 
tary of  the  comTTiission  each  receive  an  additional  $250.* 


*  The  Parental  School  Cornmissipn  also  is  a  separate  bedv.  It  is  com- 
posed of  five  persons  who  are  appointed  by  the  judges  of  the  court  of 
common  pleas  with  the  approval  of  the  board  of  freeholders.  Under  the 
provisions  of  an  act  passed  in  1912  by  the  legislature  this  board  may 
"acquire  land  and  erect  buildings  suitable  for  the  detention  of  all  per- 
sons, male  or  female,  under  the  age  of  eighteen  years,  who  may  have 
been  adjudged  juvenile  delinquents  by  the  courts  for  the  trial  of  juv- 
anile  offenders,  or  w^ho  may  have  been  convicted  of  violating  any  crim- 
inal statute  or  who  /nay  be  detained  as  a  witness  in  any  criminal  pros- 
ecution, or  who  may  be  under  commitment  for  appearance  in  the 
juvenile  court  pending  final  hearing  of  any  pending  cause."  The  county 
has  already   purchased   a   site  for   the   new    parental   school. 

» Full  details  with  regard  to  the  finances  of  the  Boulevard  Commis- 
sion are  to  be  found  in  a  report  of  Engineer  Whittemore  which  is  in- 
eluded  with  the  Cameron  Report  to  the  Supreme  Court  Justice,  p. 
176-226. 


(71) 


The  total  annual  salary  and  wage  expense  under  the  con- 
trol of  the  eomiriission  is  al)out  $110,000,  and  tlie  total 
annual  expense  for  maintenance  of  tlie  Boulevard  is 
about  $176,000.  The  three  members  of  the  commission 
are  elected  at  the  same  election  under  an  act  which  pro- 
vides that,  "in  order  to  secure  minority  representation 
on  said  board,  no  voter  shall  at  any  election  vote  upon 
his  ballot  for  more  than  two  commissioners  of  such 
board,  and  upon  the  canvass  of  tlie  election  the  three 
persons  receiving  the  highest  number  of  votes  shall  be 
declared  elected."^  This  permits  voters  of  the  minor 
party  to  select  one  out  of  the  three  members  elected. 

The  Hudson  County  Boulevard  was  built  by  the  board 
of  freeholders  under  the  |)rovision  of  an  act  of  1888.* 
From  that  time  until  1898  the  boulevard  was  controlled 
by  the  board  of  freeholders.  As  stated  in  the  report  of 
engineer  Whittemore,  "The  maintenance,  lighting,  re- 
pair and  control  of  the  ])oulevard  was  under  the  author- 
ity of  the  board  of  chosen  freeholders  until  the  year  1898 
when  the  legislature  passed  an  act  as  a  supplement  to  the 

act  of  1888 under  the  authority  of  which  there  was 

created  a  board  of  boulevard  commissioners All  the 

duties  which  by    the  act  of    1888 devolve  on    the 

board  of  chosen  freeholders  touching  the  maintenance, 
lighting,  repair  or  control  of  these  roads,  devolve  ex- 
clusively ui)on  the  boulevard  commissioners;  all  permits 
to  open  roads,  disturb  the  surface,  or  to  lay  sewers,  drain, 
water,  gas  or  other  j^ipes  therein,  shall  be  granted,  all 


'Laws  1898,  Ch.  106,  Sec.  3.  This  feature  of  the  act  has  been  attacked 
on  the  grounds  of  its  alleged  unconstitutionality.  As  yet  no  attorney 
general  of  the  .state  has  consented  to  the  institution  of  certiorari  pro- 
ceedings to  test  the  legality  of  this  board.  His  consent  must  be  ob- 
tained before  such  proceedings  can  be  utilized.  In  refusing  consent  on 
two  occasions  the  attorney  general  has  raised  the  objection  that  the 
board  should  be  continued  in  office  chiefly  because  its  abolition  would 
invalidate  outstanding  bond  issues.  This  objection  Is  met  by  the  con- 
tention that  the  board  of  freeholders  issues  all  the  bonds  and  that  the 
abolition  of  the  Boulevard  Commission  would  in  no  way  affect  the 
validity  of  the  bonds  already  issued  and  outstanding. 

*This  highway  extends  from  one  end  of  the  county  to  the  other.  It 
connects  the  municipalities  of  Bayonne.  Jersey  City.  West  Hoboken, 
Union.  West  New  York,  North  Bergen,  Guftenberg.  Weehawken,  and 
Hobokan.     It   was  formed  by  Joining  and    widening  several  highways. 


(72) 


I 


■ordinances  for  the  rejj;ulation  or  use  of  these  roads  shall 
be  passed  by  the  Boulevard  Commissioners,  and  not  by 
tlie  board  of  chosen  freeholders."^ 

The  Boulevard  Commission  performs  numerous  func- 
tions in  connection  with  the  maintenance  of  this  high- 
way. In  several  matters  its  services  may  be  compared 
to  those  of  a  municipality.  The  boulevard  commission 
has  the  right  to  maintain  a  separate  police  force,  to  own 
and  operate  a  separate  electric  lighting  plant,  to  employ 
its  own  cleaning  and  repairing  force,  to  act  in  other  ways 
entirely  separate  from  the  county  road  and  highway 
system  and  independent  of  the  street  departments  of 
those  municipalities  through  which  the  road  lies.^'  The 
houlevard  presents  another  illustration  of  the  duplica- 
tion of  municipal  functions  to  be  found  in  the  county, 
and  adds  weight  to  the  argument  for  eventual  consoli- 
dation of  municipal  and  county  functions. 

All  funds  for  boulevard  maintenance  and  repairs  must 
be  provided  by  the  board  of  freeholders  and  included  in 
the  annual  tax  budget;  this  appropriation  is  mandatory 
on  the  board  of  freeholders.'''  The  fund  appropriated  re- 
mains in  the  hands  of  the  county  collector;  warrants  on 
the  collector  are  signed  by  the  j^resident  and  secretary 
of  the  commission. 

Besides  supplying  maintenance  funds  for  the  commis- 
sion, the  board  of  freeholders  is  authorized  to  issue 
thirty-year  bonds  on  the  order  of  the  boulevard  commis- 
sion for  the  purpose  of  repairs,  resurfacing,  leaving  etc.^ 
The  total  cost  of  sucli  work  shall  not  at  any  time  exceed 
two-tenths  of  one  jjer  cent  of  the  total  county  ratables 
assessed  for  county  purposes  in  the  year  in  which  the 
last  work    authorized    by    the  act    shall  be  completed. 


"Cameron,   p.   176-7. 

^  It  is  interesting-  to  compare  the  management  of  the  boulevard  under 
the  special  commission  plan  with  the  committee  system  of  the  board  of 
freeholders.  In  practice  there  is  no  superiority  in  the  present  manage- 
ment of  the  boulevard  to  that  of  other  county  properties  which  are  un- 
der the  administrative  control  of  the  committees  of  the  board  of 
freeholders. 

'Act  1808,   Ch.   106,   Sec.   4. 

'Act  1908,   Oh.   69. 


(73) 


Thus  the  total  amount  of  bonds  which  may  be  issued  for 
boulevard  ''repairs''  may  be  increased  with  every  jump 
in  the  county's  tax  ratables." 

All  contracts  for  repairs  and  repaving  are  let  hy 
the  boulevard  commission.  They  ma}^  prepare  contract^; 
and  specifications  and  advertise  directly  for  bids,  and 
may  furthermore  employ  a  se])arate  engineer.  The 
county  counsel  acts  as  counsel  for  the  bouh'vard  commis- 
sion. Due  to  the  fact  that  the  board  of  freeholders  con- 
trols all  other  county  roads  the  abolition  of  the  commis- 
sion has  been  advocated  on  the  ground  of  uselessness 
and  extravagance.^"  The  opposing  argument  is  that  the 
abolition  of  the  board,  itself,  would  not  result  in  any 
great  saving  to  the  county  beyond  what  might  be  saved 
from  the  salaries  of  the  commissioners.  This  would  not 
include  a  reduction  in  the  number  of  employees,  even 
though  the  road  were  placed  under  the  control  of  the 
board  of  freeholders,  it  is  argued.  The  question  calls  for 
a  careful  survey  of  the  cost  of  maintenance  of  the  road 
and  highway  systems,  of  the  municipalities  and  of  the 
county.^^  In  this  way  cost  units  may  be  determined  for 
the  entire  county  and  other  necessary  data  obtained.  A 
bill  was  introduced  in  the  legislature  in  1915  to  abolish 
the  boulevard  commission  and  transfer  its  functions  to 
the  Hudson  County  Park  Commission.  Several  strong 
arguments  were  advanced  in  favor  of  this  bill,  but  the 
measure  failed  to  pass. 

PARK  COMMISSION 

The  Hudson  County  Park  Commission  is  an  incorpor- 
ated body  which  is  com])osed  of  four  members  who  are 
appointed  by  the  judge  of  the  court  of  common  pleas. 


•For  example  the  county  ratables  were  $527,948,180.00  In  1913.  thus 
placing  a  limit  of  $1,055,896.00  on   the   bonds. 

"The  Citizens'  Federation  has  consistently  advocated  the  abolition  at 
this  board. 

"The  most  complete  report  on  the  Boulevard  is  the  Whittemore  re- 
port which  was  made  in  1911  and  which  is  now  somewhat  out  of  date. 
The  report  of  the  prand  Jury  in  April,  1915,  contains  much  interestintr 
information  relative  to  the  cost  of  this  hlfjhway.  A  reply  to  the  Krand 
Jury  report  was  prepared  by  the  commission  and  published  April  6,  1916. 
This  was  followed  by  a  more  elaborate  report  of  the  grand  Jury 
April   11th. 


(74) 


The  commissionors  eaith  serve;  for  a  term  of  four  years; 
one  member  is  appointed  each  year.  They  reeeive  a  sal- 
ary of  $1,500  a  year.  The  total  salary  aud  wage  expense 
under  the  control  of  the  commission  is  about  $81,750  a 
year,  and  the  annual  maintenance  expense,  including  this 
amount,  is  $100,000.^-  The  total  area  of  the  present 
county  park  system  is  about  507  acres;  this  acreage  is 
distributed  among  five  parks  situated  in  different  parts 
of  the  county.  The  Hudson  County  Boulevard  is  the 
connecting  link  between  the  county  })arks  in  the  northern 
and  southern  parts  of  the  county.  Like  the  Boulevard 
Commission,  the  Park  Commission  may  perform  its  func- 
tions without  interference  by  the  freeholders.  It  elects- 
a  president,  vice-president,  treasurer  from  its  own  mem- 
bership and  may  appoint  and  fix  the  salaries  respectively 
of  a  secretary,  counsel,  landscape  architect,  and  superin- 
tendent.^^ The  commission  may  contract  for  all  labor 
and  may  pass  resolutions  in  determining  the  duties  of  all 
its  employees  and  make  all  necessary  regulations  for  the 
services  to  be  performed.^"* 

The  powers  of  the  commission  in  acquiring  land  for 
park  purposes  are  very  extensive.  The  act  provides  that 
the  commission  "shall  have  power  to  acquire,  main- 
tain, and  make  available  to  the  inhabitants and  to 

the  jDublic,  parks  and  open  spaces  for  public  resort  and 
recreation,  and  shall  have  power  to  locate  within  the 
limits  of  said  county  such  parks  and  places;  and  for 
these  purposes  shall  have  yjower  to  take  in  fee  or  other- 
wise, by  purchase,  gift,  devise  or  eminent  domain,  lands 
and  rights  in  lands  for  public  parks  and  open  spaces 
within  said  county."^'    Under  the  provisions  of  this  act 


"Appropriations  for   1014-1&15. 

"Laws   1902,   p.   811. 

"Sec.  15,  of  the  act  of  1902,  provides  that  "every  such  board  shall 
make    rules    and    regulations    for    the    government    and    use    of    all    such 

parks and  to  enforce  the  same  by  prescribing  and  affixing  for  th« 

violation  thereof  suitable  penalties,  not  exceeding  fifty  dollars  for  eacb 
oftense." 

"Act   1902,   Ch.    p.    Sll,   Sec.    4. 


(75) 


the  present  county  pnrk  lands  Lave  been  purchased  or 
acquired.^*' 

All  funds  for  the  maintenance    and  the  purchase    of 
county  i^arks  are  provided  by  the  board  of  freeholders; 
the  park  commission  exercises  the  exclusive  right  to  dis- 
burse the  money  so  received.    The  board  of  freeholders 
is  compelled  by  law  to  borrow  money  on  the  credit  of 
the  county  *'to  a  sum,  in  the  aggregate  not  exceeding 
one  per  centum  of  tlie  assessed  value  of  all  the  property, 
real  and  personal,  in  said  county  liable  to  taxation  for 
county  purposes."^" 
The  park  commission  must  make  requisition  on  the  free- 
liolders  for  the  amount  necessary  to  be  raised  and  each 
requisition  so  ordered  is  mandatory  on  that  body.  In  prac- 
tice the  board  of  freeholders  has,  as  a  rule,  delayed  to 
make    appropriations    promptly'    upon    the    request  of 
the    park    commission.       This     is    because     the     com- 
mission     has     been     in      the     liabit     of      asking     for 
sums    in    excess    of    what    seemed    necessary    for    the 
immediate     occasion.'"^       This     course     of     action     on 
the     part     of    the     park     commission     was     explained 
in  1911  by  their  counsel  with  the  statement  that  since 
the  commission  ''had  been  subjected  to  some  delays  upon 
the  occasion  of  prior  requisitions  for  moneys,  they  felt 
that  they  could  not  make  a  conti-act  for  any  substantial 
l)iece  of  land  until  they  were  in  a  position  to  know  that 
they  would  have  the  funds  to  carry  out  e^'ery  part  of  the 
contract.  "^^    At  the  present  time  the  park  conunission 
may  yet  issue  .^2,147,487.91  in  bonds  before  it  reaches 


'"The  outstanding  park  bonds  Nov.  SO.  1914.  were  $3,240,000.00  with  a 
balance  in  bank  of  $192,500.48.  See  oounty  collectors  report  1914.  p. 
73  and   49. 

"Act  1902,  Sec.  12,  p.  811.  This  act  would  at  the  present  time  permit 
a   total   bonded   debt   for   park    purposes   of    $5,387,487.91. 

"In  an  opinion  December  11.  1913,  the  county  counsel  said:  "I  do  not 
think  that  the  park  commission  can  ask  at  any  time  for  the  issue  of 
bonds  in  excess  of  their  actual  needs  within  a  reasonable  time  there- 
after. I  think  that  they  should  ask  from  time  to  time  for  only  so 
much  as  they  actually  need  at  that  time,  or  will  need  within  a  reason- 
able time  thereafter  and  thereby  relieve  the  county  from  paying-  inter- 
«-3t  on  moneys  which  may  not  be  used  for  a  lonp  time  thereafter." 
Minutes    Dec.    11,    1913. 

'"This  statement  is  quoti'«l   from   tlie  Cameron   report,  p.   140. 

(TO) 


the  limit  placed  on  the  total  amount  of  bonds  which  the 
law  of  1902  authorizes  for  park  purposes. 

MOSQUITO   COMMISSION 

strictly  speaking  the  work  of  exterminating  mosquitoes 
in  New  Jersey  is  a  health  problem;  formerly  it  was  in- 
cluded as  a  part  of  the  duties  under  the  local  boards  of 
health.  The  legislature  of  1912,  however,  made  pro- 
vision for  the  appointment,  in  each  of  the  five  counties 
in  the  northern  part  of  the  state,  of  a  special  mosquito 
extermination  commission,  each  of  which  was  to  be 
afliliated  with  the  State  Agricultural  Experiment  Station 
in  the  work  of  mosquito  extermination.^''  For  several 
years  the  state  of  New  Jersey  has  made  appropriations 
on  a  small  scale  for  mosquito  extermination  work.  The 
progress  of  the  work  resulted  in  the  movement  to  include 
the  counties  of  Hudson,  Essex,  Bergen,  Passaic  and 
Union. 2^ 

In  these  counties  the  law  provides  that  the  money  nec- 
essary to  maintain  the  mosquito  extermination  commis- 
sion shall  be  ap[)ropriated  by  the  board  of  freeholders, 
and  shall  be  paid  from  time  to  time  to  the  mosquito  com- 
mission on  its  rtfiuisition.-^  It  is  also  stated  in  the  act 
that,  in  no  one  year,  shall  the  total  amount  to  be  ex- 
pended exceed  the  limit  of  one  quarter  of  a  mill  on  every 
dollar  of  assessed  valuation.-^  The  appropriation  is 
mandatory  on  the  board  of  freeholders.  In  accordance 
with  the  provisions  of  the  act,  Hudson  County  has  ap- 
propriated for  the  period  of  1912-1915  a  total  amount  of 
$92,661.00  for  the  mosquito  extermination  commission. 

The  Mosquito  Extermination  Commission  of  Hudson 
County  is  composed  of  six  members  appointed  by  the 
Justice  of  the     Supreme    Court  presiding    in    Hudson 


2"  Laws  1912,   Ch.   104. 

=>'  The  total  area  of  the  swamp  that  covers  so  large  a  part  of  these 
counties  is  about  29,000   acres. 

==iAct  1912,   Sec.   6. 

"  The  county  supervisor  denounces  this  amount  as  excessive  In  his 
message  of  Jan.,  1913.  He  said,  "I  will  call  your  attention  to  the  new 
Mosquito  Extermination  Commission  which  has  the  right  according  to 
law  from  the  board  of  freeholders  for  its  maintenance  this  year,  the 
sum  of  one  hundred  and  twenty  thousand  dollars.  "  Minutes  1913,  p.  7. 


(77) 


■County.  MembtTs  are  api)ointed  for  a  term  of  three 
years  and  servo  witlioiit  salary;  two  members  are  ap- 
pointed eaeli  year.  ' L'Jie  director  of  the  New  Jersey  Agri- 
culture Experiment  Station  is  a  member  ex-officio  of  the 
commission  in  each  county.  Under  the  law  the  commis- 
sion must  file  with  the  director  of  the  State  Agriculture 
Station  a  detailed  statement  of  the  amount  of  money  re- 
quired for  the  ensuiui?'  year.  The  director  may  approve, 
modify  or  alter  the  estimate  of  expenses  and  plans;  his 
approval  must  be  certified  to  the  board  of  freeholders, 
iDefore  the  specified  amount  can  be  included  in  the  annual 
tax  budget.  Thus  tiie  state  director  has  extensive  power 
in  approving  or  disa])proving  all  mosquito  extermination 
work  in  the  several  counties  under  close  state  su])ervision. 
The  work  in  Hudson  County  as  well  as  in  the  four  other 
counties  has  consisted  chiefly  of  ditching  and  drain- 
ing the  vast  mcadi>w  and  marsh  lands  where  the 
mosquitoes  are  most  productive.  The  commission  bases 
its  annual  estimate  mainly  on  the  cost  of  cleaning  and 
constructing  a  specified  number  of  feet  of  such  ditches. 
The  methods  a|)proved  by  the  Director  of  the  State  Ex- 
jjeriment  Station  in  1913  were  as  follows: 

*  1.    The  discovery  and  proper  recording  of  every  breeding  place  of 
mosquitoes  within  the  limits  of  the  county. 

2.  Causing  wherever  the  nature  of  the  mosquito  breeding  places 
render  such  practicable  the  draining  or  filling  or  cleaning  and  stock- 
ing with  fish  of  all  mosquito  breeding  places  within  the  limits  of 
the  county. 

3.  The  periodical  oiling  or  otherwise  treating  throughout  the 
mosquito  breeding  season  of  all  such  areas  as  cannot  be  permanently 
abated  within  the  limits  of  said  county  in  such  a  manner  as  will  pre- 
vent the  breeding  of  mosquitoes. 24 

BOARD  OF  ELECTIONS 

Much  responsibility  is  placed  upon  the  county  in  se- 
(!uring  an  honest  ballot.  A  large  part  of  the  expense  for 
all  elections  is  paid  out  of  the  county  treasury.^f*  Each 
county  in  the  state  has  a  board  of  elections,  which  is 
composed  of  four  members.    The  chairman  of  each  of  the 


"Minutes   of  freeholders   1913,   p.   96. 

"The  cost  of  elections  In  Hudson  County  is  about  $160,000  a  year. 


(78) 


two  political  parties  polling  respectively  the  highest  and 
next  highest  number  of  votes  at  the  last  election,  must 
nominate  two  members,  whom  the  governor  appoints,  to 
comprise  the  county  board  of  elections.^^  Thus  in  each 
count}'  there  is  a  board  of  elections  which  is  bi-partisan 
and  which  is  directly  responsible,  theoretically  at  least, 
to  the  governor  of  the  state.  The  board  appoints  a  chair- 
man from  its  own  membership  and  employs  a  secretary. 

Besides  appointing  members  of  the  local  boards  of 
registry,  the  county  board  of  elections  is  charged  with 
preparing  a  complete  registry  of  all  the  legal  voters  in 
the  county.  This  is  the  one  official  list  both  for  the 
county  and  for  individual  municipalities.  In  county  and 
municipal  elections  the  county  board  may  act  as  a  board 
of  registry  for  all  elections,  primary,  general  and 
o^ij:).s  abui  Xeq^  Xi:^STSej  jo  p.i^oq  v,  sb  .oUi;:|ig  ^j-'^Btoads 
off  names  of  persons  who  are  not  qualified  to  vote;  they 
may  also  add  names  to  the  list  of  registered  voters  upon 
presentation  of  satisfactory  evidence  in  all  such  cases. 
After  the  final  registry  is  completed  the  county  board 
must  print  a  complete  list  of  the  registered  voters  in  the 
county.  At  least  five  copies  of  the  list  are  sent  to  the 
chief  of  police  in  each  municipality  and  a  house  to  house 
investigation  must  be  made  and  reported  to  the  county 
board  by  the  several  police  departments.  This  report 
is  open  to  public  inspection  at  the  office  of  the  county 
board. 2^ 

The  county  board  of  elections  may  conduct  a  recount 
of  the  ballot  after  any  disputed  election;  a  majority  vote 


=«Act   1898,    Ch.    139,    Sec.    13. 

"There  are  about  322  election  districts  in  the  county;  no  district 
must  contain  over  400  voters.  The  rental  cost  per  polling-  place  is  about 
$35,  including  registration,  primary,  general  and  special  elections.  West 
Hoboken  is  the  only  municipality  in  the  county  where  school  houses 
are  used  for  election   purposes. 

'*  In  Hudson  County  there  are  altogether  twenty  elective  county 
officials.  The  number  of  elective  party  officials  has  been  increased  un- 
der the  direct  primary  system;  at  present  voters  elect — besides  all 
county,  municipal,  state  and  congressional  officials — all  party  commit- 
teemen for  city,  county  and  state  committees  and  all  delegates  to  the 
national  conventions.  Nominations  for  office  are  made  by  petition,  the 
convention  system  having  been  abolished  everywhere  in  the  state,  ex- 
cept on  occasions  when  a  state  platform  is  to  be  framed  by  the  parties. 


(79) 


of  the  board  will  decide  any  disputed  ballot.  Those  who 
claim  inaccuracy  or  fraud  in  the  count  may  make  appli- 
cation to  the  justice  of  the  supreme  court,  who  may  di- 
rect the  county  board  in  conducting  a  recount  .of  the 
votes  cast.  In  instances  of  fraudulent  counting  of  the 
vote  the  grand  jury  may  also  investigate,  conduct  a  re- 
count, and  return  indictments  against  any  election  offi- 
cials; such  a  course  happened  in  1913  after  certain  dis- 
closures of  fraud  at  the  primary  election  in  Hoboken.  It 
has  been  proposed  as  a  result  of  the  possibility  of  fraud- 
ulent counting  of  primary  election  ballots,  to  vest  the  ap- 
pointment of  a  special  commissioner  in  the  justice  of  the 
supreme  court  who  shall  conduct  a  recount  and  "audit'' 
of  the  ballots  after  such  election. ^^  In  this  way  the  busi- 
ness of  checking  up  the  count  of  the  local  election  officers 
would  be  brought  directly  under  the  supervision  of  the 
judiciary;  it  is  contended  that  this  fact  would  have  a 
deterring  effect  on  local  election  officers  who  would  other- 
wise be  amenable  to  their  party  leader  in  certifying 
election  returns  fraudulently. 

While,  as  stated  above,  the  county  board  of  elections 
may  appoint  the  local  boards  of  registry  and  election, 
the  act  of  1911  i)rovides  that  election  officers  must  ])ass  a 
civil  service  examination.^'*  Therefore  in  certifying  the 
names  for  local  boards,  the  county  board  must  appoint 
officers  whose  names  appear  on  the  eligible  list  from  ex- 
aminations by  the  civil  service  commission.  As  this  is  a 
new  experiment  in  election  law  it  is  of  interest  to  observe 
how  the  principle  works  out  in  i)ractice.  The  process  is 
set  forth  in  the  law;  the  chairman  of  each  county  com- 
mittee of  tlie  two  largest  political  parties  transmits  to 
the  civil  service  commission  a  list  of  men  of  "good  moral 
(character"  wliom  he  recommends  for  ai)pointin('nt.''' 
The  civil  service  commission  Ihcii  nimounc<>s  wlicii   I  lie 


=»See  CItizen.s  Bulletin,  March,  l!)t4.  Such  a  bill  wns  lntrotUico<l  by 
the  Citizens  Federation   In   the  lenlslatuie  of  1914,  but   failed   to  pass. 

""New  .Jersey  is  the  t)nly  state  which  iciiulrcs  clci-tlon  «^lflcors  to  pass 
a   civil   service   examination. 

"Names  may  also  he  suhinit  d'd  on  petition  of  the  voters  of  any 
flection   district. 


(80) 


examination  will  be  given  for  election  officers.  The 
character  of  the  examinations  is  set  forth  in  general 
terms  in  the  act.  Candidates  are  required  to  have  good 
color  sight,  good  eye  sight,  to  be  able  to  read  readily,  to 
add  and  siibstract  correctly,  to  write  legibly,  and  to 
possess  a  reasonable  knowledge  of  the  duties  prescribed 
hj  the  election  law.^^  As  to  the  results  of  the  examina- 
tion method  the  civil  service  commission  makes  the  fol- 
lowing statement: 

"Experience  has  demonstrated  that  the  position  of  election  officers 
does  not  at  present  offer  sufficient  attractions  to  invite  application  in 
large  numbers  from  the  highest  order  of  candidates.  Reports  come 
to  the  Commission  from  many  sources  that  the  County  Chairmen  are 
unable  to  secure  enough  candidates  willing  to  take  the  examination 
to  cover  every  district.  While  the  examination  given  by  the  commis- 
sion has,  in  its  opinion,  and  in  the  opinion  of  others  well  acquainted 
with  the  requirements  of  the  positions  to  be  filled,  been  sufficiently 
severe  to  test  properly  the  candidates  under  existing  conditions,  ex- 
aminations might  be  made  more  rigid  in  character,  were  the  fear  not 
present  that  if  this  were  done,  the  number  applying  would  be  dimin- 
ished to  a  point  which  would  cause  great  embarrassment. "33 

BOARD    OF   TAXATION 

Centralization  tendencies  in  tax  administration  in  New 
Jersey  have  taken  the  form  of  a  local  board  of  taxation 
for  every  county  in  the  state.  These  are  known  as  the 
County  Boards  of  Taxation;  they  are  appointed  by  the 
governor  with  advice  and  consent  of  the  senate.^'*  While 
the  assessment  of  property  for  purposes  of  taxation  is 
conducted  by  local  assessors  in  the  several  municipalities 
of  the  county,  the  county  board  is  given  authority  to 
supervise  all  assessments  and  to  act  as  a  board  of  appeal. 
The  county  board  is  directed  to  secure  equal  taxation 
throughout  the  county.  The  members  of  the  county 
board  are  required  personally  to  view  and  inspect  so  far 


'*  Under  the  operation  of  this  law  it  has  been  necessary  to  fill  vacan- 
cies in  the  local  boards  in  many  districts  because  of  the  lack  of  any 
qualified  candidates  appearing  on  the  civil  service'  lists.  In  such  cases 
provision  is  made  that  local  officers  may  be  certified  to  perform  the 
duties  of  election  officers  by  the  judge  of  "the  court  of  common  pleas.. 

^Report  of  the  Civil  Service  Commission   1914,   p.   13. 

"Laws   1906,   Ch.   120. 


(81) 


ias  possible  the  assessed  propeiiy  iu  the  thirteen  taxing 
■districts  of  tht?  eounty,  and  to  make  revision  and  cor- 
rections in  the  assessments.^"' 

Since  it  is  tlie  duty  of  the  board  to  meet  from  time  to 
time  to  liear  appeals  fiom  the  local  assessments,  it  is  nec- 
essary to  make  rules  and  regulations  respecting  the  con- 
duct of  such  appeals.  All  such  rules  must  conform  to 
those  of  the  State  Board  of  Equalization  of  Taxes  and 
to  snch  rules  as  may  be  provided  by  the  legislature. 
Property  owners  may  appeal  to  the  county  board  of  tax- 
ation either  to  reduce  an  assessment,  or  to  equalize  same 
hj  raising  an  assessment  of  similar  property  which  may 
appear  to  be  undervalued.'^'''  Hearings  on  appeals  are 
granted  by  the  county  board,  and  regular  sittings  of  the 
l)ody  are  held  in  different  parts  of  the  county  for  the 
purj)ose.  On  this  }>oiut  the  state  commission  on  tax  re- 
form has  recommended  the  following: 

"The  County  Tax  Board  should  be  required  to  set  days  for  hearing 
appeals  from  property  owners  of  the  various  taxing  districts,  going 
as  far  as  practicable  into  each  district,  or  at  least  to  some  convenient 
place  adjacent  ther^'to;  and  at  such  hearings,  which  the  local  asses- 
sor should  be  required  to  attend,  the  board  should  hear  any  com- 
plaint and  dispose  summarily  of  his  grievance.  This  would  not  pre- 
clude anyone  from  presenting  a  statement  of  his  grievance  in  advance, 
if  he  so  desired,  in  order  that  he  might  receive  personal  notice  of  the 
date  when  the  hearing  would  be  held.  And  it  would  satisfy  persons 
who  now  feel  that  they  are  denied  a  proper  hearing. "3" 

The  county  board  of  taxation  in  Hudson  County  is 
•composed  of  three  members.  One  member  must  be  ap- 
pointed from  the  minority  political  party;  members  must 


"There  are  about  28  local  tax  assessors  in  the  several  municipalities, 
some  of  whom  are  elected,  others,  appointed  by  the  local  poverninK 
boards.  The  oimtrol  of  the  county  board  over  these  local  assessors  is 
limited.  It  has  been  .suKRCstod  tliat  the  county  board  of  taxation  be 
replaced  by  a  .^in(?le  offlcial  to  be  known  as  the  county  assessor  who 
will  be  appointed  by  the  board  of  chosen  freeholders.  This  plan  was 
presented  in  the  form  of  a  bill  before  the  1915  legislature  and  was  de- 
feated.    See  report  of  the  special  Tax  Reform  Commission,  N.  J..   1912. 

»•  For  an  example,  the  West  Shore  Railroad  appealed  to  the  county 
board  of  taxation  in  1!»15  for  iin  increase  in  the  valuation  of  local  prop- 
erty of  individuals  lirinp:  in  Weehawken  which  it  claimed  was  under- 
valued. The  railroad  acted  on  the  theory  that  it  would  pay  less  taxe* 
if  the  owners  of  the  private  property  assessed  at  the  lower  rate  wero 
compelled   to   pay   more   taxes. 

"Report  to  the  governor  of  the  State  Tax  Commission  of   1912,   p.   45. 


(82) 


be  citizens  of  tlie  county'  in  which  they  are  appointed. 
They  receive  a  salary  of  $3,500  a  year  which  is  paid  by 
the  state;  they  may  appoint  a  secretary  to  the  board  and 
other  clerks,  assistants,  etc.  The  salaries  of  the  latter 
are  determined  and  paid  by  the  board  of  freeholders; 
the  expense  of  the  county  boards  also  is  met  by  the  board 
of  freeholders.  The  county  board  of  taxation  in  Hudson 
County  is  an  important  branch  of  the  county  and  state 
administration.  Notwithstanding-  this  fact  it  has  fre- 
quently been  proposed  to  abolish  county  boards  of  tax- 
ation throughout  the  state  on  grounds  of  economy,  since 
in  many  counties  of  the  state  the  need  for  such  a  board 
is  not  as  urgent  as  in  the  large  counties  such  as  Hudson. 
Keferring  to  the  Hudson  County  board,  the  Jersey 
Journal  has  said: 

"Whatever  the  effect  of  the  aholition  of  county  tax  boards  in  other 
counties  might  be,  the  abolition  of  the  board  in  Hudson  would  be,  at 
least  for  a  time,  little  short  of  calamitous.  The  large  amount  of 
ratables  in  this  county  and  the  thousands  of  appeals  annually  from 
the  valuations  of  local  assessors  keep  the  Hudson  County  board  and 

its  office  force  busy  practically  all  the  time There  may  be  some 

good  reason  for  abolishing  county  tax  boards  throughout  the  State, 
but  if  the  Hudson  County  board  is  wiped  out  of  existence  the  great 
amount  of  work  it  is  doing  will  have  to  be  done  by  some  other  agency 
that  may  not  do  it  so  economically  or  so  well." — Feb.  16,  1915. 


(83) 


CHAPTER  VII 

THE   STATE— COUNTY  ADMINISTRATIOX 

Amoiiij:  those    functions  of    Grovernment  which    liave 


'o 


been  taken  over  by  the  State,  but  whicli  yet  remain  in- 
terwoven in  the  county  machinery,  none  is  so  important 
as  the  work  of  the  State  Board  of  Children's  Guardians. 
This  board  has  charge  of  between  six  and  seven  hundred 
dependent  children  from  Hudson  County.^  These  have 
been  placed  either  in  private  homes  where  they  are  given 
free  care  without  expense  to  the  county,  or  in  boarding 
homes  where  the  annual  cost  to  the  county  for  each  child 
is  about  one  hundred  dollars.  Thus  the  counties  are  re- 
lieved from  adopting  the  two  alternatives,  first,  of  pro- 
viding an  orphans  home  for  children,  and  second,  from 
sending  dependent  children  to  the  county  almshouse  for 
adults,  there  to  be  reared  amid  conditions  which  would 
handicap  them  for  life.  Under  the  efficient  direction  of 
the  state  board  of  children's  guardians,  the  work  of  car- 
ing for  the  county's  wards  has  been  raised  to  a  high 
standard. 

Although  Hudson  County  now  possesses  the  most 
modern  and  comi)lete  alms  house  in  the  state,  it  required 
a  notorious  exposure  of  deplorable  administrative  con- 
ditions at  the  old  alms  house  to  jirompt  the  legislature 
of  1899  in  creating  a  state  board  for  the  care  of  depen- 
dent children.^  The  startling  accounts  of  existing  con- 
ditions as  published  by  the  ])ress,  assisted  in  bringing 
the  need  for  state  control  to  the  attention  of  the  i)ublic. 

In  speaking  of  the  work  of  Mrs.  Emily  E.  AVilliamsou 
and  Mr.  Hugh  Fox,  both  of  the  State  Charities  Aid  Asso- 


'  In  1914  nearly  three  hundred  ohlidron  from  Hudson  County   had  been 
placed   In   free   homes.     The  report   of  the   board   for   1914    states   that   In 
all   1137   clilldren   from   the  state  at   larpre   are   iinder   Its   care.      The   cost       J 
per  child  to  the  counties  Is  $54.27,  and  to  the  state  $13.27  making  a  total       * 
cost  per  capita  of  $67.54. 

'For  a  popular  account  <tf  tlie  events  leading:  to  tlio  i-nactment   of  the 
act  of  1899.   see  Sackett's  Modern    Hattles  of  Trenton.    11.   CU.    10. 

(84) 


ciation,  and  of  their  influence  in  directing  the  reform, 
Mr,  Sackett  has  said: 

"They  proposed  the  creation  of  a  State  Board  of  Children's  Guard- 
ians with  authority  to  provide  wholesome  homes  for  the  little  de- 
pendents of  the  public.  Their  suggestions  roused  the  opposition  of 
some  private  organizations  engaged  in  child  traffic  under  the  guise  of 
child  rescue.  The  sale  of  parentless  youngsters  for  adoption  was  mak- 
ing them  rich.  And,  besides,  some  county  officers  who  were  finding 
profit  in  feeding  their  local  paupers  were  reluctant  to  lose  it."3 

The  act  of  1899  gives  the  state  board  authority  to  ex- 
ercise a  "general  supervision  over  all  the  indigent,  help- 
less, dependent,  abandoned,  friendless  and  poor  children 
constituting  public  charges."^  The  board  is  composed 
of  seven  members,  two  of  whom  may  be  women;  these 
members  are  appointed  by  the  governor  and  serve  with- 
out salary.^  All  expenses  of  the  state  board,  excepting 
office,  administrative  and  salary  expense,  are  paid  by  the 
counties.  The  board  of  freeholders  must  provide  for  the 
"support,  care,  education  and  maintenance  of  any  child 
or  children  adjudged  to  be  a  public  charge  and  who 
shall  become  wards  of  the  state  board." 

The  system  of  committing  children  to  the  care  of  the 
state  board  remains  in  the  hands  of  the  poor  officers  of 
the  several  municipalities.  Children  are  first  committed 
to  the  county  alms  house;  then  the  board  of  guardians  is 
notified  of  their  commitment.  They  receive  proper  med- 
ical attention,  are  fitted  with  clothing;  and,  when  provi- 
sion has  been  made  by  the  state  board  for  finding  them 
homes,  the}'  are  placed  by  the  agents  of  the  board.  The 
law  provides  tliat  the  child  must  be  placed  in  a  home  of 
the  same  religious  faith  to  which  its  parents  belong  or 
belonged.  That  is  to  say.  Catholic  children  are  placed  in 
Catholic  homes,  and  the  Protestants  in  Protestant  homes. 


'Ibid.  p.  90.  The  pre.sent  directing-  officer  of  the  State  Boai-d  of  Child- 
ren's Guardians  is  Mrs.  Caroline  Alexander  Wittpenn.  who  has  done  a 
vast  amount  of  work  in  connection  with  the  administration  of  county 
and   state   charitable   and    correctional   activities. 

"Laws   1899,   Ch.   165. 

'The  appropriation  by  the  state  for  the  Board  of  Children's  Guardians 
in  1914  was  $8,000.  The  appropriation  for  the  same  board  in  Hudson 
County  was   $45,120.00   in   1913-1914. 


(85) 


Agents  of  the  board  visit  and  report  from  time  to  time  the 
conditions  of  the  wards  thus  placed;  it  is  the  busines- 
of  the  state  board  to  look  after  all  children  committed  to 
its  charge. 

THE   STATE   BOARD  AND   THE   WIDOWS   PExXSION   ACT 

The  administrative  work  of  the  state  board  of  child- 
ren's guardians  has  been  greatly  extended  under  the  pro- 
visions of  an  act  to  improve  home  life  for  dependent 
children.  This  law  is  commonly  known  as  the  AVidow's 
Pension  Act."  It  is  perhaps  the  most  advanced  step  in 
social  reform  legislation  that  the  legislature  of  New  Jer- 
•sey  has  yet  enacted.  AVhile  the  granting  of  pensions  to 
mothers  is  performed  by  the  judge  of  tlie  court  of  com- 
mon pleas,  the  administrative  features  of  the  act  fall  en- 
tirely on  the  board  of  children's  guardians. 

Under  the  provisions  of  this  act  any  widow  who  is  th(^ 
mother  of  one  or  several  children  and  who  is  unable  to 
support  them,  may  file  a  ]ietitiou  for  aid  with  the  state 
board  of  children's  guardians.  This  board  must  investi- 
gate each  case  in  order  to  determine  the  reliability  of  the 
data  presented  with  the  ap])lication.  The  results  of  their 
investigation  must  then  be  laid  before  a  judge  of  the 
court  of  common  pleas  in  the  county  where  the  a])plicant 
resides;  with  such  information  befoi'e  him  the  judge  may 
grant  the  pension. 

Certain  difficulties  have  developed  from  llic  i)ractical 
application  of  this  act.  For  exam]>le,  the  granting  of  a 
pension  to  a  widow  ai)plying  for  assistance  may  be  so 
prolonged  due  to  the  necessary  administrative  tasks  of 
investigation,  that  the  family  may  have  to  be  sent  to  the 
alms  house  for  immediate  relief.  As  a  remedy  for  this 
possible  condition,  Mr.  H.  L.  Barck,  overseer  of  tlu^  poor 
in  Hobokeii,  advises  t])e  transfer  of  tlie  jjower  of  granting 
pensions  fi'om  the  court  of  common  pleas  to  tlie  overseers 
of  the  poor.  He  says:  ''While  the  system  theoretically 
may  be  all  right,  its  ])ractieal  wori<ings  liave  developed 
short  comings  which  have  tended  to  defeat  the  very  ])ur- 


«Law.s    Utl.'?,   Ch.    281;    anuniU-d    1915. 

(86) 


poso  for  whicli  it  was  iiitciidcd.  Tliis  i)ur|)<)s<'  is  to  afford 
relief  when  relief  is  really  needed.  Some  applicants  liave 
had  to  wait  fifteen  months  before  tlu'ir  petitions  hav(^ 
reached  the  court  for  final  disposition."' 

Further  administrative  res])onsibilities  I)av(»  de- 
veloped in  the  operation  of  the  law.  Mrs.  II.  O.  AVitt- 
penn,  president  of  the  state  board  of  children's  guardians, 
thus  explains:  "After  the  most  rigid  investigation  of 
the  applicant  lias  been  made  by  this  board  and  ])resented 
to  the  judge,  and  after  he  has  granted  the  petition,  the 
difficult,  long  and  tedious  task  of  raising  the  standard 
in  the  home  is  ours.  It  is  not  sufficient  to  give  to  the 
mother  the  sum  specified  by  the  court,  for  we  must  not 
forget  that  the  father's  death  and  the  constHpient  loss  of 
his  support  is  not  the  only,  and  in  many  cases  the  chief 
cause  of  the  dependency.  The  mother's  ill  health — 
caused  many  times  by  overwork,  ignorance  in  the  matter 
of  home  making  and  the  expenditure  of  Tuoney,  shift- 
lessness,  and  the  lack  of  a  ])roper  standard,  are  all  con- 
tributory factors.'"^  Thus  it  will  be  seen  that  the  state 
board  has  set  a  high  standard  for  the  efficient  per- 
formance of  the  duties  devolving  u])on  it.  Much  re- 
sponsibility rests  upon  the  state  board  for  the  successful 
operation  of  the  widow's  pension  law  as  it  now  stands.^ 
Hudson  County  appropriated  $20,000  in  1913-1914  and 
$35,000  in  1914-1915  for  the  payment  of  pensions  to- 
widows.^" 

STATE   CIVIL   SERVICE   COMMISSION 

Another  state  board  which  has  become  intimately  con- 
nected  with  local  administration  in  the  county  offices, 
boards  and  commissions,  institutions  and  departments,  is 
the  State  Civil  Service  Commission.  NeT\^  Jersey  adopted 
its  present  civil  service  law  in  1908;  this  act  went  into 


'  From  a  discussion  of  the  question  by  Mr.  Barck  at  the  annual  meet- 
ing of  the  New  Jersey  State  Association  of  Overseers  of  the  Poor,   1914. 

*  Annual   report   1914,   State  Board    of  Children's   Guardians. 

« It  must  not  be  overlooked  that  the  law  gives  the  judge  the  right  of 
revoking  any  pension  granted  by  him.  In  .such  event  the  widow's 
children   become   wards   of   the   state   board    of   children's   guardians. 

"The  actual   payment,   however,   in   1913-1914    did   not   exceed    $9,000. 


(87) 


effect  in  respect  to  the  state  service  at  once.  Tlie  provision 
was  made  in  tlie  act,  also,  that  municii)alities  and  coun- 
ties miglit  adopt  the  act  by  popular  referendum.  Since 
1908  the  three  lar<;-est  counties  in  the  state  have  adopted 
the  civil  service  act;  Hudson  County  having  adopted  it 
by  a  vote  of  36,198  as  iigainst  a  negative  of  17,457  votes. 
The  administration  of  the  civil  service  law  is  in  the 
charge  of  a  state  commission.  This  commission  is  com- 
posed of  four  commissioners  who  are  appointed  by  the 
governor  with  the  advice  and  consent  of  the  senate.  They 
serve  for  a  term  of  four  years  and  receive  a  salary  of 
$2,000  a  year.'^  Tlie  commission  appoints  a  chief  ex- 
aminer and  secretary,  also  such  clerical  assistants  as  may 
be  necessary;  the  salary  of  the  chief  examiner  and  sec- 
retary is  $3,000  a  year.' 2 

The  state  civil  service  commission  may  make  all  rules 
and  regulations  for  carrying  into  effect  the  provisions 
of  the  civil  service  law.  It  is  required  to  keep  records  of 
all  examinations,  applications  for  appointments  and  of 
causes  for  removals.  It  exercises  the  right  to  investigate 
matters  jDcrtaining  to  the  enforcement  of  the  civil  service 
act  and  of  all  rules  and  regulations  of  the  commission. 
To  this  end  the  commission  has  power  to  summon  wit- 
nesses and  compel  their  attendance.  Section  10  of  the 
act  provides  that: 

"It  shall  be  the  duty  of  all  the  officers  of  this  state  or  of  any  munici- 
pality thereof  that  may  adopt  the  provisions  of  this  act,  to  conform  to, 
comply  with,  and  to  aid  in  all  proper  ways  in  carrying  into  effect  the 
provisions  of  this  act,  and  the  rules  and  regulations  prescribed  there- 
under and  any  modification  thereof.  No  officer  or  officers  having  the 
power  of  appointment  or  employment  to  the  civil  service  of  this 
state,  or  to  that  of  any  municipality  thereof. ..  .shall. ..  .select  or  ap- 
point  any    i)erson    for   upitointment,   employment,    promotion    or    rein- 


"  The   |)re«l«lent   riio«ii vi-s   mi   iiddltloniil    $500   ii   year. 
«  Law.s    1908,    Ch.    15C. 


(88) 


statement,  except  in  accordance  with  the  provisions  of  this  act  and 
the   rules   and    regulations   prescribed    thereunder."!:! 

Thus  tlu^  eoimty  is  brou^Iit  directly  under  the  control 
of  the  state  civil  sei'vice  commission  in  regard  to  the  ap- 
pointment and  removal  of  office  holders.  .\ll  public 
officers  are  divided  into  the  classified  and  unclassified 
service.  The  unclassified  county  service  includes  all' 
officers  elected  by  popular  vote,  officers  appointed  by  gov- 
ernor, all  "heads  of  deirartments,"  and  the  members  of 
commissions  and  boards. ^^  The  classified  county  service 
includes  the  four  groups,  designated,  respectively,  ex- 
empt, competitive,  non-competitive,  and  the  labor  class. 
Under  the  exempt  class  is  included  the  deputy  or  first 
assistant  of  the  j^rincipal  officer,  the  legal  assistants  to 
the  law  de])artment,  the  secretary  or  clerk  of  each  de- 
partment, board  or  commission,  one  private  secretary  or 
(derk  of  each  .I'udge  or  each  principal  executive  officer; 
and  all  ])hysicians.'''  Imder  the  provision  of  the  act  re- 
lating to  this  class  the  operation  of  the  law  is  fairly 
clear;  less  controversy  arises  in  regard  to  what  positions 
belong  under  the  exempt  class  than  arises  in  connection 
with  the  competitive  groups. 

Under  the  competitive  class  is  included  ail  positions, 
the  appointment  of  which  must  be  made  from  an  eligible 
list  of  candidates  who  have  passed  civil  service  examina- 
tion. Questions  frequently  arise  regarding  appointments 
in  this  class,  and  it  must  rest  with  the  commission  to  de- 
termine when  a  proposed  appointment  is  a  competitive 
one.  An  appointment  in  the  competitive  class  can  be 
made  only  after  a  competitive  examination  has  been  held 


"Laws  1908,  Ch.  156.  Sec.  10.  Chapter  189  of  the  laws  of  1912  gives 
power  to  the  civil  service  commission  to  institute  actions  at  law  or 
equity  to  enforce  the  provisions  of  the  law  and  the  rules  and  regula- 
tions adopted  by  the  commission.  One  of  the  most  effective  provisions 
of  the  civil  service  law  is  that  which  gives  to  the  commission  the  right 
to  certify  pay  rolls  of  the  county.  In  this  way  the  commission  is  able 
to  prevent  the  padding  of  the  county  pay  rolls  by  refusing  to  certify 
to  the  addition  of  any  person  or  persons  whose  salaries  have  not  been 
certified   to  by  the  commission. 

"Ibid.  Section  2.  The  civil  service  law  is  followed  closely  in  the 
above,  but  only  in  so  far  as  it  applies  to  the  county  government. 

"Laws  1912.  Ch.  332,  Sec.  13. 


(89) 


wliicli  i.s  ()i)c'ii  to  all  al^l»li<•ant^^.'''  Tlic  law  defiiios  tho 
comiK'titive  class  to  iiichulo  "all  positions  for  whicli  it  is 
practicable  to  determine  the  merit  and  fitness  of  ap- 
plicants by  coni])etitive  examination;  also  all  ]^ositions 
...  .in  each  and  every  branch  of  the  classified  service,  ex- 
cept sncli  as  are  in  the  exempt  class,  the  non-competitive 
class  or  tho  labor  class. "^'  In  short  the  <|ualifications  nec- 
essary for  any  one  position  falling  under  the  competitive* 
class  must  be  ap])ro])riate  to  the  position. 

The  non-comi)etitive  class  includes  "such  [lositions  as 
are  not  in  the  exempt  class  or  the  labor  class  and  which 
it  is  impracticable  to  include  in  the  comix'titive  class. 
Appointments  for  positions  in  the  non-competitive  class 
shall  be  made  after  such  nou-competitive  examination  as 
shall  be  ])rescribed  by  the  rules  of  the  civil  service  com- 
mission."^^ 

For  the  proper  administration  of  the  civil  service  law 
it  has  been  necessary  to  establish  several  branch  offices 
in  different  parts  of  the  state. ^'*  The  establishment  of 
these  was  made  necessary  by  the  .^rowini;-  need  for  a 
closer  supervision  over  the  various  localities.  ''Throuirh 
these  local  offices,"  the  commission  ex]ilains,  "a  consid- 
erable portion  of  the  work  of  arranging  for  places  for 
holding  examinations  and  other  matters  of  detail  have 
been  handled,  as  well  as  investigations  into  the  character 
of  the  work  performed  by  the  employees  in  the  various 


"  For  example,  tlio  civil  service  commission  after  holding-  :i  ht-arinK 
in  1915  decided  that  the  position  of  superintendent  of  bridges  created 
by  the  board  of  fi-eehoUiers  and  tilled  by  a  ])oliticnI  appointee  of  the 
board,  was  a  competitive  position  requiring  an  examination  by  the 
commission.  The  board  of  freeholders  contended  that  the  position  was 
an  executive  one  and  not  subject  to  the  rules  relative  to  the  com- 
I)etltive   class.     Their  contention    was   denied    by    the   commission. 

"  I^aws  litll,  Ch.  21,  Sec.  1.  Wuch  positions  In  the  competitive  class 
may,  however,  be  filled  from  |iromotlons,  reinstatements  or  by   transfer. 

"A  non-competltlve  board  of  examiners  for  the  Hudson  County  Court 
House  Is  appointed  by  the  Civil  Service  Commission,  and  Is  composed 
of  three  freeholders.  Minutes  1913,  p.  71.  At  the  county  Institutions 
the  non-competltlve  class  includes  nuises.  attendants.  waltr«-sses, 
cooks,   etc. 

"That  for  .Jersey  City  and  Hudson  County  Is  located  at  the  city  hall 
In  Jersey  City,  where  a  comi)let«  list  of  the  county  and  city  employees 
may  be  found. 


(00) 


departments  and  institutions  of  lo<  al  novcrnniont  for  the 
purpose  of  classification  and  examination."-" 

There  is  need  at  the  present  for  an    extension  of  the 
work  of  "investigation  into  tlie  character"  of  the  official 
duties  of  county  employees.    The  civil  service  commission 
has  as  yet  been  able  to  make  classifications  only  in  a  very 
general  way;  its  investigations  have  been  limited  to  a 
large  degree,  and  as  a  result  there  are  many  positions  in 
the  county  which  a  minute  investigation  by  the  commis- 
sion would  prove  to  be  unnecessary.    A  more  detailed  in- 
vestigation would  show  also  that  certain  salaries  paid 
are  out  of  proportion  to  the  work  performed.    Such  con- 
ditions are  violative  of  the    fundamental  principle    of 
civil  service,  and  they  constitute  defects  in  the  govern- 
ment which  the  civil  service  law  is  intended  to  eradicate. 
One  remedy  for  the  conditions  obtaining  may  be  found 
in  a  systematic  standardization  of  salaries  and  services. 
This  should  be  done  in  order  that  character  of  work  and 
not  political  preferment,  will  determine  the  salaries  to 
be  paid.    A  standardization  of  salaries  and  of  services  in 
the  county  would  involve  much  investigative  work  and 
comparison  of  data.    The  cost  of  similar  services  in  other 
counties  and  municipalities  must  be  obtained  for  com- 
parison; for  in  this  way  facts  may  be  ]iresented  which 
cannot  be  disj^uted. 

To  illustrate,  let  us  say:  Hudson  County  pays  out 
more  in  salaries  for  its  register's  office  than  does 
Essex  County.  Hudson  County's  register  has  less 
business  to  care  for  than  the  register  in  Essex  County. 
The  salaries  in  Hudson  County  are  greater  and  the 
work  performed  is  less.  To  substantiate:  In  1913 
the  total  number  of  deeds,  mortgages,  chattel  mortgages, 
assignments  and  releases  recorded  in  Hudson  County 
was  23,772  as  against  35,702  in  Essex  County.  Hudson 
County  pays  $75,000  a  year  for  salaries  in  the  register's 
office;  Essex  County  pays  only  $40,000.  It  thus  appears 
that  the  cost  of  recording  a  deed  or  mortgage,  etc.,  in 
Hudson  averages  $3.11  while  the  cost  for  the  same  work 


Report  of  the  State  Civil  Service  Commission   1014.   p.    7. 

(91) 


in  Essex  is  only  $1.91).  It  is  not  necessary  to  go  beyond 
such  facts  as  these  to  show  that  there  is  needless  expense 
in  the  register's  office  in  Hudson  County.  This  is  the 
kind  of  comparisons  and  facts  that  a  proper  investigation 
of  any.office  by  tlie  civil  service  authorities  should  bring 
out^i 

Mindful  of  the  ()i)portunity  of  developing  this  side  of 
the  administration  of  the  civil  service  law,  the  commis- 
sion has  recently  urged  the  matter  of  personal  efficiency 
records  for  the  ])ul)lic  ein])loyees.  The  following  state- 
ment is  contained  in  the  rei)ort  of  the  commission  to  the 
governor: 

"Early  in  the  history  of  the  Commission  a  plan  for  recording  the 
efficiency  of  employees  by  means  of  monthly  ratings  made  by  de- 
partmental heads  was  adopted.  Heads  of  departments  have  many  of 
them  proven  lax  in  making  reports,  and  there  is  reason  to  believe  have 
not  treated  the  preparation  of  the  same  with  proper  seriousness.  Yet 
the  matter  is  one  of  vital  concern  to  the  State  or  municipality,  and  to 
the  worthy  employes.  The  zealous  and  efficient  should  be  recognized 
in  order  that  there  may  be  a  continual  spur  to  the  best  work,  and 
tardiness,  slothfulness  and  inefficiency  penalized.  On  departmental 
records  must  necessarily  largely  depend  the  rating  of  candidates  for 
promotion  and  if  these  are  incomplete  or  inaccurate,  promotion  can- 
not be  fairly  made.  In  certain  Western  States,  it  is  the  duty  of  the 
Civil  Service  Commission  which  receives  a  special  appropriation 
therefor,  by  a  thorough  inspection  of  the  work  of  each  department  to 
determine  the  efficiency  rating  of  each  employee.  The  methods  em- 
ployed are  elaborate  and  expensive,  costing  in  Cook  County,  111.,  alone 
$40,000  i)er  annum  and  would  seem,  too,  to  largely  encroach  upon  the 
sui)ervisory  power  nnd  right  of  the  department  head.  The  commis- 
sion has  now  under  consideration  the  adoption  of  the  plan  used  by 
the  New  York  City  Commission,  which  provides  for  an  efficiency  com- 
mittee of  three  superior  employees  in  each  department  nominated 
by  the  head  of  the  department  of  the  Civil  Service  Commission  for 
ratification,  which  committee  receives  reports  from  the  department 
head  and  |)repares  the  efliciency  schedules  which  at  stated  periods 
are  in8i>ected  by  the  Civil  Service  Commission.  The  plan  seems  suffi- 
ciently definite  for  present  purposes  at  least  and  would  not  add  greatly 


'■"  The.>«e  fact.s  aro  t)aMPd  uixm  tlif  .stalfinent.'<  of  the  Oloimty  roKistcr  of 
dueds  tor  each  of  the  coimtlt-.s  of  lliul.son  ami  Kssox.  I'ho  explanation 
of  the  Viirlanoe  of  .salary  oxpoii.sf  In  the  two  coiintie.s  Is  to  be  found 
in  the  fact  that  lOw.sex  County  eniploy.s  female  typlst.s  who  are  allowed 
one-third  of  the  fees.  This  airan«;ement  Is  buslmss-llke  and  the  cost 
to  the   taxpayers   Is  reduced  uccordinRly. 


(i)2) 


to   the   present   expense    of   administering    the    Civil    Service    Jn    this 
State."22 

With  the  extension  in  this  way  of  tlie  administrative 
work  of  the  civil  service  commission,  it  may  be  consid- 
ered doubtful  whether  the  state  commission  will  ade- 
quateh^  meet  the  individual  requirements  for  the  larger 
municipalities  and  counties  of  the  state.  The  possibility 
is  that  a  separate  board  may  have  to  be  created  for  the 
counties  of  the  first  class.  Such  a  board  would  be  able 
to  concentrate  its  supervisory  work  to  this  particular 
county  alone;  there  is  need  for  a  combined  bureau  of 
civil  service  and  bureau  of  efficiency  for  Hudson  County 
alone.  Such  a  bureau  would  answer  the  same  purpose 
as  that  recently  created  for  the  county  of  Los  Angeles, 
provision  for  which  was  made  in  the  recent  county 
charter,  and  which  is  described  in  the  following  article 
from  the  Citizens  Bulletin,  September,  1914: 

"In  the  new  charter  of  Los  Angeles  County,  California,  provision  is 
made  for  a  county  bureau  of  efficiency.  The  county  civil  service  com- 
mission is  given  the  power  to  provide  'for  the  establishment  of  a 
bureau  of  efficiency,  consisting  of  the  Commission,  the  Secretary  there- 
of and  the  Auditor,  for  the  purpose  of  determining  the  duties  of  each 
position  in  the  classified  service,  fixing  standards  of  efficiency,  in- 
vestigating the  methods  of  operation  of  the  various  departments,  and 
recommending  to  the  Board  of  Supervisors  and  department  heads 
measures  for  increasing  individual,  group  and  departmental  efliciency, 
and  providing  for  uniformity  of  competition  and  simplicity  of  opera- 
tion. The  commission  shall  ascertain  and  record  the  comparative 
efficiency  of  employees  of  the  classified  service  and  shall  have  power, 
after  hearing,  to  dismiss  from  the  service  those  who  fall  below  the 
standard  of  efficiency  established.'  The  county  auditor,  in  explaining 
what  the  bureau  has  done,  states  that  on  account  of  the  large  amount 
of  work  imposed  upon  the  civil  service  commission  in  connection  with 
the  establishment  of  their  department,  the  efficiency  work  has  not 
been  fully  or  carefully  considered  or  thoroughly  followed  out.  He 
says:  'The  work  which  we  have  done  so  far  is  merely  the  examining 
of  those  departments  which  have  been  referred  to  us  by  the  super- 
visors for  action  and  making  recommendations  as  to  the  number  of 
employees  needed  and  the  salaries  which  should  be  paid.'" 


=="  Report  of  Civil  Service   Commission,   1914,    p.   1' 

(93) 


COUNTY  SUPERINTENDENT  OF  SCHOOLS 

The  county  superintendent  of  schools  is  an  appointee 
of  the  commissioner  of  education  of  the  State  of  New 
Jersey — the  state  board  of  education  ai)i)roving  such  ap- 
pointment. The  county  superintendent  holds  office  for  a 
term  of  tliree  years  from  the  date  of  liis  api)ointment  and 
until  his  successor  has  been  apiminted.-*''  He  may  be  re- 
moved from  office  for  cause  by  the  state  board  of  educa- 
tion. He  receives  a  salary  of  $3,000  a  year  which  is  paid 
by  the  state.  The  law  provides  that  ''each  county  super- 
intendent  shall  give  particular  attention  to  actual 

and  personal  supervision  of  schools  and  shall  devote  his 
entire  time  to  the  duties  of  his  office.  No  person  shall  be 
appointed  as  county  superintendent  of  schools  unless  he 
shall  hold  the  highest  teacher's  certificate  issued  in  this 
state  and  shall  have  been  a  resident  of  the  county  for 
which  he  is  appointed  for  at  least  three  years  immediate- 
ly preceding  his  appointment.^' 

The  county  superintendent  in  Hudson  County  does 
not  exercise  any  power  of  "control"  over  the  educational 
policy  of  the  several  school  districts  within  the  county.-'* 
Each  municipality  in  the  county  has  its  own  inde])endent 
public  school  system,  and  there  are  no  rural  schools 
owing  to  the  urban  character  of  the  county.  AVith  regard 
to  matters  affecting  educational  policy,  the  county  super- 
intendent may  advise  and  cooperate  mutually  with  the 
directing  officers  of  the  several  local  school  systems  in 
the  county. 

The  county  superintendent  of  schools  acts  chiefly  as 
distributor  of  the  state  school  moneys  among  the  several 
municipalities  in  the  county.  The  law  provides  that  on 
or  before  the  fifteenth  day  of  March  in  each  year  the  re- 
spective local  school  boards  must  each  certify  to  the 
county  superintendent  the  total  number  of  teachers  em- 


"Laws  1912.  Ch.   367. 

"Ibid. 

'•In  Hudson  County  the  work  of  tlie  county  superintendent  is  gen- 
erally office  work.  Visitation  of  schools,  certification  of  teachers,  con- 
ducting of  teachers  institutes  are  not  necessary  to  any  large  extent 
owing  to  the  advunced  development  of  the  city  school  systems. 


(94) 


ployed  and  the  iiiiinber  of  pupils  attending  in  their  par- 
ticular school  districts.-'"'  On  this  basis  he  is  directed  by 
law  to  apportion  the  school  funds  received  from  the 
state;  he  must  allow  so  much  to  each  school  district  in 
proportion  to  the  number  of  school  principals,  teachers 
and  in  proportion  to  other  standards  of  efficiency. 2' 


=«Laws    1912,   Ch.    141. 

='  Funds  may  be  withheld  from  a  municipality  which  has  failed  to 
pay  its  state  school  tax.  While  the  office  is  more  like  a  branch  of  the 
.state  department  of  education  than  it  is  a  county  office,  the  county 
superintendent  is  the  chief  school  officer  in  the  county.  His  office  comes 
into  intimate  contact  with  the  financial  .system  of  the  county  in  respect 
to   the  handling-  of  school  moneys. 


(95) 


CHAPTER  VIII 


THE  COUNTY  JUDICIARY 


To  describe  the  organization  of  the  judiciary  in  Hud- 
son County  it  is  necessary  to  keep  in  mind  the  higher 
courts  of  the  state  judiciary  and  their  relation  one  to  the 
other.  These  courts  are  jiamed  in  tlie  order  of  their  im- 
portance in  that  section  of  the  state  constitution  which 
provides  that  the  ''judicial  i)ower  shall  be  vested  in  a 
court  of  errors  and  appeals  in  the  last  resort ....  a  court 
of  chancery;  a  prerogative  court;  a  supreme  court;  cir- 
cuit courts;  and  such  inferior  courts  as  now  exist"  or 
may  hereafter  be  established.^  In  this  list  of  courts,  only 
the  last  three  need  be  considered  in  discussing  the  organ- 
ization of  the  judicial  system  as  affecting  Hudson 
County.  2 

THE   SUPREME   COURT 

The  highest  judicial  office  as  far  as  the  coniity  is  con- 
cerned is  the  justice  of  the  supreme  court.  This  court  is 
a  state  court  of  which  Hudson  County  alone  constitutes 
one  circuit.  One  or  more  justices  of  the  supreme  court 
may  hold  circuit  court  in  each  county.  One  justice  of  the 
supreme  court  in  practice  is  assigned  to  the  Hudson 
County  circuit.  Members  of  the  supreme  court  are  ap- 
pointed for  a  term  of  seven  years  and  receive  a  salary  of 
$10,000  a  year  which  is  ]>aid  by  the  state.  The  justice  of 
the  supreme  court  who  is  assigned  to  Hudson  County 
may  preside  over,  and  act  concurrently  with  the  judges 
of  the  several  inferior  courts  in  the  county  which  are 
mentioned  in  this  chaiiter.      In    ]iraclic(',  however,    the 


'  Const.  Art.   6,  S<c.   1. 

'The  court  of  errors  imtl  aiiiical.'^  consists  of  tlii'  ilianiollor,  the 
Justices  of  the  .supreme  court  and  six  Judpes.  The  court  of  chancery 
consists  of  the  chancellor,  the  cliancellor  also  Is  surrogate  general  of 
the  preroKatlve  court. 

(W) 


justice  of  the  supreme  court  seldom  sits  in  the  lower 
courts. 

THE  CIRCUIT  COURT 

Since  Hudson  County  on  account  of  its  size  constitutes 
one  circuit  of  the  supreme  court,  the  circuit  court  is  held 
by  two  special  circuit  judges  wiio  are  appointed  by  the 
governor  for  a  term  of  seven  years  and  who  receive 
$9,000  a  year.    The  constitution  provides: 

"The  circuit  courts  shall  be  held  in  every  county  of  this  state,  by 
one  or  more  of  the  justices  of  the  supreme  court,  or  a  judge  appointed 
for  that  purpose,  and  shall,  in  all  cases  within  the  county,  except  in 
those  of  a  criminal  nature,  have  common  law  jurisdiction,  concurrent 
with  the  supreme  court;  and  any  final  judgment  of  a  circuit  court  may 
be  docketed  in  the  supreme  court,  and  shall  operate  as  a  judgment  ob- 
tained in  the  supreme  court  from  the  time  of  such  docketing 

Final  judgments  in  any  circuit  court  may  be  brought  by  writ  of  error 
into  the  supreme  court,  or  directly  into  the  court  of  errors  and 
appeals."     (Const.  Art.  6,  Sec.  5.,  1-3.) 

The  legislature  may  vest  in  the  circuit  courts  chancery 
powers  so  far  as  relates  to  the  foreclosure  of  mortgages 
and  sale  of  mortgaged  premises.^  A  writ  of  error  on  ap- 
peal may  be  taken  from  the  circuit  court  to  the  supreme 
court  or  directly  into  the  court  of  errors  and  appeals. 

COURT  OF  COMMON  PLEAS 

The  court  of  common  pleas  is  a  court  for  the  trial  of 
civil  actions,  irrespective  of  the  amount  in  controversy. 
It  is,  strictly  speaking,  a  county  court;  it  was  in  ex- 
istence in  Hudson  County  when  the  constitution  of  1844 
was  adopted.  By  the  language  of  the  constitution  it  is 
referred  to  as  an  '"inferior"  court.  The  first  section  of 
the  judicial  article  provides  that  the  judicial  power  shall 
be  vested  in  the  several  courts  w-hich  have  been  men- 
tioned above.  A  certain  latitude,  however,  in  changing 
the  organization  of  the  inferior  courts  is  given  to  the 
legislature  by  the  constitutional  provision  that  the  judi- 
cial power  shall  also  be  vested  in  '  *  such  inferior  courts  as 
now  exist;  and  as  may  hereafter  be  ordained  and  estab- 
lished by  law;  which  inferior  courts  the  legislature  may 
alter  or  abolish,  as  the  public  good  shall  require."  From 


» Const.  Art.  4,  Sec.  7. 

(97) 


this  provision  it  has  sometinies  hoen  argued  that  the  leg- 
islature may  even  abolish  the  court  of  eommon  pleas.  As 
a  matter  of  fact,  Iiowever,  the  court  of  common  i)leas  is 
one  of  the  most  important  parts  of  the  county  judicial 
system  and  it  would  be  difficult  to  arouse  any  great 
weight  of  ])ublic  opinion  in  favor  of  its  al>olition. 

There  are  two  judges  of  the  court  of  common  pleas  for 
Hudson  County.  They  are  appointed  by  the  governor 
for  a  term  of  fivt;  yeai*s,  and  receive  a  salary  of  $7,500  a 
year  which  is  paid  by  the  county.  The  official  title  of  the 
judges  is  that  of  President  Judges  of  Court  of  Common 
Pleas.  Besides  constituting  a  court  for  civil  actions  the 
judges  of  the  court  of  common  pleas  individually  per- 
form a  great  amount  of  administrative  work  in  connec- 
tion with  the  commitment  of  persons  to  the  county  and 
state  charitable  agencies,  and  in  connection  with  other 
administrative  matters  which  have  been  af^signed  to 
them  by  the  legislature. 

CRIMINAL  COURTS 

The  criminal  courts  in  the  county  are  the  court  of 
quarter  sessions,  the  court  of  general  sessions,  and  the 
court  of  oyer  and  terminer.  The  justice  of  the  supreme 
court  for  the  Hudson  County  circuit  may  preside  in  each 
of  these  courts.  In  practice,  however,  he  seldom  partici- 
pates in  the  trial  of  causes  brought  before  them.  The 
actual  business  of  these  courts  is  carried  on  under  the 
judges  of  the  court  of  common  pleas.  These  judges  may 
hold  quarter  sessions,  general  sessions  or  oyer  and  term- 
iner court.  In  the  first,  trial  is  by  jury;  in  the  latter  two, 
the  jury  right  may  be  waived  and  cases  tried  by  the 
judge.  As  a  rule  tlie  grand  jury  indictments  are  handed 
down  in  the  court  of  quarter  sessions. 

ORPHANS  COURT  AND  SURROGATE 

The  justice  of  the  supreme  court  and  the  judges  of  the 
court  of  common  ])leas  com]n"ise  the  orphans  court.  In 
practice  this  court  is  held  by  the  judge  of  the  court  of 
common  pleas.*    The  orphans  court  has  jurisdiction  over 


«Law8   1898,   p.   71C. 

(98) 


matters  respecting  tlie  existence  of  wills,  the  fairness  of 
inventories,  the  right  of  administration  and  guardian- 
ship, and  the  allowance  of  the  accomits  of  executors,  ad- 
ministrators, guardians  or  trustees,  etc.  The  clerk  of  the 
orphans  court  is  the  surrogate. 

New  Jersey,  like  Xew  York,  has  a  separate  oflfice  for 
the  transaction  of  probate  matters;  this  office  is  known 
as  the  county  surrogate.  In  Hudson  County  the  surro- 
gate is  elected  for  a  term  of  five  years,  and  his  salary  is 
$7,500  a  year.  The  office  of  surrogate  is  primarily  a 
judicial  office  and  it  is  difficult  to  see  why  the  idea  of  an 
appointive  judiciary  was  not  applied  to  it  as  to  the  other 
judicial  offices.  The  county  surrogate  should  be  made 
appointive  by  the  governor  with  the  advice  and  consent 
of  the  senate.  The  surrogate's  duties  are  technical;  he 
is  not  what  we  may  call  a  policy  determining  official.  His 
functions  are  largely  ministerial.  The  elective  system  is 
not  the  most  approved  method  of  choosing  such  public 
servants..'"*  The  total  salary  expense  of  the  surrogate's 
office  to  the  county  is  about  $32,000  a  year,  which  is  ex- 
clusive of  the  cost  of  retranscribing  records.  The  surro- 
gate may  appoint  a  deputy  and  such  clerical  assistants 
as  may  be  necessary  for  the  management  of  the  office. 
These  must  be  approved  and  their  salary  determined  by 
the  board  of  freeholders.® 

JUVENILE   COURT 

The  juvenile  court  in  Hudson  County  exercises  juris- 
diction over  all  cases  involving  youthful  delinquents.  The 
judge  of  the  juvenile  court  is  appointed  by  the  governor 
with  the  advice  and  consent  of  the  senate.    He  receives 


'  Formerly  this  ofRce  was  on  the  "fee  basis,"  that  is,  the  surrogate 
was  not  paid  a  salary  but  was  allowed  to  retain  all  fees. 

*  The  work  of  recording  calls  for  a  large  force.  Altogether  sixteen 
record  books  "current  libers,"  are  kept  in  progress,  as  follows:  Wills, 
proofs,  etc.,  applications  for  administration  letters,  administration  let- 
ters, administration  bonds,  inventories,  guardians'  letters,  executors' 
and  administrators'  accounts,  guardians'  and  trustees'  accounts  and  In- 
ventories, assignments  for  benefit  of  creditors,  miscellaneous  bonds, 
miscellaneous  records,  orphans'  court  records,  testamentary  guardians' 
letters,  orders  limiting  creditors,  decrees  barring  creditors,  releases  and 
refunding  bonds.  The  total  receipts  from  these  sources  in  1913-14  was 
about   130,000. 


(99) 


a  salary  of  $5,000  a  year,  which  is  paid  by  the  county.  A 
"delinquent  child"  under  the  temis  of  the  act  of  1912,  is 
one  "under  sixteen  years  of  age  who  violates  any  penal 
law  or  municipal  ordinance,  or  who  commits  any  act  or 
offense  for  which  he  could  he  prosecuted  in  a  method  par- 
taking of  the  nature  of  a  criminal  action  or  proceeding 
(except  the  crime  of  murder  and  manslaughter)  or  who 
is  a  disorderly  person  or  hahitual  vagrant,  or  incorrigible 
or  immoral."  The  delinquent  child  is  brought  into  court 
and  a  hearing  is  given.  Witnesses  are  examined,  and  the 
judge  gives  his  finding.  The  judge  may  order  the  re- 
lease of  the  child  or  commit  him  to  an  institution.  Hud- 
son County  has  no  house  of  detention,  consecpiently 
youthful  delinquents  are  sent  to  the  county  jail  jjending 
their  final  disposal  by  the  court." 

COUNTY  CLERK 

In  New  Jersey  the  terms,  county  clerk,  and  clerk  of  the 
courts,  are  synonymous;  the  county  clerk  is  clerk  of  all 
the  county  courts,  with  the  exce])tion  of  the  orphans 
court.  He  is  elected  for  a  term  of  five  years  and  receives 
a  salary  of  $7,500  a  year.  There  are  no  special  reasons 
why  the  county  clerk  should  be  an  elective  official  as  at 
present.  On  the  contrary  there  are  certain  arguments 
from  actual  experience  why  the  office  should  be  made  ap- 
pointive by  the  justice  of  the  supreme  court.  As  in  the 
case  of  the  surrogate,  the  county  clerk  performs  technical 
and  ministerial  duties.  The  work  of  the  office  is  highly 
important  and  is  such  as  to  call  for  an  official  who  knows 
the  business  of  his  office.  Rarely  has  the  elective  system 
given  the  county  a  clerk  who  is  interested  ])rimarily  in 
improving  the  administration  of  his  office  rather  than  in 
making  it  serve  for  political  ]iurposes.  The  efficiency  of 
the  clerk's  office  is  due  in  large  measure  to  the  deputy.** 
The  county  clerk  appoints  his  deputy  and  other  assist- 
ants, such  a])])ointments  being  subject  to  the  a]>]U()val  of 
Uw.  board  of  frecliolders  who  also  lix  the  salaries  of  each. 


'Supra,  Chapter    1,  Coiintj'  Jail. 

"The  county  clerk   employs  thlrty-flve  c1<tUs  at   an   annual   expense  to 
the  county  of  |G0,000.     The  Income  of  the  oflUe  Is  about    >40,000  a  year. 


(100) 


The  count}'  clerk  is  responsible  for  the  filing,  entering 
and  enrolling  proceedings  of  the  several  courts.  Certifi- 
cates of  incorporations,  naturalization  papers,  building 
contracts  and  various  other  miscellaneous  documents 
are  issued  and  made  matters  of  record  by  the  county 
clerk.  ^  He  is  required,  furthermore,  to  act  in  certifying 
the  final  election  returns  to  the  secretary  of  state;  he  also 
acts  as  distributor  of  all  printed  election  matter  receiv- 
able from  the  secretary  of  state.     • 

REGISTER  OF  DEEDS 

Closely  associated  with  the  offices  of  county  clerk  and 
surrogate  is  the  office  of  register  of  deeds  and  mortgages. 
The  county  register  is  elected  for  a  term  of  five  years,  and 
receives  a  salary  of  $7,500  a  year.  It  is  the  duty  of  the 
register  to  keep  record  of  deeds,  mortgages,  assignments, 
releases,  and,  in  general,  all  records  pertaining  to  real 
estate  transfers.  The  law  requires  that  instruments  shall 
take  effect  from  the  day  and  hour  of  filing  in  the  reg- 
ister's office^  this  is  because  a  conflict  of  instruments 
may  arise  which  would  confuse  the  title  to  any  piece  of 
property.  Thus  in  the  preservation  of  property  rights, 
the  office  of  register  is  most  iniportant.^^  The  work  of 
recording,  calls  for  extreme    care  and  accuracy  on    the 


'The  several  records  (with  their  indices)  kept  in  the  office  in  addition 
to  the  above  mentioned  are:  Judgments  of  the  circuit  court  and  court 
of  common  pleas;  judgments  docketed  in  the  court  of  common  pleas 
from  district  courts  and  courts  for  the  trial  of  small  causes;  attach- 
ments issued  out  of  the  circuit  court;  mechanic  liens;  recognizances 
entered  into  before  the  county  criminal  courts — and  also  filed  by  the 
committing  magistrates;  bonds  given  to  sheriffs  as  in  replevin  cases, 
etc.,  all  of  which  are  generally  liens  until  outlawed  or  cancelled  upon 
the  real  estate  of  defendants,  etc.,  and  must  be  carefully  searched  pend- 
ing the  transfer  of  real  estate;  other  records  entered  in  the  progress 
of  suits  and  proceedings  are  executions,  receipts  for  payment  of  trans- 
fer  inheritance    tax,    condemnation    proceedings,    etc. 

The  indices  in  this  office  of  records  affecting  real  estate  are  not  ex- 
celled in  any  office  in  the  state,  and  the  work  of  the  title  searcher  is 
made  an   easy  task. 

"Says  Fairlie:  "The  office  of  recorder  is  clearly  an  important  one. 
The  protection  of  property  rights  is  in  a  large  measure  dependent  on 
the  accuracy  and  honesty  of  the  records,  but  the  duties  can  hardly  be 
considered  political  or  such  as  to  make  necessary  the  present  system  of 
popular  election  to  the  .position.  Indeed,  the  elective  method  by  pro- 
moting frequent  changes  in  the  personnel,  prevents  the  development 
of  the  most  efficient  expert  service."     Local  Government,  p.  130. 


(101) 


part  of  clerks  and  employees  of  the  register's  office." 
The  register  appoints  a  deputy  and  such  assistants  as  are 
necessary;  these  appointments  are  confirmed  by  the 
board  of  freeholders,  and  the  salaries  fixed  by  that  board 
also.  The  total  salary  expense  of  this  office  to  the  county 
is  about  $75,000  a  year,  and  the  receipts  about  $50,000. 
The  register,  like  the  clerk,  should  be  appointed  by  the 
justice  of  the  supreme,  court.  Under  the  present  elective 
system  the  position  of  register  has  become  merely  a  prize 
for  political  workers. 

THE  SHERIFF 

Although  the  sherifT  in  Hudson  County  has  become  lit- 
tle more  than  the  ministerial  officer  of  the  county  courts, 
the  office  itself  retains  to  a  large  extent  its  historical  po- 
sition   of    leadership    due    to    its    important    j^olitical 


"Indexing  of  land  record.s  in  this  office  is  the  most  responsible  work 
done  in  the  court  house.  Two  index  systems  prevail,  side  by  side,  viz: 
the  Lusk  Analytical  Index  and  a  Block  System,  together  constituting 
in  theory  a  perfect  system.  From  many  errors  made  in  it,  the  searcher, 
however,  regards  the  Block  .System  as  unsafe  for  title  or  responsible 
work,  and  adds  very  materially  to  his  labors  by  also  searching  the  Lusk 
System.  Lack  of  efficiency  in  running  the  Block  System  deprives  Hud- 
son County  of  the  full  value  of  the  very  best  index  to  its  land  records 
since  1889.  A  verification  of  the  past  work  of  the  Block  System  would 
correct  the  inaccuracies  provided  sliilled  experts  did  the  verifying.  This 
Block  System  excels  that  in  force  in  New  York  City  in  that  short  de- 
scriptions of  property  affected  are  entered  in  the  index.  The  maps  of 
Hudson  County  since  1889  are  all  Indexed  on  the  Block  System  and  are 
well  kept  by  competent  clerks.  This  system  of  map  indexing  has  been 
lately  copied  and   introduced   in  New  York   City. 

The  primitive  method  of  copying  instruments  into  record  books  pre- 
vails (although  typewriting  is  employed)  depending  upon  the  accuracy 
of  the  individual  clerk,  whose  attention  is  seldom  riveted  on  his  work. 
New  methods  are  being  tried  elsewhere  and  may  yet  give  better  re- 
nults,  the  photographic  metliod  being  best,  but  needing  perfecting  as  .-i 
process.  Printing  by  a  respon.sible  contractor  is  yet  too  expensive  but 
can  be  made  less  so  by  having  Title  Companies  and  others  subscribe  for 
copies  of  the  records  and  thereby  reduce  tlie  cost;  until,  tlierefore,  some 
of  these  methods  take  the  place  of  the  present,  or  until  registration  of 
titles  (Torrens  system)  Is  generally  adopted.  In  which  instruments  are 
only  filed  and  not  n  corded  at  lengtli.  the  real  «'state  owners  must 
struggle  with  the  archaic  and  suffer  from  t-riors  of  mental  antl  other 
lapses  of   the  entering  and   copying  clerks. 

The  Hudson  County  records  meet  with  ci'itlcism  In  this  respect,  m* 
exampled  by  the  lecent  action  of  Building  anil  Loan  Association  officers 
complaining  of  errors  In  the  records — while  every  real  estate  lawyer 
can  give  Instances  of  trouble  and  coat  caused  to  clients  by  the  clerical 
shortcomings  of  tlie  county   t-mployees   In   this  otilce. 


(102) 


aspects.''      As    a    rriinistta'ial  .olfiVer    t^^^^^^^^  of  the 

sheriff  consist  chiefly  in  carryini*'  out  the  orders  of  the 
courts.  For  the  serving'  of  court  })a})erK  the  sheriff  re- 
ceives varions  fees  whicli  are  i'e])orted  l)y  liiin  to  the 
county  collector  under  the  heads  of  courts,  executinii; 
chancery  writs,  executing  chancei'y  executions,  executing 
law  writs,  executing  miscellaneous  writs,  lines  and  costs, 
drawing  jurors,  transportation  of  law  executors.  In  its 
political  aspects,  on  the  otlier  hand,  the  office  of  sheriff', 
presents  attractive  features  on  account  of  the  opportuni- 
ties it  affords  to  whoever  aspires  to  be  the  political  leader 
of  the  county. ^^ 

The  sheriff  in  Hudson  County  is  elected  for  a  term  of 
three  years;  he  receives  a  salary  of  $10,000  a  year.  He 
may  appoint  an  under-sheriff,  and  such  other  clerical  as- 
sistants as  may  be  necessary  to  the  performance  of  his 
ministerial  duties.^^  All  appointments  and  the  amount 
of  the  respective  salaries  involved,  are  confirmed  by  the 
board  of  freeholders.  The  sheriff  may  also  appoint  all 
officers  in  connection  with  the  management  of  the  county 
jail.^^ 

JURY  REFORM 

One  of  the  chief  sources  of  the  sheriff's  power  is  in  his 
authority  to  select  juries.  Formerly  this  function  was 
placed  entirely  in.  the  sheriff's  control,  with  the  result, 
that  it  often  opened  the  way  to  lawlessness  among  cer- 
tain classes  who  were  of  the  same  political  party  as  the 
sheriff.  Thus,  in  many  instances  the  sheriff  selected 
grand  juries  which  were  relied  upon  to  protect  the  per- 
petrators of  huge  election  fraui^s.     The  party  ''bosses" 


*- In  Hudson  County  the  preservation  of  law  and  order  is  more  di- 
rectly under  the  supervision  of  the  police  departments  in  the  several 
contiguous  municipalities,  than  it  is  under  the  active  control  of  the 
sheriff.  •  ■ 

"The  present  incumbent  (1915)  resig-ned  his  seat  in  Congress  to  as- 
sume the   sheriff's   office. 

"In  Hudson  County  the  court  appoints  and  maintains  forty-three  con- 
stables, or  court  attendants  as  they  are  now  called,  to  carry  out  the 
orders  of  the  coint.s  and  act  generally  as  court  attendants.  These  are 
directed  by  the  sheriff.  The  annual  expense  of  the  constables  is  about 
$54,000.  In  the  constable  system  lies  the  nucleus  for  a  state 
constabulary. 

"Supra,  Ch.   4. 


(103) 


♦rontrolk'cl  tlw  shoritT,  tho  slieiiff  selected  tlie  grand 
juries,  and  the  grand  juries  refused  to  indict.^'"'  The  sit- 
uation was  ai>tly  described  by  Governor  Wilson  thus: 
''A  system  of  njixed  politics  and  government  whose  prac- 
titioners have  been  bad  men.  They  have  been  profes- 
sional i^rfictitioners  which  may  be  taken  as  accounting 
for  their  swrcess.  If  tlie  sherifl'  belonged  to  a  gang,  the 
grand  jury  was  dei)ended  u})on  not  to  go  too  far.  The 
prosectuor,  if  he  belongs  to  a  gang,  will  be  'discreet.'  The 
judge  may  be  complaisant.'' 

In  May^  191.>,  the  legislature  passed  two  acts  relating 
to  jury  reform,  one  of  which,  popularly  called  the 
Chancellor-Sheriff  act,  was  subsecpiently  adopted  in 
Hudson  County  by  popular  referendum.  Under  the  terms 
of  this  act  the  sheriff  is  still  permitted,  however,  to  par- 
ticipate in  the  selection  of  juries.  "The  Chancellor- 
Sheriff  act  provides  for  the  ai)pointment  in  each  county 
by  the  chancellor,  of  a  citizen  who  shall  be  resident  in 
that  county^  of  an  opposite  political  party  from  the 
sheriff,  who  with  the^  sheriff  shall  be  designated  Commis- 
sioner of  Jurors.  Presumably,  the  powers  of  the  commis- 
sioners are  equal.  But  the  fact  that  the  commissioner 
appointed  by  the  chancellor  holds  office  for  one  year,  and 
the  sheriff  for  three  years  would  in  the  ordinary  course, 
increase  the  weight  and  dominance  of  the  sheriff."^" 
Thus,  according  to  Judge  Charles  L.  Carrick,  "The  diffi- 
culty with  our  juries,  both  grand  and  petit,  arises  from 
their  selection  by  partisan  sheriffs,  not  w^ith  the  idea  of 
representing  the  int(^lligence  and  moral  sense  of  the  com- 
munity, but  to  accom])lish  political  and  private  ends,  and 
to  keep  certain  classes  of  law  breakers  immune  from  the 
operation  of  the  law.  No  remedy  will  be  adequate  which 
leaves  the  choice  of  jurors  in  tlie  hands  of  the  sheriff." 
Experiences  under  tin*  new  act  since  1913  shows  a  slight 
improvement  in  the  p(a"sonn(»l  of  the  juries  in  Hudson 


"  For  ii  pojtular  ucooiint  of  the  ofTorts  of  Oovornor  Wilson  to  sooiiro 
a  Jury  reform  uct  set-  .Sackclt;  Modern   Batth-s  of  Trenton,   Chapter   3!i. 

"  From  an  article  l>y  Hon.  Charles  L.  Carriek  In  the  Citizens  Hulle- 
lln,  October.    Ifll.T. 


(104) 


■County.'^  Tlio  jiraud  .iiiiy  iiivostigatioiis  Iroiii  time  to 
time  liave  a  wliolosonie  ot't'ect  on  the  eoiinty  administra- 
tion. Administrative  olHcers  are  kept  on  the  alert  in 
preventing-  their  individual  departments  from  coming  to 
the  attention  of  the  grand  jury  investigators. 

THE  PROSECUTOR  OF  THE  PLEAS 

The  prosecutor  of  the  pleas,  as  he  is  called  in  New  Jer- 
sey, is  appointed  by  the  governor  with  the  advice  and 
consent  of  the  senate.  He  holds  office  for  five  years  and 
receives  a  salary  of  $8,000  a  year,  which  is  paid  by  the 
<'ounty.  He  has  the  power  to  appoint  two  assistant  pros- 
ecutors, the  first  assistant 'receives  $6,000  a  year  and  the 
second  assistant  $4,000  a  year.^"  The  prosecutor  of  the 
pleas  is  charged  with  the  prosecution  of  all  persons  ac- 
cused of  crime  under  the  laws  of  the  state.  In  perform- 
ing his  duties  the  prosecutor  of  the  pleas  in  New  Jersey 
acts  as  an  assistant  to  the  attorney  general  of  the  state. 
The  law  i^rovides  that  there  shall  be  "appointed  in  each 
county  some  fit  i^erson  prosecutor  of  the  pleas  in  the  ab- 
sence of  the  attorney  general ;  and  further,  to  do  and  per- 
form such  acts  and  things  in  behalf  of  the  state  in  and 
about  such  prosecution  as  the  attorney  general  might  or 
ought  to  do  if  personally  present.  "^^  The  expenses  of 
the  prosecutor's  office  are  paid  by  the  county  and  are  in- 
<3ltided  in  the  judicial  appropriation. 

THE  CORONERS 

The  constitution  of  New"  Jersey  provides  that  coroners 
shall  be  chosen  in  the  respective  counties  who  "shall  be 
elected at  the  elections  for  members  of  the  general 


"Laws  1913.  Ch.  20.  In  his  measure  to  the  legislature  in  January, 
1915,  Governor  Fielder  recommended  an  amendment  to  the  Chancellor- 
Sheriff  jury  act,  stating-,  "it  is  the  intention  of  the  act  that  no  jury 
commissioner  shall  be  of  the  same  political  party  as  the  sheriff  of  his 
county,  but  jury  commissioners  are  appointed  for  one  year,  and  there 
is  no  direct  provision  for  vacating-  the  office  upon  the  election  of  a 
sheriff  belonging  to  the  same  party." 

"Laws  1908,  p.  137,  Sec.  1.  The  first  assistant  prosecutor  is  required 
by  law  to  attend  the  sessions  of  the  grand  jury.  The  prosecutor's  office 
employs  numerous  detectives. 

'•Laws  1877,   p.   56,  Sec.   1. 


(105) 


assembly,  and  they  shall  hold  their  oltice  lor  three 
years."  There  are  three  eoroiiers  in  Hudson  County,  one 
of  which  is  elected  every  year.  Their  compensation  is 
paid  by  the  county  in  the  form  of  fees  for  actual  services 
instead  of  on  the  fixed  salary  basis.  The  annual  expense 
for  coroner's  services  is  about  five  thousand  dollars.  As 
stated  above,  the  coroner's  system  has  been  modified  to 
some  extent  in  New  Jersey,  in  that  inquests  may  be 
lield  only  upon  the  authorization  of  the  county's 
expert  medical  examiner.-'  The  functions  of  the  coro- 
ners comprise  the  holding  of  in(iuests,  emi)aneling  of 
juries  and  summoning  of  witnesses,  and  the  attending  to 
all  duties  in  securing  a  verdict  in  cases  where  death  is 
attended  with  suspicious  circumstances  and  has  called 
for  an  inquest  by  the  coroner. 

PROBATION    office: 

The  probation  officer  is  an  officer  of  the  courts  who 
serves  as  a  means  of  ascertaining  whether  offenders 
against  the  law  may  be  ]ilaced  on  ])robation  rather  than 
be  sentenced  to  the  ])enal  institutions.  Authority  was 
granted  in  1906  to  the  judges  of  the  court  of  (piarter 
sessions  to  appoint  a  probation  officer  for  the  county.^' 
The  act  also  provided  that  assistant  probation  officers 
might  be  appointed  by  the  chief  probation  officer,  with 
the  apj)roval  of  the  board  of  freeliolders.-^  The  ]>robation 
officer  keeps  a  full  record  of  the  investigations  made  by 
his  assistants  into  each  case  which  has  been  committed 
to  his  care.  When  so  required  by  the  court,  he  must  in- 
quire into  the  antecedents,  character,  and  the  offense  of 
any  such  person  convicted  of  crime.  On  the  record  of 
such  investigation  the  court  may  order  the  release  on 
probation  of  the  person  convicted.  Section  1  of  tlie  act 
of  1907  ])i"ovides:  "Tn  case  the  recoid  of  any  i)erson  con- 
victed of  crime  shall,  in  the  judgment  of  the  court  in 
which  the  conviction  is  had,  so  justify,  the  court  may,  in- 
stead of  imposing  the  ])ena1ty  ])r(>vided  by  law  for  such 


^    Siipia.   Ch.   5. 

«  I^aws  190C,  p.   15G. 

^  Womon   may   be  appolnlfd   as   assistants   tu   prolm  t  ion   <ifTlr»-r. 

(lor,) 


crime,  order  him  to  be  released  on  i)n)l)a1i(ni  under  Uie 
care  of  the  probation  officer  of  the  county  for  such  time 
and  upon  such  conditions  as  th-^  court  in  its  order  may 
determine,  which  conditions  may  include  a  susi)ension  of 
sentence,  the  payment  of  a  fine  or  the  costs  of  prosecu- 
tion or  both,"^^ 

The  probation  officer  may  arrest  and  recommit  tliose 
probationers  who  may  violate  the  terms  of  their  parole. 
The  more  important  duties  of  the  Hudson  County  proba- 
tion officer  comprise  attendance  at  courts,  kee])inj<  control 
over,  and  in  touch  with,  the  probationers  placed  under  his 
charge.  Since  the  establishment  of  the  department  the 
amount  of  work  has  gradually  increased  until  about  1800 
probationers  have  come  under  the  control  of  the  proba- 
tion office. ^"^  This  number  requires,  the  services  of  per- 
sons well  qualified  to  deal  with  the  various  kinds  of 
cases  coming  within  the  province  of  the  probation  office. 
The  following  news  clipping  will  illustrate  the  qualities 
sought  in  selecting  suitable  ]iersons  for  work  of  inspec- 
tion:   ''Miss methods  in  dealing  with  criminally 

negligent  parents  and  her  fearlessness  were  evidenced  in 
an  incident  which  occurred  early  in  her  experience  as  a 
school  nurse.    She  was  assigned  to  look  up  a  child  living 

in Street  in  one  of  a  row  of  two  story  brick  hovels. 

She  knocked  at  the  door  and  was  refused  admittance  to 
the  house.  Convinced  from  the  reports  she  had  received 
that  the  child  was  badly  in  need  of  succor,  being  half 
starved,  sick  and  neglected,  she  went  to  the  house  next 
door,  climbed  to  the  roof  l)y  way  of  the  skylight,  lifted 
the  skylight  to  the  house  she  desired  to  inspect  and 
descending  the  ladder  walked  in  upon  the  drunken 
mother  and  father  of  the  child.  She  sent  the  child  to  the 
hospital  and  caused  the  arrest  and  prosecution  of  the 
parents." 

COURT  EXPENDITURES 

students  of  Hudson  County  government  may  echo  the 
remarks  of  Mr.    Otto  G.    Cartwright,    Secretary  of   the 


"Laws  1907.  p.  465. 

"The   number    increased    from    400    to    1.800    in    ei^ht    years.      Minutes 
freeholders   1913,   Feb.    13. 


(107) 


Westchester  County  (N.  Y.)  Bureau  of  Municipal  Re- 
search, who  said  recently,  "One  of  the  greatest  needs  of 
the  community  is  the  reduction  of  the  cost  of  administer- 
ing justice,  and  the  expedition  of  the  trial  of  causes  and 
the  delivery  of  .iud,gment.  The  drafting  of  jurors,  the 
granting  of  exemj>tions,  the  question  of  repetition  of 
services  and  fees,  and  all  the  multitudinous  exjrenses  of 
court  services  which  seem  to  tlie  layman  exoi'bitant  and 
useless,  need  to  l)e  studied  and  metliods  devised  of  freeing 
the  poor  man  from  as  much  of  this  burden  as  possible.  "^^ 
Supervisor  James  F.  O'Mealia  in  his  message  of  Janu- 
ary, 1914,  said:  "The  appropriations  for  this  and  last 
year  were  $250,000  and  we  have  had  to  make  up  a  defi- 
ciency each  year  of  about  $50,000.  This  seems  to  be  and 
is  a  very  large  sum  of  money  for  the  conduct  of  the 
courts.  It  seems  reasonable  to  me  that  the  sum  of  $250,- 
000  is  ample  funds  for  this  purpose,  and  efforts  should 
be  exerted  to  keep  within  this  appropriation.*' 

An  analysis  of  tlie  ex])enditure  for  ''courts"  was  pub- 
lished recently  and  is  appended  to  show  what  items  of 
expense  must  be  met  each  year  in  connection  with  the  ad- 
ministration of  justice  in  Hudson  County. 

DISBURSEMENTS — 1012-13. 

Salaries,  Supreme  Court,  Circuit  Court,  Common    Pleas  Court. 

Juvenile   Court    and    Probation    Office.    (Does    not    include 

Salary   of   Supre.-ne   or   Circuit    Court   Judge) $57,878.77 

Salary,   Jury   Clerk    1.800.00 

Salaries,     Index    and     Retranscribing    Clerks     in     Surrogate's 

Office     10,629.64 

Salaries.     Index    and      Re-transcribing     Clerks    in      Register's 

Office  for  the   j.eriod  ending  Nov.   30.   1912 1.352.50 

Salaries    of   Court    Officers    46.530.94 

Taxed    Bills    of    Costs    43,046.13 

Jurors'    Fees,    paid    Sheriff     *24.343.97 

Drawing    and    summoning    Jurors    6.883.89 

Metal    Discs    for   drawing   Jurors    144.00 

31.371.86 

Salaries,    Prosecutor's    Ollicf     $39,435.65 

Special    Investigations     9,653.92 

Expense    of    Prosecutors    and    Deti-ct Ives 3,495.34 


••  Address   before    the    N<;w    Yorii    State    Conferent'o    for   Count)'    Better- 
meat,    November,    1914,   Schenectady,    N.    Y. 


(108) 


police    Expenses     853.3  8 

Coach   and   Automobile   Hire    428 .  25 

Transcripts    of    Testimony     408 .  15 

Photographs    261.00 

54,535.49 

Transportation  of  Prisoners    .' 2,160.09 

Witness    Fees     1,079.26 

Expenses,    Probation   Officer    1,578 .  89 

Serving  Subpoena?,    Capiases,    etc 2,958.15 

Printing-,   Stationery  and  Law  Books    3,374.53 

Rent   of  Judges'   Chambers    442 .  00 

Extra    Expenses — Elections    320 .  30 

Expenses,   Juvenile   Court   Attendants    108.75 

Typewriter  for  Juvenile  Court    83.03 

391.78 

Watchman    for    Charlton     58 . 1 7 

Transfer  to: 

County   Clerk's   Fees   and   Expenses    $14,368.31 

Surrogate's   Fees  and   Expenses    1,431.21 

16,799.52 

Total    Charges    $275,108.02 

Credit   Balance   at   Nov.    29,    1913    $275,199.56 

NOTE:     From  Citizens'   Bulletin,   Feb.    1914. 


(109) 


CHAPTER  IX 

COL'XTY    FINANCIAL    ADMINISTRATION 

Every  municipality  witliiu  the  limits  of  the  several 
counties  in  New  Jersey  levies  annually  a  state  school,  a 
county,  and  a  local  nuinicii)al  tax.  In  New  Jersey  the 
state  dc^pends  for  the  most  part  on  revenue  derived  from 
taxes  other  than  the  jii^eneral  ])roperty  tax.  The  revenues 
which  ai'c  utilized  for  state  pui]>oses  are  taxes  on  first 
(ilass  railroad  property,  license  taxes,  inheritances,  cor- 
})orations,  bank  stock,  etc.  The  state  school  taxes  differ 
from  the  other  kinds  of  state  revenue  in  that  they  are 
collected  by  the  local  city  and  town  tax  collectors.  They 
are  then  paid  to  the  county  collector  to  be  turned  over  by 
that  officer  to  the  State  Treasurer.^  The  municipalities 
and  the  counties,  on  the  othei'  hand,  depend  on  the  gen- 
eral property  tax  as  their  chief  source  of  revenue.  In- 
creasing municipal  and  county  expenses  must  be  met  by 
increasing  the  local  tax  rates,  by  adding  new  ratables, 
and  by  raising  the  assessed  valuation  of  local  tax  rat- 
ables. Since  the  sources  of  local  municipal  and  county 
revenue  are  closely  prescribed  by  law,  the  local  taxing 
officials  have  no  discretion  in  adopting  new  sources  of 
local  revenue. 

But,  though  the  county  and  municipal  authorities  arc 
restricted  to  the  administration  of  the  general  jiroperty 
tax  as  their  main  source  of  revenue,  the  county  derives 
certain  minor  revenues  from  other  sources  as  well.  These 
include  all  fees  of  the  county  officers,  boards,  courts,  etc.; 
all  interest  moneys  on  county  deposits;  certain  franchise 


•  An  apportionment  of  school  funds  among'  the  counties  Is  made  by  the 
•state  board  of  education.  While  this  apportionment  works  a  hardship 
upon  Hudson  County  in  that  the  county  receives  much  less  than  It  con- 
tributes, it  must  be  remembered  that  the  public  education  Is  a  function 
for  the  state  at  larpre  to  support  and  that  the  county  receives  certain 
other  funds  In  return  from  the  state  In  support  of  insane,  tuberculosis, 
roads,  etc.,  all  of  which  tends  to  preserve  a  more  equitable  balance. 


(110) 


fees  from  electric  coiiipauies  niakiiii^  use  of  comity  prop- 
erty; certaiu  kinds  of  permits;  state  aid  in  institutional 
(;are  for  the  insane  and  tuberculosis;  state  aid  in  high- 
way improvements,  besides  various  other  funds  which 
are  derived  from  the  sales  of  county  property  and  pro- 
duets.  While  some  of  these  items  are  of  a  variable  and 
somewhat  uncertain  nature  they  nevertheless  constitute 
an  important  part  of  the  annual  receipts  of  the  county, 
jind  as  such  they  are  relied  upon  each  year  as  funds  which 
may  be  applied  to  the  expenses  of  the  county.-  The  pos- 
sibilities of  increasing  such  sources  of  revenue  are  par- 
tially obscured  to  the  official  and  to  the  public,  for  the 
reason  that  the  annual  tax  budgot  makes  little  mention 
of  such  estimated  revenue  in  connection  Avith  its  state- 
ment of  the  estimated  expense  of  the  county.  It  would 
seem  that  it  has  not  been  the  imperative  obligation  of 
any  one  department  to  be  responsible  for,  and  to  increase 
such  revenues  to  their  fullest  extent. 

At  present  the  opportunities  for  increased  sources  of 
county  revenue  are  few;  accordingly  the  question  how  to 
provide  for  the  increasing  items  of  county  expenditure 
resolves  itself  chiefly  into  a  discussion  of  how  best  to  elim- 
inate needless  expenditure.^  To  illustrate:  Within  the 
])ast  fifteen  years,  the  legislature  has  changed  the  large 
fee  offices  of  the  counties  from  the  fee  to  the  salary  basis; 
that  is,  officers  now  receive  fixed  salaries,  instead  of  be- 
ing permitted  to  keep  their  fees.  It  was  thought  that  the 
large  profits  accruing  to  the  county  officials,  who  were 
at  that  time  permitted  to  keep  all  fees  collected  by  them, 
would  henceforth  be  turned  over  to  the  county  and  be- 
come a  source  of  income.  Experience  was  the  reverse; 
with  the  introduction  of  the  salary  system  into  these 
offices,  the  clerical  and  working  force  of  each  was  so  in- 
creased that    at  the   present    time  they    are  run  at    an 


'The  receipts  from  such  sources  in  1S13-1914  were  about  ?300,000.  See 
report  of  the  CoUector  1913-1914,   p.   16-20. 

'A  slight  increase  in  the  number  of  polls  assessed  In  Hudson  County 
in  1914  caused  a  correspondingly  slight  increase  in  the  revenue  from 
that  source.  In  1913  there  were  8,112  poUs  assessed;  in  1914  there 
were  26,651. 


(Ill) 


annual  deficit  to  the  county  whereas  under  the  t'onner 
system  the  official  incumbents  were  supposed  to  become 
wealthy  out  of  the  profits  involved.  Thus,  with  evi- 
dence from  i^ast  experience  to  sliow  that  the  county  is 
being  deprived  annually  of  a  possible  source  of  revenue, 
the  responsibility  of  such  a  condition  rests  upon  the 
board  of  freeholders  who  have  tlie  power  to  fix  the  sal- 
aries of  employees  in  all  such  offices,  thereby  enabling 
them  to  determine  the  number  of  employees  needed.  The 
question  is  simply  one  of  economy. 

At  the  present,  the  county  revenue  is  su])plied  for  the 
most  part  by  thirteen  separate  nnmicipalities  as  follows:* 

City   of  Jersey   City    $1.438,512. 2.> 

City   of   Bayonne    312.199.24 

City  of  Hoboken    400,809.15 

Township    of   North    Bersen    68,873.86 

Borough    of    Secaucus    19,430.13 

Town    of   West    Hoboken    142.467.15 

Town  of  West  New  York    91.632.56 

Town    of  Union    80.703 .  03 

Township    of   Weehawlven    110,188.23 

Township   of   Guttenberj?    18.332.93 

Town   of   Kearny    105.460.36 

Town    of   Harrison    69.321 .  40 

Borough    of   Kast    Newark    18,255.22 

Total    Iie(?eipts    $2,866,185.71 

Thus  it  will  bo  noted  that  over  one-half  of  the  county's 
revenue  comes  from  its  largest  municipality,  Jersey  City. 
This  apportionment  among  the  municipalities  is  made  on 
the  basis  of  the  com])ined  assessed  valuation  of  all  real 
estate,  second  class  railroad  proi)erty  and  personal  prop- 
erty which  is  taxable  in  each  municipality.''  The  task 
of  apportioning  county  taxes  among  the  municipalities 
belongs  to  the  county  board  of  taxation.  This  Itoani 
also  fixes  the  local  tax  rates." 

Primarily,  therefor(»,  collection  of  county  taxes  is  in  tlu' 


'Report  of  County  Colleotor.   191S,   p.   18. 

"The  total  not  valuations  taxable  In  Hudson  County  for  1015  were 
$538,748,794,  and  the  total  amount  of  exempt  property  $48,566,593.  Thus 
the  amount  of  exempt  pi<>))eil\-  Is  about  one-eleventh  of  the  mt  valu- 
ation  which   Is  taxable,     llild   p.   t>^>. 

•Supra,  Ch.  6. 


(112) 


hands  of  thirteen  separate  municipalities;  each  munici- 
pality has  its  tax  assessors  and  tax  collector.  It  is  re- 
quired of  each  local  tax  collector,  that  ''before  the  22nd 
day  of  December  out  of  the  first  money  collected ' '  he  shall 
pay  to  the  county  collector  of  the  county,  the  state  and- 
county  taxes,  required  to  be  assessed  in  his  taxing  dis- 
trict.'^ Abuses  have  appeared  in  this  system  from  time 
to  time.  Municipalities  have  in  some  instances  been 
slow  to  pay  the  full  amount  of  their  county  taxes,  due  to 
the  failure  to  collect  jDromptly.  On  this  account  the 
county  has  been  forced  frequently  to  borrow  money  in 
anticipation  of  taxes  for  current  expenses.^  Thus  the 
tendency  towards  disorder  in  the  collection  of  county 
taxes  was  pointed  out  by  the  supervisor  in  his  message 
of  January,  1913;  he  said:  *'A  question  which  I  am  in- 
formed causes  great  trouble  in  the  collection  of  county 
taxes  is  the  fact  that  the  fiscal  year  of  all  municipalities 
does  not  begin  at  the  same  time.  If  possible,  this  should 
be  remedied  by  legislation. ' '® 

The  expenditures  of  the  county  are  governed  in  the 
main  by  the  act  relating  to  county  expenditure  of  1878  as 
amended  in  1902. ^^  The  principal  items  of  county  ex- 
penditures are  included  and  classified  in  this  act,  but 
there  are  other  expenses  which  the  county  is  obliged  to 
meet  besides  those  mentioned  in  the  regular  act.  These 
have  been  created  from  time  to  time  by  the  legislature 
until  they  have  recently  amounted  to  about  one-fourth  of 
the  total  annual  appropriation.^^  The  act  of  1878  pro- 
vided for  a  classification  of  county  expenditures  under 
three  divisions,  namely:  Current  Expenses,  Debt  and 
Interest,  and  Public  Works.    This  classification  has  been 


'Compiled   Statutes  New   Jersey,    p.    5125. 

'The  comptroller's  report  for  Jersey  City,  1913,  showed  an  enormous 
amount  of  unpaid  taxes  running  back  through  the  ten  years  previous. 
Page  6. 

'Minutes  of  Freeholders,  1913,  p.  5.  The  county  collector,  Mr.  Fred- 
erick Rider,  in  1914  announced  that  all  taxes  due  the  county  from  the 
municipalities  has  been  paid  by  the  end  of  June  of  that  year.  See  report 
of  collector,  p.  8. 

"Law  1878,   p.   248,  L  1902,  p.   188. 

"See  Schedule   "B"   of  appropriations   1914-1916.. 


(113) 


followed  strictly  in  some  respects,  while  in  others  it  lias 
been  depaited  from  in  praetiee.  P^or  example  Hudson 
County  still  api>i(>piiates  seiui)ulously  a  certain  amount 
each  year  for  "incidentals,"  but  it  does  not  so  carefully 
classify  the  budget  accordin.n'  to  the  three  headinji:s 
specified  above.  Instead,  all  expenditures  are  classified 
under  "A,"  Expenses  controlled  by  the  freeholders,  "B." 
Expenses  not  controlled  by  the  freeholders,  "C."  Bonded 
Debt,  princi|)al  and  interest. 

The  act  of  1878  prescribes  a   classified    form  for    the 
county  expenditures  on  the  following  order. 

I.  CURRENT  EXPENSES 

Courts. 
County  Jail. 
County  Penitentiary. 
County  Poor  House. 
Other  Institutions. 
Supi)ort  of  Lunatics. 

County 

State 
Compensation  and  Expenses  of  freeholders  and 

committees. 
Salaries  of  Officers 
Fees  of  Coroners. 
Elections. 
Stationery 

Advertising,  Publishing  and  Printing. 
Incidental  Expenses. 

II.  DEBT  AND  INTEREST 

Payment  for  principal  of  bonded  debt  falling 

d*K^  each  year,  or  for  sinking  fund. 
Payment  of  interest  on  bonded  debt. 
Paypnant  of  bank  discounts  on  temporary  loans. 

III.  PUBLIC  WORKS 

Pe^-manent   improvement   ]niblic   buildings   and 

grounds. 
Erection  and  repair  of  bridges  or  culverts. 
Improvi^ment  and  repair  of  public  highways. 
For  the  use  of  county  park  commission. 

(114) 


But  the  inaniior  in  which  the  act  is  followed  in  mak- 
ing appropriations  for  the  county  at  present,  may  be 
illustrated  by  referring  to  the  following  list  of  lump  sum 
appropriations  adopted  by  the  board  of  freeholders  in 
July,  1913,  for  the  fiscal  year  beginning  December  1, 1913: 

ESTIMATED    EXPENDITURES,    HUDSON    COUNTY 

SCHEDULE  A.     APPROPRIATIONS  WHICH  ARE   EXPENDED  BY  THE 
BOARD    OF    FREEHOLDERS. 

1913-1914 

Public  Grounds,   Court   House   and   Jail    $  150,000 

County      and      State      Lunatic      Asylum      S;i50,000,      less      $75,000 
estimated    to     be    paid    by     State     for    support     of     indigent 

patients    75,000 

Alms   House   and   Hospital    Annex    120,000 

Penitentiary    75,000 

Smallpox   Hospital    6,500 

Storeroom    7,500 

County   Stables    10,000 

Compensation,   County   Supervisor   and   Members    16,000 

Salaries   of  officers    39,000 

Printing,   advertising   and    stationery    15,000 

Incidentals    15,000 

South    Bridges    5,000 

North   Bridges    25,000 

West  Hudson   Bridges    21,000 

Public   Highways    40,000 

Lighting  of  Public  Highways   14,000 

Mechanics,   not  attached  to  any   institution    50,000 

Newark  Plank  Road  and  Bridges 22,000 

Engineering    Department    13,000 

Department   of  Weights    and   Measures    3,000 

Soldiers'    and    Sailors'    burials    6,500 

SCHEDULE  B.   APPROPRIATIONS  WHICH  ARE  EXPENDED  UNDER 

THE  CONTROL  OF  BODIES  OTHER  THAN  THE 

BOARD  OF  FREEHOLDERS 

Tuberculosis  Hospital   $115,000   less    $25,000   estimated   to   be  paid 

by   State  'for   support   of   indigent   patients 90,000 

Courts,   etc 250,000 

State  Board  of  Children's  Guardians    45,120 

Fees   of  Coroners,   etc 6,000 

Expenses  of  Elections    145,000 

County  Board  of  Health  and  Vital  Statistics    16,336 

County  Board   of  Taxation    12,000 

Hospital  for  Contagious  Diseases    6,000 

Boulevard   Commissioners    175,000 

Epileptics   and   Feeble-minded   Children    6,000 

Maintenance  New  County  Parks    100,000 

Mosquito   Extermination   Commission    29,818 

For  the  payment  of  Widows'  Pensions   (Laws  of  1913) 20,000 

For  the   support   of    indigent   poor   in   public    hospitals    of   the 

county.      (Chapter  312  Laws  of  1913)    25,000 


(115) 


SCHEDULE    C.      APPROPRIATIONS    FOR    THK    PAYMENT    OF    DEBT, 
INTEREST  AND   SINKING   FUND   CHARGES. 

Principal   Newark    Plank   Road   Bonds    1,500 

Payment  of  bonded  debt  falling  due  in   year   162,646 

Payment    of   interest    on    county    bonds    478,931 

Payment   of   interest    on    iirospective   bond    issues    42.000 

Payment    of   interest    on    Park    Comm.    bonds    117,600 

Principal    of  Viaduct   bonds    16,000 

Principal  of  refunded   War  Renewal  bonds    15,000 

Principal    of   Park    Commission    bonds    15,000 

Principal  of  new  County  Bridg^e  bonds    20,000 

Principal   of   new   Public   Main   Road   bonds    20,000 

Principal  of  new  Hackensack  River  Bridge  bonds   6,000 

Principal  of  new   Alms   House   bonds    3,000 

Principal   of  Passaic   River   Bridge   bonds    3,600 

Principal   of  new  Public  Branch   Road   bonds    5,000 

Principal    of    Boulevard    Repair    bonds    15,000 

Principal   of  Baldwin   Avenue   Bridge   bonds    ,1,500 

Principal   of  Asylum   Additional    bonds    8,500 

Principal   of   Belleville    Turnpike    Impt.    bonds    3,500 

Principal  of  Paterson  P.   R.   (W.  S.)   bonds    60,000 

Principal   of  new  County   Buildings   bonds    20,000 

Principal    of  Tuberculosis   Hospital    bonds    1.000 

Principal   of  Paterson   I'lank   Road   Imp.    bonds    

Special    appropriation     for    grading     and    sodding     Court    House 

grounds    5.000 

Special    appropriation,    deficiency    interest    1910-11 ■ — 

Special    appropriation,    deficiency   courts    1911-12    

Totals    ?2, 674. 552 

$191,000 

SPECIAL:       APPROPRIATIONS      FOR      COUNTY     OFFICES.     SIToWlXG 

ANTICIPATED  REVENUE   FROM   FEES. 

For  salaries  of  Register  and   Employees    75,000 

For  salaries  of  County  Cleric  and   Employees    50.000 

For  salaries  of  Surrogate   and   Employees    32.000 

For  salaries  of  Sheriff  and   Employees   34.000 

A  Total  of    $191,000 

Less    the    estimate     revenues    from     said    offlces     for    the     fiscal 
year,  to- wit: 

Register    $58,000 

County  Clerk    44.000 

Surrogate    27.000 

Sheriff    62.000 

•A  Total   of    $191,000 

Mandatory  oxppnrlitnro.<=;  Avliicli  arc  fixod  on  tlic  county 
by  Riiccial  statute,  arc  destructive  to  an  orderly  system 


•  The  budget  as  adopted  thus  portends  to  show  that  the  four  fee  offlo  • 
balance  their  total  expense  with  their  total  Income.  This  In  an  In- 
accuracy as  shown   above.      |Ch.   8.1 


(110) 


li 


of  drawing-  up  the  county  budget. '^  For  example,  let  us 
suppose  that  the  normal  revenue  of  the  county  is  esti- 
mated at  a  certain  amount  and  that  county  appropria- 
tions are  made  annually  with  that  amount  in  view.  If 
the  legislature  then  passes  a  primary  law  or  some  other 
act  equally  expensive  to  the  county,  the  county  must  make 
provision  immediately  for  the  newly  added  expense.  The 
board  of  freeholders  accordingly  i>  obliged  to  issue  tem- 
porary loan  bonds  to  meet  the  unexpected  emergency. 
Or,  to  take  another  example,  the  legislature  may  create  a 
new  county  lioard  or  commission  with  power  to  make 
requisition  on  the  county  board  of  freeholders  for  an 
amount  based  upon  a  certain  percentage  of  the  county's 
assessed  tax  valuations.  In  such  cases  the  actual  amount 
which  may  be  required  of  the  county  in  not  being  speci- 
fied in  definite  terms,  is  not  clearly  understood,  and,  as 
a  result,  the  county  finds  itself  suddenly  face  to  face 
with  a  situation  which  calls  for  a  vast  sum  to  be  provided 
either  by  tax  levy,  or  by  bond  issue,  as  the  case  may  be. 
Other  examples  of  mandatory  legislation  comprise  all 
salary  increases,  all  pension  acts  for  public  em- 
ployees, etc. 

The  difficulty  of  reconciling  such  mandatory  expenses 
with  the  county  budgetary  system  is  quite  evident.  The 
local  county  authorities  should  know  best  the  amount  of 
income  that  the  county  may  expect.  The  appropriations 
each  year — although  at  present  they  are  made  quite  care- 
lessly— should  be  made  up  with  some  idea  of  the  relation 
of  expense  to  income.  This  possibility,  however,  is  min- 
imized since,  as  we  have  stated,  the  legislature  may  man- 
datorily fix  new  and  increased  ex|)ense  on  the  county  gov- 
ernment, requiring  the  county  board  of  freeholders  to 
provide  the  monej^  in  all  such  cases.  It  is  in  such  financial 
chaos  as  this,  that  the  argument  for  local  home  rule  for 
counties  finds  the  most  productive  ground.  In  a  county 
like  Hudson  the  demand  for  less  mterference  at  the  hands 


"Examples  of  this  kind   of  mandatory   expenses  have   been    treated   in 
Ch.  4.     "The  county  buildings  committee;"  also  in  Ch.    6. 

(117) 


of  the  legislature  is  increased  by  the  fact  that  it  is  al- 
ready  diflficiilt  to  fix  responsibility  for  affairs  on  some 
one  official  or  group  of  county  officials  due  to  complex 
system  of  county  government.  With  a  further  division 
of  responsibility  between  the  state  legislature  and  the 
board  of  freeholders,  the  situation  becomes  almost  hope- 
lessly complicated. 

Therefore,  as  regards  the  drawing  up  and  adopting  of 
the  county  budget  the  county  board  of  freeholders  should 
be  let  alone.  But  their  methods  iji  budget  making  should, 
at  the  same  time,  be  more  closely  prescribed  by  law.  The 
budget  making  process  should  be  open  at  every  stage  to 
the  public's  inspection.  As  pointed  out  by  the  Citizens 
Federation  in  a  statement  of  July  14,  1914,  the  matter  of 
adopting  the  county  budget  should  be  conducted  openly 
along  well  understood  and  definite  lines.  All  proposed 
increases  in  the  budget  should  be  fully  explained;  the 
budget  should  ]iot  invite  extravagance.  Tt  should  never 
be  possible  for  the  board  of  freeholders  to  increase  sal- 
aries and  create  positions  after  the  budget  has  once  been 
adopted. ^^  The  statement  of  the  Federation  was  as 
follows: 

"Every  citizen  should  be  interested  in  the  county  budget.  We  be- 
lieve that  one  of  the  surest  roads  to  economy  is  in  an  intelligent 
method  of  making  appropriations.  Certain  items  of  expense  are  defi- 
nitely fixed  from  year  to  year.  These  may  be  designated  as  the  steady 
items  in  the  budget.  Some  items  are  subject  to  increase  and  others 
are  likely  to  be  less  one  year  than  another.  These  are  the  flexible 
items.    We  believe  every  budget  should  be  made  to  show  these  facts. 

"The  budget  should  itemize  and  segregate  the  different  kinds  of  ex- 
pense.    It  is  in  this  way  only  that  the  public  officials  and  the  citizen 


"ThI.s  w!i.s  donp  in  Docfmber,  1914,  when  the  Ixmrd  ninde  cert.iin  In- 
creases in  salaries  and  created  certain  positions  whlcJj  were  not  ex- 
plained at  the  time  the  biidp-et  was  adopted  but  provision  for  which 
was  made  i)ossible  due  to  the  "flexibility"  of  other  items  in  the  budget. 
Funds  may  in  this  way  be  secured  by  transfers  from  one  item  to  another 
of  any  sum  necessary  to  meet  the  newly  created  expense.  The  board 
of  freeholders  may  ti-ansfer  funds  from  one  account  to  .-mother.  In  1912- 
1913  the  total  appropriation  amounted  to  $2,865,885.71  and  the  total 
amount  of  transferred  funds  amounted  to  $310,960.19  or  about  one-ninth 
of  the  amount  of  the  budfjet  itself.  It  may  be  seen  that  the  freeholder.' 
made  liberal  use  of  their  powj-r  under  the  hiw  to  transft-r  funds  from 
one  ap|>ropriation  to  another. 


(118) 


can  understand  why  some  particular  additional  amount  is  appropriat- 
ed. Public  opinion  can  and  should  act  as  an  effective  check,  but  it  can 
do  this  only  where  the  form  of  the  budget  is  intelligible.  When  an 
appropriation  is  given  as  a  lump  sum  in  the  budget  the  public  is  left 
in  the  dark  as  to  the  significance  of  the  amount  allotted. 

"There  is  a  further  matter  which  is  of  special  im))ortance  in  scien- 
tific budget  making.  The  appropriation  resolution  should  show  what 
incidental  revenue  may  be  expected  from  all  possible  sources.  Public 
officials  ought  to  realize  the  necessity  of  keeping  their  expenses  within 
their  appropriations.  They  should  also  realize  the  necessity  of  dil- 
igently collecting  all  revenue  due  their  office  from  every  possible 
source. 

"A  deplorable  condition  often  exists  in  departments  exceeding  their 
allowances.  A  fixed  appropriation  ought  to  mean  something  definite 
in  the  eyes  of  the  public  ofl[icial.  He  should  endeavor  to  keep  within 
the  mark  in  operating  his  office  even  as  a  private  clerk  should  keep 
within  his  wage  income."  i^ 

The  county  budget  must  l)e  adopted  by  the  board  of 
freeholders  not  later  than  the  tirst  Tuesday  in  August.'^ 
To  illustrate  the  usual  steps  followed  in  the  procedure, 
it  will  suffice  to  refer  to  the  budget  for  tlie  fiscal  year 
beginning  December  1,  1914.  To  begin,  it  will  be  noted 
that  the  annual  tax  budget  of  the  county  must  be  finally 
adopted  almost  four  months  before  the  o])ening  of  the 
fiscal  year.  This  requirement  tends  to  increase  the 
element  of  uncertainty  in  estimating  so  far  in  advance 
the  amount  of  necessary,  expendiiure.  The  move  for  the 
last  budget  was  initiated  when,  at  the  regular  monthly 
meeting  of  the  board  of  freeholders  on  June  11,  1914,  a 
resolution  was  adopted  requesting  that  the  heads  of  all 
departments  and  branches  of  the  county  government  sub- 
mit *'at  once"  detailed  estimates  of  the  amount  of  money 
"which  will  be  required  for  maintenance, ;^tc.,  of  their 
several  institutions,  departments,  boards  and  commis- 
sions" for  the  ensuing  year.^*'  Estimates  were  "to  show 
in  detail,  as  far  as  possible,  the  several  purposes  for 
which  said  moneys  will  be  required." 


"Hudson  Observer.  July  14.  1914.  Mr.  James  Cameron,  on  pag-e  133  of 
bis  report  on  Hudson  County,  recommends  an  excellent  form  for  the 
county  budget.  This  recommendation,  like  many  others  of  that  ex- 
pensive but  thorough  investigation,   has  not  been  followed  out  as  yet- 

"  Compiled   Statutes   New   Jersey,    p.    5119. 

»•  Minutes  1914,  p.   172. 


(119) 


Some  of  tli<'  estimates  submitted  in  response  to  the 
resolution  were  itemized  in  detail  and  presented  in  good 
form,  Howevei-,  the  board  of  fieeholders  did  not  recom- 
mend any  special  foiTn  to  be  followed  in  sulmiitting 
estimates,  and  there  was  consequent!}'  a  wide  variety  in 
the  individual  estiiwates  received.''  All  estimates  be- 
i'.ame  the  ])roperty  temporarily  of  tlie  committee  on 
finance.  This  committee,  however,  did  not  hold  any  pub- 
lic meetings  at  which  citizens  might  appear  to  express 
their  views  relative  to  the  proposed  items  of  expendi- 
ture. In  fact  the  y>ro('eedings  of  the  committee  were  not 
made  public  until  July  16,  one  month  later,  at  which 
time  a  report  of  the  finance  committee  was  given  out  for 
publication.  This  was  only  partial  as  it  omitted  several 
large  items  of  expense  which  were  in  the  budget  as 
adopted  one  week  later,  July  23.  At  this  time  the  budget 
was  referred  to  the  supervisor,  and  was  approved  by  him 
as  submitted.  I'iie  budget  was  ])ractically  adopted,  there- 
fore, in  its  final  form  at  the  meeting  of  the  board  of  free- 
holders on  July  23;  and  it  was  thus  completed  just  six 
weeks  after  the  notices  to  prepare  estimates  were  sent 
out.  While  the  supervisor  might  have  vetoed  it  and  tem- 
porarily caused  a  deadlock,  he  pemiitted  it  to  stand  as 
it  had  been  prefmred  by  the  board  of  freeholders  without 
insisting  on  any  changes. 

"Below  is  an  illiistralion  of  one  larpe  institution  which  was  permitted 
to  submit  an   unitemized   budget  as  follows: 

INSANE   ASYLUM. 

Item  1.  Provisions    I   60,000.00 

Item  2.  Clothing    9.000.00 

Item  S.  Coal     5,000.00 

Item  4.  Salaries 61.000.00 

Item  T>.  T.lRhtipp    1.800.00 

Item  fi.  Water    4.000 .  00 

Item  7.  Ice     1,200.00 

Item  8.  Office    .<^ppIleH    250.00 

Item  9.  DruRs    800.00 

Item  10.  Repair.s,   Su|iplit>.s   and   Materials    16,000.0» 

Item  II.  MisceJJaceuu.s    .\rtlo,les     8,000.00 

$169,050.00 
or  thi.s  aniouni    almut    ITTi.OOO.OO   will   be   received   from   the   State. 

(120) 


As  a  result  of  this  uK^tliod  of  adopting-  tlio  county 
budget  tlie  Citizens  Bulletin  in  September,  1914,  said: 

"There  are  several  evidences  of  haste  and  carelessness  in  the  prep- 
aration of  the  recent  county  budget.  These  are  doubtless  due  to  the 
fact  that  the  work  of  preparing  the  budget  is  usually  left  until  a  few 
weeks  before  its  final  passage.  In  the  appearance  of  a  few  such  in- 
accuracies there  naturally  arises  a  distrust  on  the  part  of  the  citizen 
in  the  reliability  of  other  items  throughout  the  budget.  For  example, 
the  appropriation  for  the  salaries  of  the  surrogate  and  employees  is 
$32,000  according  to  the  budget,  but  as  a  matter  of  fact  the  salary  list 
of  the  county  surrogate  is  at  the  present  time  $41,966.  It  is  evident 
from  this  that  the  four  county  offices  of  register,  surrogate,  clerk,  and 
sheriff  should  not  be  recorded  as  self-sustaining  even  when  they  are 
lumped  together.  The  salaries  of  the  four  offices  taken  together 
amount  to  more  than  the  revenue  from  all  four,  although  the  county 
budget  makes  it  appear  that  the  expenses  and  revenue  are  equal. 

■'Another  example  of  carelessness  is  to  be  found  in  the  items  of  the 
boulevard  appropriation.  The  item  of  salaries,  $68,500,  heads  the  list, 
but  the  fact  is  not  shown  in  any  item  that  wages  of  laborers  would 
swell  the  amount  of  the  salary  and  wages  account  to  $110,000.  The 
item  of  salaries  in  this  case  is  meant  to  apply  to  employees  alone. 

"The  same  rule  is  not  followed,  however,  in  the  Park  Commission 
appropriation,  which  appears  next  in  the  budget.  Here  wages  and  sal- 
aries have  been  combined  under  the  one  heading,  salaries,  and  an  ap- 
propriation of  $81,750  is  made  to  meet  this  expense.  Various  other  in- 
stances of  inaccuracy  might  be  cited.  There  is  a  decided  need  for 
standardizing  the  items  of  salaries,  wages,  and  the  other  designated 
expenditures  throughout  the  entire  list  of  appropriations. 

"The  work  of  preparing  the  countj'  budget  should  begin  six  or  seven 
months  in  advance  of  tfie  time  of  final  passage.  This  would  give 
enough  time  for  submitting  to  the  Freeholders  a  proper  auditors'  esti- 
mate of  the  necessary  expenses  in  all  departments  of  the  county  gov- 
ernment without  an  exception.  There  .should  be  some  official  or  body 
of  officials  whose  duties  should  be  the  examination  of  all  estimates  re- 
quiring them  to  be  detailed,  itemized,  and  to  present  complete  explan- 
atory remarks  concerning  every  department  in  the  county.  With  this 
information  the  Freeholders  would  be  in  a  position  to  act  more  in- 
telligently in  making  appropriations. 

"The  auditors'  estimate  should  thus  constitute  a  proper  basis  for 
the  report  submitted  by  the  Committee  of  Finance  to  the  Board  of 
Freeholders.  This  committee,  aided  by  the  estimates  of  the  auditors, 
should  proceed  to  make  a  comprehensive  study  of  the  financial  sys- 
tem of  the  county  at  the  time  of  making  appropriations;  and,  in  their 
report,  should  present  tlie  condition  of  the  bonded  debt  of  the  county, 
the  estimated  resources  for  the  fiscal  year,  the  valuation  of  taxable 

(121) 


property,  (he  estimated  ordinary  revenue,  the  revenue  from  the  fet 
offices,  miscellaneous  revenue  of  all  kinds,  the  quick  assets  available, 
the  accounts  receivable  and  the  estimated  extraordinary  revenue.  With 
this  information  set  forth  in  detail  in  their  report,  it  would  be  possible 
to  recommend  the  appropriations  for  the  next  fiscal  year  in  properly 
itemized  and  segregated  form  with  some  definite  idea  of  the  relation 
between  revenue  and  expenditures.  Efficiency  on  the  part  of  the 
county  officials  is  necessary  in  order  to  secure  an  economical  admin- 
istration.    Efficiency  should  come  first;   economy  would  soon  follow." 

THE  COUNTY  COLLECTOR 

Any  discussion  of  tlio  financial  administration  of"  th( 
county  would  be  inadequate  without  some  consideration 
of  the  office  of  county  collector.  This  officer  is  ai)pointed 
by  the  board  of  freeholders  for  a  term  of  three  years.  He 
receives  a  salary  of  $5,000  a  year.  The  county  collector 
is  the  receiver  of  the  county's  taxes,  and  is  custodian  of 
all  funds  belonging  to  the  county.  All  disbursements 
are  made  by  warrants  signed  by  the  collector  bearing 
also  the  signature  of  the  director  and  clerk  of  the  board 
of  freeholders. 

SINKLNG  FUND  COMMISSION 

The  county  collector  is  ex-oflficio  a  member  of  the  sink- 
ing fund  commission. ^^  This  commission  is  composed  of 
the  director  of  the  board  of  freeholders,  the  chairman  of 
the  finance  committee,  and  the  county  collector.  Tt  is  re- 
quired to  take  charge  and  securely  invest  the  county 
sinking  funds  and  the  interest  accruing  thereon.  Th< 
sinking  fund  commission  em])lovs  a  secretary  and  holds 
regular  meetings.  Minutes  are  kept  of  all  the  meetings 
and  the  records  of  transactions  l)y  the  commission  are 
open  to  insT)eclion. 

All  bonds  of  the  county  are  issued  by  the  board  of  free- 
holders. The  freeholders  advertise  for  bids  on  all  bond 
issues  and  the  bonds  are  sold  to  the  lowest  responsible 
bidder.  Tt  will  be  observed  that  the  freeholders  may 
control  the  sinking  fund  commission  through  the  power 
to  api)oint  the  county  collector  and  through  the  director 


»    Laws    189C.    p.    3«tO. 

(12l!) 


of  the  board,  and  tlic  oliainnaii  of  tlic  fiiiaiKMal  commit- 
tee, botli  of  whom  are  members  of  this  commission.  Mr. 
Cameron  recommneds  that  the  board  of  sinkinji^  fnnd  com- 
missioners sliall  consist  of  tliree  members  wlio  shall  be 
appointed  by  the  justice  of  the  supreme  couit  for  special 
fitness,  one  of  whom  shall  be  appointed  for  a  period  of 
one  year,  another  for  a  period  of  two,  and  another  for  a 
period  of  three  years.  "It  is  submitted  in  sup])ort  of  this 
recommendation,"  says  Mr.  Cameron,  "that  the  body 
having  control  over  the  general  funds  of  your  county, 
and  further  authorized  under  the  statutes  to  create 
special  bond  funds  for  specific  i)urposes,  should  have  no 
control  over  the  sinking  funds  created  to  amortize  the 
public  debt."^'' 

The  commission  maintains  ten  sinking  funds  for  the 
amortization  of  the  county  bonded  debt.  In  the  past  the 
tendency  has  been  for  the  board  of  freeholders  to  disturb 
the  sinking  funds  in  various  ways,  thus  making  it  im- 
possible to  provide  for  an  orderly  procedure  in  redeem- 
ing the  county  bonded  debt.  Since  1913,  however,  this 
part  of  the  county  administration  has  been  imjHoved, 
the  board  of  freeholders  has  employed  an  outside  ac- 
countant to  audit  the  county  collector's  books  an- 
nually.^'^  This  annual  audit  scrutinizes  all  transactions 
respecting  the  investments  and  cash  of  the  sinking  fund 
commission,  all  of  which  are  in  the  custody  of  the  county 
collector.  The  proceedings  of  the  commission  and  the 
condition  of  the  several  sinking  fimds  are  now  set  forth 
in  a  more  orderly  manner  in  the  re])ort  of  the  auditor.^' 

The  most  important  publication  in  regard  to  the  finan- 
cial administration  of  the  county  is  the  annual  report  of 
the  county  collector.  In  this  the  county  finances  are  set 
forth  in  detail.  This  report  includes  the  results  of  the 
audit  of  the  collector's  books  by  the  finance  committee 
of  the  board  of  freeholders.  The  collector's  report  pre- 
sents in  the  main  a    condensed    balance    sheet  ot    the 


"Cameron's   Report,   p.   53. 

^  Ibid,  p.   48,  for  a  description  of  irregularities   in   the  sinKinp   fund. 

"See  report   of  the  collector   1914-1915.   p.   61-66. 


(123) 


county,  a  suiimiary  of  the  receipts  and  disbursements,  a 
statement  of  the  ai)i>ropriation  fimds,  for  tlie  preceding 
years,  a  statement  of  the  ])ond  funds,  and  brief  state- 
ments of  the  receipts  and  disbursements  of  the  several 
boards  and  conunissions. 

NO  AUDITOR 

It  is  to  be  noticed  in  conclusion  that  one  missing 
feature  of  the  iinancial  administration  of  the  county  in 
New  Jersey  is  the  absence  of  the  county  auditor.  As  we 
have  seen,  the  auditing  is  in  charge  of  the  board  of  free- 
holders. All  claims  are  subject  to  examination  and  audit 
by  the  separate  committees.  Claims  are  approved  first 
by  the  committee  and  are  passed  by  the  l)oard  at  the  reg- 
ular meetings.  Thus  the  system  amounts  to  an  audit  of 
claims  by  all  committees  of  the  board  of  freeholders  in- 
stead of  by  one  official.  It  would  seem  that  the  best  re- 
sults could  be  obtained  if  the  functions  of  auditing  were 
placed  in  the  charge  of  a  special  county  auditor.  Such 
an  auditor  would  be  more  than  a  clerk  to  the  lioard  of 
freeholders;  he  should  be  given  a  free  hand  in  auditing 
all  claims  against  the  county.  He  should  be  required  to 
learn  the  market  price  of  all  supplies  and  see  to  it  that 
the  county  actually  pays  no  more  than  that  amount.^- 
And  as  we  have  seen,  furthermore,  the  county  auditor 
should  be  of  assistance  in  preparing  the  annual  tax 
budget  of  the  county.  The  county  auditor  sliould  be 
given  extensive  |)owers  and,  to  be  protected  from  intim- 
idation by  the  board  of  freeholders,  should  be  made  an 
elective  official. 


"  A    county    purchaslns    aisrent    would    be    of    great    assistance    to    the 
auditor  in   this  way.  and  should  be  appointed  by  the  auditor. 


(124) 


CHAPTER  X 


CONCLUSION 


Although  a  great  deal  of  what  has  been  said  in  the 
foregoing  chapters,  is  applicable  to  county  government 
generally  in  New  Jersey,  the  greater  part  of  our  task 
has  been  to  explain  how  the  present  organization  of 
Hudson  County  government  is  a  result  of  the  attempts 
of  the  legislature  to  provide  for  the  local  needs  of  this 
particular  county.  It  would  seem  that  since  there  are 
only  two  counties  of  the  first  class  in  New  Jersey,  the 
governments  of  the  two  would  be  alike  in  every  respect. 
However,  it  is  to  be  noted  that  many  points  of  difference 
arise,  especially  when  it  is  attempted  to  make  any  minute 
comparison  of  the  two  counties.  Thus  the  object  of  our 
study  has  been  to  make  it  appear  that  the  government  of 
Hudson  County  is  of  itself  an  important  political  unit  of 
the  state;  it  has  developed  a  form  of  government  not  ex- 
actly similar  to  that  of  any  other  county  in  the  state,  and 
is  deserving  of  a  special  study  in  the  general  field  of 
county  government.^  In  treating  forms  and  organiza- 
tions of  government  it  is  necessary  not  to  lose  sight  of 
functions;  in  the  present  study  much  attention  has  been 
given  to  what  the  county  government  does.  The  admin- 
istrative tasks  of  each  department  have  been  described 
in  detail. 

It  has  been  noted  in  our  study  that  Hudson  County 
presents  one  of  the  most  typical  instances  of  an  urban 
county  government  functioning  co-extensively  with  num- 
erous local  municipal  governments  all  of  which  bear  lit- 
tle relation  to  one  another.  Since  the  interests  of  these 
municipalities  are  mutual,  they  can  best  be  advanced  by 


'  General  interest  in  county  grovernment  of  late  has  been  greatly 
assisted  by  the  writings  of  Mr.  Richard  S.  Childs  and  Mr.  H.  S.  Gilbert- 
son  of  the  National  and  New  York  State  Short  Ballot  Association,  New 
York  City. 


(125) 


consolidation.  But  giantinj*-  tlu»  consolidation  of  the 
thirteen  municipalities,  there  yet  remains  the  fully  de- 
veloped and  expensive  county  governmental  machinery 
which  must  he  taken  into  account  in  any  consolidation. 
Here  is  where  the  (piestion  assumes  the  greatest  im- 
portance. It  would  seem  that  since  the  count}'  govern- 
ment extends  its  jurisdiction  over  all  municipalities  and 
since  it  is  at  ))resent  ])erf()rming  many  functions  which, 
hroadly  speaking,  are  municipal  instead  of  county  func- 
tions, that  municipal  and  city  consolidation  must  event- 
nally  center  in  the  county  government.  While  the  im- 
mediate step  would  seem  to  be  a  federated  city  and  coun- 
ty government,  the  eventual  readjustment  must  take  the 
form  of  a  combined  one-city  and  one-connty  government. 
Since  the  county  government  historically,  and  generally 
is  built  around  the  county  judiciary,  it  is  tinted  with  such 
conservatism  in  the  popular  estimation  that  any  change 
must  necessarily  be  deliberate.  To  the  lay  mind,  it  would 
appear  easier  for  the  county  government  to  take  over  the 
municipal  governments  than  it  would  be  for  the  city  to 
take  over  the  county  machinery  with  all  its  inter-relating 
state  officers  and  boards. 

From  the  point  of  vi<nv  of  the  county  as  a  whole,  the 
manifest  decentralization  of  munici]>al  functions  sucli  as 
police  and  health  administration,  sewer  systems,  and 
drainage,  administration  of  poor  relief,  conducting  elec- 
tions, etc.,  constitutes  the  most  impressive  feature  in  our 
survey  of  the  county  government.  The  argument  for 
consolidation,  as  has  been  stated,  finds  the  firmest  ground 
in  the  o])portunities  presented  for  efficiency  and  economy. 
Where  there  are  thirteen  municipalities  to  linance  sep- 
arate sewer  systems,  there  should  l)e  one  system  main- 
tained by  one  central  authority.  Where  there  are  fre- 
(juent  elections  for  numerous  city  and  county  officials, 
there  sliould  be  a  saving  in  expenditures  by  reducing 
the  number  of  political  units  of  local  government  in  the 
county.  Where  there  are  fourteen  boards  of  health  and 
vital  statistics  at  present,  one  central  and  efliciently  or- 
ganized board  is  the  feasible  solution.    In  the  same  trend, 

(126) 


other  illustrations  might  also  l)e  mentioned  in  connec- 
tion witli  many  of  the  local  functions  of  government 
which  liave  been  treated  in  the  foregoing  chapters. 

The  (juestions  involved  resolve,  for  the  most  part,  into 
a  test  of  comi)arative  efficiency;  if  the  county  government 
has  made  itself  indis])ensable  by  way  of  service  to  the 
municipalities  and  citizens,  it  cannot  very  readily  be  dis- 
})laced.  The  present  study  has  therefore  been  made 
chiefly  with  the  view  of  pointing  out  opportunities  for 
improvements  in  the  county  administration  which  may 
have  been  presented  to  the  writer  by  contact  with  public 
officials  and  interested  citizens. 

The  difficulty  with  the  present  method  of  electing 
members  of  the  county  board  of  freeholders  is  that  there 
is  no  provision  for  minority  representation.  The  county 
board  of  freeholders  bears  quite  a  contrast  to  the  city 
(Commission,  say.  which  directs  the  ati'airs  of  Jersey  City. 
In  the  latter  body,  the  commissioners  are  elected  by  a  sys- 
tem of  preferential  voting  by  wliich  each  voter  may  ex- 
press a  first,  second,  third  and  fourth  choice.  The  re- 
sult is  that  though  a  majority  of  the  commission  repre- 
sent the  major  political  party,  the  minority  party  has 
strong  representation  on  the  commission  in  the  person 
of  the  mayor.^  Minority  representation,  generally  speak- 
ing, means  more  publicity  in  public  bodies;  more  pub- 
licity means  better  government. 

In  Hudson  County  the  more  important  boards  and 
commissions  submit  annual  reports  with  full  explana- 
tions as  to  their  methods  of  work  and  the  advances  made 
in  their  administrative  duties  during  the  previous  year. 
Those  branches  of  the  county  government  which  are  di- 
rectly controlled  by  the  freeholders,  on  the  other  hand, 
have  not  systematically  been  required  to  make  annual 
reports  with  an  actual  intention  of  giving  information.^ 


-  The  candidate  receiving  the  highest  number  of  votes  at  the  election 
becomes   the   mayor. 

*  The  report  of  the  county  coUector  is  an  exceUent  exposition  of  the 
financial  condition  of  the  county  and  must  be  mentioned  as  an  exception 
to  the  above  statement  as  applied  to  departments  ■"-«'«>r  the  control  of 
the  freeholders. 


(127) 


The  minutes  of  the  board  of  freeholders,  furtlienuore^ 
present  only  scattered  information  in  connection  with 
the  administration  of  these  departments.  It  would  seem 
that  the  larger  institutions,  the  more  important  county 
officers  whose  appointment  rests  with  the  board,  and 
those  officers  for  whom  the  board  is  obliged  to  make  ap- 
propriations, should  be  required  to  submit  detailed  an- 
nual reports,  to  the  Vnd  that  citizens  may  know  some- 
thing of  the  county  administration  and  in  this  way  be 
brought  into  closer  relation  through  personal  knowledge 
and  interest  with  the  government  in  all  its  branches.  It 
is  safe  to  affirm  that,  under  the  closer  attention  of  citi- 
zens, the  effect  upon  the  county  administration  will  be 
wholesome;  it  is  largely  because  the  workings  of  the 
county  government  have  been  obscure  in  the  past  that  cit- 
izens have  as  a  result  been  uninterested. 

The  best  examples  of  state  centralization  as  affecting 
the  counties  in  New  Jersey  are  the  judiciary,  the  educa- 
tional administration,  the  civil  service,  and  the  state 
board  of  children's  guardians.  In  regard  to  the  first  we 
have  seen  that  the  county  judicial  system  com]irises 
judges  and  ])rosecuting  attorneys  who  are  ap])ointed  by 
the  governor  with  the  advice  and  consent  of  the  senate. 
The  judiciary  accordingly  ]iresents  an  independent  bod>' 
before  which  the  county  administrative  authorities  may 
be  brought  to  answer  for  violations  of  their  public  trusts. 
The  sheriff  and  the  jury  system  are  the  only  stumbling 
blocks  in  the  way  of  com])lete  state  centralization  of  tin- 
judicial  machinery;  but  even  here,  as  we  have  seen,  th<' 
state  has  recently  extended  its  control  by  means  of  the 
so-called  Chancellor-Sheriff  jury  reform  act,"* 

Of  the  centralized  contiol  oxer  11i«'  state  educational 
system  litth*  need  be  said  in  tliis  work.  Owing  to  the 
urban  character  of  Hudson  (\)unty,  the  authority  of  the 
state  commissioner  of  education  and  of  flu*  state  board  of 
education  should  be  discussed  to  better  advantage  in  con- 
nection  witli  the  municipal   governments — each   liaving 

*I.,aws  N.   .1.   lit  1.3.   Ch.   20. 

(128) 


its  separate  school  system — than  in  relation  to  the  county 
government. 

In  the  state  board  of  children's  guardians  we  find  an 
excellent  illustration  of  a  well  worked  out  plan  of  state 
administration  as  against  the  former  inefficient  admin- 
istration by  the  county  institutions.  In  the  creation  of 
the  state  board  there  was  introduced  a  highly  specialized 
and  efficient  administration  by  the  state  which  the  coun- 
ties alone  were  not  competent  to  supply.  By  adopting 
the  larger  political  unit  of  administration,  opportunities 
for  placing  dependent  children  under  suitable  home  in- 
fluences were  extended  in  a  way  such  as  county  admin- 
istration of  this  work  was  unable  to  afford. 

When  we  come  to  the  administration  of  the  state  civil 
service  law  as  applied  to  counties  and  municipalities  it 
is  to  be  noted  that  the  chief  problem  is  how  to  keep  the 
civil  service  adequately  removed  from  local  politics  and 
at  the  same  time  provide  for  the  greater  efficiency  of  the 
county  employee  by  standardization  of  salaries,  proper 
gradation  of  services,  and  the  installation  of  efficiency 
records.  ''The  specific  problem  in  connection  with  the 
civil  service  of  counties,"  remarks  Mr.  Robert  W. 
Belcher,  ''is  solely  the  question  of  whether  the  law  shall 
be  administered  by  a  local  board  or  by  a  commission  hav- 
ing state  wide  jurisdiction.  Experience  has  shown  that 
even  in  the  case  of  municipal  service,  state  control  as  in 
Massachusetts  and  in  New  Jersey,  or  state  supervision 
as  in  New  York,  is  by  far  the  preferable  system."^  It 
has  been  suggested  in  our  present  study  that  there  is 
need  for  a  bureau  of  efficiency  for  Hudson  County  alone.^ 
Such  a  bureau  should  be  supervised  by  the  state  civil 
service  commission  in  order  to  be  free  from  the  control 
of  local  political  influences.  But  it  should  be  local  in  or- 
der to  become  effective  in  enforcing  rules  for  the  county 
service  alone;  this  the  state  commission  is  now  prevented 
from  doing  due  to  the  magnitude  of  its  responsibility 


'Mr.  Belcher  is  Secretary  of  the  National  Civil  Service  Reform  League. 
See  his  article  in  Annals  American  Academy  Political  Science,  May,  1913. 
«   Supra,  Ch.  7.  ' 


(129) 


in  the  state  at  large.  Furthermore,  administrative  prob- 
lems of  civil  service  may  not  be  the  same  in  Hudson 
County  as  they  are  in  other  parts  of  the  state;  and  the 
size  of  the  county  calls  for  a  separate  commission  which 
will  supplement  the  work  now  performed  by  the  state 
civil  service  commission. 

In  further  relation  to  those  examples  where  state  cen- 
tralization has  proved  satisfactory,  it  may  be  noted  that 
the  absence  of  such  control  by  the  state  is  at  present  re- 
flected in  the  incompetence  of  the  county  to  care  properly 
for  the  insane.  Here  the  lack  of  state  control  has  de- 
veloped difficulties.  With  the  state  as  a  large  unit  of 
administration  the  possibility  is  presented  of  specializ- 
ing in  the  care  of  curable  and  incurable  forms  of  insanity, 
to  the  end  tliat  the  county  may  be  looked  to  as  responsible 
for  the  institutional  care  of  only  the  incurable  chronic 
cases  of  insanity.'^  Here  again  the  interests  of  the  county 
are  subordinate  to  the  interests  of  the  state  at  large.While 
the  two  counties  of  the  first  class  are  able  financially  to 
maintain  separate  institutions,  the  need  for  modernized 
facilities  for  the  state  at  large  is  more  imperative  than 
that  of  Hudson  and  Essex  counties  alone.  The  care  of 
the  insane  is,  primarily,  a  state  function. 

As  a  further  step  in  our  conclusion  it  has  been  noted 
that  county  centralization  of  municipal  functions  has,  in 
certain  instances,  been  ])eneficial,  if  not  necessary.  To 
illustrate:  The  county  park  commission  has  planned  and 
is  developing  a  system  of  parks  with  a  view  of  benefiting 
the  entire  county  rather  than  any  6'ne  municipality;  this 
the  individual  municipalities  are  unable  to  do.  In  order 
to  develop  public  parks  in  places  which  are  accessible  to 
the  county  rwpulation  at  large,  it  is  necessary  to  invest 
money  on  a  large  scale  which  the  smaller  municipal  units 
could  in  no  way  afford  to  bear.  The  county  jiark  system 
is,  perhaps,  the  best  argument  based  upon  practical  ex- 
perience in  Hudson  County,  for  county  centralization  of 
municipal  functions.    Other  illustrations,  however,  occur 

'Supra.  Ch.  4. 

(130) 


in  the  Tuberculosis  Hospital  and  Sanatorium,  also  in  the 
County  Board  of  Taxation.^ 

While  we  have  given  much  attention  to  the  admin- 
istrative side  of  the  county  government,  it  has  not  been 
attempted  to  discuss  the  influences  tliat  are  brought  to 
bear  on  the  county  administration  in  what  has  become 
currently  known  in  this  country  as  "politics."  From  the 
point  of  view  of  party  politics,  Hudson  County  presents 
an  excellent  opportunity  for  analysis  in  respect  to  the 
interrelation  of  "politics"  and  government.  The  county 
has  not  been  without  its  invisible  government;  its 
"boss"  system  has  flourished.  Officials  have  been  nom- 
inated dictatorially  by  the  party  leaders,  and  even  under 
the  new  direct  primary,  a  candidate  may  represent  some 
individual  party  faction  and  command  a  sufficient  follow- 
ing among  the  office  holding  class  to  make  his  nomina- 
tion acceptable  to  the  party  leader.  "Tickets,"  as  we 
understand  the  term,  are  still  [)rearranged  and  agreed 
upon;  and  the  position  of  party  leader  in  the  county  is 
the  most  important  prize  which  the  county's  extra-legal 
government  affords.  If  the  party  leader  of  the  county 
draws  his  support  from  his  ability  to  hand  out  "jobs," 
he  becomes  a  "boss"  and  is  decried  as  a  public  menace. 
But  if  he  commands  support  among  the  respectable  and 
is  interested  in  improving  the  county  administration  in 
every  way  possible,  he  is  welcomed  as  the  supreme  di- 
rector in  the  county  whose  services  are  necessary  in  sup- 
plying unity  to  that  disjointed  and  complex  county  gov- 
ernment which  we  have  attempted  to  describe  in  the 
preceding  chapters. 


'  Supra,  Chs.  4  and  6. 


(131) 


VITA 

The  writer  was  born  January  27,  1886,  at  Brookville, 
Indiana.  He  received  liis  early  education  in  tlie  public 
schools  of  Franklin,  Indiana.  He  was  a  member  of  the 
graduating  class  of  Franklin  College,  Indiana,  of  1907. 

For  two  years  following  his  graduation  he  was  princi- 
pal of  the  high  school  at  Shelbyville,  Indiana.  For  the 
two  years  following  this  he  was  in  residence  at  Columbia 
University  as  a  student  in  Public  Law  and  Politics.  In 
1912-13  he  was  instructor  in  polities  in  Columbia  Univer- 
sity. In  1913-14  he  was  instructor  in  government  at  New 
York  University.  In  the  summer  of  1914  he  took  up 
civic  work  in  New  Jersey  as  secretary  of  the  Citizens 
Federation  of  Hudson  County,  and  as  a  result  of  his 
work  in  this  position,  the  present  survey  of  the  county 
government  was  completed. 

EARL  WILLIS  CRECRAFT. 

Jersey  City,  New  Jersey. 
April  8,  1915. 


(135) 


For 

CIRCUIT   COURT 

OFFICE  OF 

SUPERIOR  COURT 

OF 
)K  CQUNTY.  ILLINOIS 


A  SUPPLEMENTAL  INQUIRY  INTO  THEIR  ORGANIZATfON 
AND  METHODS  OF  ADMINISTRATION 


REPORT       PREPARED       FOR      THE 
JUDGES    OF    THE    CIRCUIT    COURT 


BY  THE 


CHICAGO  BUREAU  OF  PUBLIC  EFFICIENCY 


NOVEMBER.  1912 


»RIOR  PU] 


t>f  Preparing^ 
JUtnois.   7iaui 

Ootinnlflsioiien  of  tlie  Oit 
Print.) 


rMay,  1911. 


'Street  PaTement  Laid  in  the  Gity  of  Chicago:     An  Inquiry 

Paving  MAtertfllB,  MiBthods  and  Besults.    June,  1911.     (Out  o( 
Print.) 

Electrolysis  of  Water  Pipes  in  the  City  of  Chicago,    July,  1911.    (Out 
of  Print.) 

Administration  of  the  Office  of  Becorder  of  Cook  Comity,  Illinois.] 
September,  1911. 

A  Plea  for  Pnhllcity  in  the  Office  of  County  Treasurer.     October,, 
1911. 

Bepairing  Asphalt  Pavement:    Wotk  Jiwa»  tot  the  Olty  of  Chicago' 
Under  Contract  of  1911.    Oetoher.  ISll.    (Ont  of  Print.) 

8  The  Municipal  Court  Acta:    Two  Belated  PropositionB  Uj 

the  Voters  of  Chicago  Will  Be  Asked  to  Pa 
Election  of  November  7 — Vote  No.    October  | 
Print.) 

9  The  Water  Works  System  of  the  City  of  Ohicj 

Maury.    December,  1911. 

10  Bureau  of  Streets;  Civil  Service  OommlMion;  and  Spi 

ment  Accounting  System^  of  the  City  of  Chicago.     December.iS 

1911. 

11  Administration  of  the  Office  of  Coroner  of  Cook  County,  Illinois. 

December,  1911. 


19    Administration  of  the  Office  of  Sheriff  of  Cook  County,  Illinois.    Oa^j 
cember,  1911. 

13    Administration  of  the  Office  of  Clerk  o$  the  Olrenit  Conrt  aad 
Office  of  Clerk  of  tlie  Sttperlor  Ooort  of  Oook  Ooaa^, 
December,  1911. 

U    The  Judges  and  the  County  Fee  Offices.    December  19,  1911. 

15  General  Summary  and  Conclusions  of  Boport  on  the  Park  Oovem- 

menta  of  Chicago.    December,  iBii. 

16  The  Park  Oovemments  of  Ohieago:    An  Inqoiry  Into  Their  Orgsn-. 

isatlon  and  Methods  of  Administration.    December,  1911. 


THE  OFnCE  OF 

CLERK   OF  THE  CIRCUIT   COURT 

AND  THE  OFFICE  OF 

CLERK  OF  THE  SUPERIOR  COURT 

OF 
COOK  COUNTY.  ILLINOIS 


A  SUPPLEMENTAL  INQUIRY  INTO  THEIR  ORGANIZATION 
AND  METHODS  OF  ADMINISTRATION 


REPORT       PREPARED      FOR      THE 
JUDGES    OF    THE    CIRCUIT    COURT 

BY  THE 

CHICAGO  BUREAU  OF  PUBLIC  EFFICIENCY 

315  PLYMOUTH  COURT 


CHICAGO  BUREAU 

OF 

PUBLIC  EFFICIENCY 


TRUSTEES 


Julius  Rosenwald,  Chairman 
Alfred  L.  Baker,  Treasurer 
Onward  Bates  Charles  R.  Crane 

Henry  B.  Favill  Walter  L.  Fisher 

George  G.  Tunell  Charles  E.  Merriam 


Harris  S.  Keeler,  Director 
George  C.  Sikes,  Secretary 
T.  W.  Betak,  Accountant 


Peter  White,  Consulting  Accountant 


TABLE  OF  CONTENTS. 


Page. 
LETTER  OF  TRANSMITTAL 4 

SUMMARY  AND  CONCLUSIONS 5 

I.    Reforms  Needed 5 

n.     Saving-   Whicli  Can  and  Should  Be  Effected 5 

m.     Number  of  Positions   and  Salary  Rates   Recommended  for 

1913    6 

rV.     Consolidation  of  Record- Writing  and  rolio  Divisions  Urged     7 

V.     Lack  of  Good  Faith  Apparent  in  the  Appointment  of  Addi- 
tional Clerks  in  the  Superior  Court  Office 7 

TEXT  OF  REPORT 9 

Circuit  Court  9 

The  Former  Report  of  the  Bureau 9 

The  Supplemental  Investigation 10 

Decrease  Recommended  in  General  Staff 10 

Consolidation  of  Record- Writing  and  Folio  Divisions  Urged..  11 

Minute  Clerks  13 

Clerkships  Recommended  for  1913 13 

Saving  Which  Can  Be  Effected 14 

Superior  Court    15 

The  Supplemental  Investigation 15 

The  Six  Additional  Judges 16 

How  the  Eight  New  Clerks  Were  Assigned 17 

Changes  in  the  General  Staff 18 

Naturalization  Clerks   20 

Folio  Clerks  20 

Recommendations  Made  in  Former  Report 81 

Minute  Clerks  22 

Clerkships  Recommended  for  1913 22 

Saving  Which  Can  Be  Effected 24 

Charts  of  Proposed  Organization  and  Salary  Rates  Recommended.  35 

Circuit  Court   26 

Superior   Court    27 

Tables  Showing  Number  of  Clerkships  Recommended  by  the  Bu- 
reau; also  Descriptive  Titles  and  Salary  Rates  Proposed — 

Circuit  Court   14 

Superior  Court  23 


LETTER  OF  TRANSMITTAL. 


To  the  Honorable  Judges 

of  the  Circuit  Court  of  Cook  County. 

Gentlemen  : 

The  Chicago  Bureau  of  Public  Efficiency  submits  herewith  a 
supplemental  report  upon  the  office  of  Clerk  of  the  Circuit  Court 
and  upon  the  office  of  Clerk  of  the  Superior  Court  of  Cook 
County. 

In  preparing  this  report,  the  Bureau  has  not  confined  itself 
to  the  single  aspect  of  the  matter  with  which  the  Judges  are  re- 
quired by  the  Constitution  of  the  State  to  deal — that  of  fixing  the 
number  of  employes.  It  has  aimed  to  carry  on  a  comprehensive 
study  of  the  offices  and  to  make  a  presentation  of  facts  and  con- 
clusions of  interest  to  the  general  public  and  to  the  appropriating 
body  of  the  county,  the  Board  of  County  Commissioners,  as  well 
as  to  the  Judges. 

Respectfully  submitted, 

Harris  S.  Keeler, 

Director, 
Chicago,  November,  191 2. 


SUMMARY  AND  CONCLUSIONS. 


I.    REFORMS  NEEDED. 

The  economical  and  efficient  administration  of  the  offices  of 
the  Clerks  of  the  Circuit  and  Superior  Courts  demands  two  im- 
portant reforms.  One  is  the  abolition  of  several  clerkships  on 
the  general  executive  staff  of  each;  the  other,  the  consolidation 
and  reorganization  of  the  record-writing  and  folio  divisions  in 
each  office,  including  the  substitution  of  modern  methods  for 
the  antiquated  ones  now  in  use. 

II.    SAVING  WHICH  CAN  AND  SHOULD  BE  EFFECTED. 

The  Chicago  Bureau  of  Public  Efficiency  believes  that,  if 
the  recommendations  contained  in  this  and  its  former  report  are 
adopted  and  the  changes  therein  suggested,  with  respect  to  or- 
ganization and  methods,  are  put  into  effect,  an  annual  saving  in 
salaries  amounting  in  the  aggregate  to  $54,320  can  be  made.  It 
is  needless  to  add  that  this  saving  should  be  made.  The  useless 
expenditure  of  public  funds  shown  in  connection  with  the  ad- 
ministration of  each  of  these  offices  should  be  stopped.  The  man- 
ner in  which  this  saving  can  be  effected  is  shown  in  the  follow- 
ing table: 

Circuit  Court, 

Saving  to  be  effected  by  abolishing  six 

clerkships    $  9,800 

Saving  to  be  effected  by  reorganization 

of  force  1 1,500 

Total  saving,  Circuit  Court $21,300 

Superior  Court. 

Saving  to  be  effected  by  abolishing  eight 

clerkships  added  in  1912 $  9,400 

Saving  to  be  effected  by  abolishing  five 

other  clerkships    7,920 

Saving  to  be  effected  by  reorganization 

of  force   15,700 

Total  saving,  Superior  Court 33,020 

Combined  saving  which  can  and  should 

be  effected  in  both  offices $54,320 


6  Chicago  Bureau  of  Public  Eificiency 

If  the  clerical  force  requested  by  the  two  Clerks  is  author- 
ized, the  combined  pay  roll  of  these  offices  for  the  year  191 3  will 
aggregate  $164,140.  This  figure  is  based  on  the  appropriations 
made  for  the  year  1912.  The  above  saving,  therefore,  would 
amount  to  33  per  cent  of  the  total  expenditure  contemplated  by 
these  officials. 

Although  these  offices  perform  approximately  the  same 
amount  of  work,  the  Clerk  of  the  Superior  Court  employs  59 
assistants  at  an  annual  salary  cost  of  $85,740,  while  the  Clerk  of 
the  Circuit  Court  has  only  52  assistants  whose  salaries  aggre- 
gate $78,400.  Considered  separately,  therefore,  the  saving  indi- 
cated amounts  to  27  per  cent  in  the  Circuit  Court  office  and  39 
per  cent  in  the  Superior  Court  office. 

III.    NUMBER  OF  POSITIONS  AND  SALARY  RATES 
RECOMMENDED  FOR  1913. 

For  the  year  1913  the  Clerk  of  the  Circuit  Court  has  re- 
quested 63  assistants — 52  for  his  main  office  and  11  for  the 
Juvenile  Court  service.  This  is  the  number  now  employed.  The 
Bureau  recommends  that  the  Judges  authorize  only  50  clerks, 
39  of  whom  shall  be  designated  for  the  service  of  the  main  office 
and  the  remaining  11  of  whom  shall  be  provided  for  the  Juvenile 
Court  service. 

The  Clerk  of  the  Superior  Court  has  asked  for  59  clerks 
for  191 3.  This  is  the  number  now  employed  by  him.  The  Bu- 
reau recommends  that  the  Judges  limit  the  number  authorized 
to  36. 

It  is  believed  that  the  number  of  clerks  recommended  can 
easily  perform  all  of  the  work  which  will  be  required  of  them. 
During  the  year  191 2  the  volume  of  business  handled  by  each  of 
these  offices  has  varied  but  little  as  compared  with  that  of  the 
previous  year.  There  is  nothing  to  indicate  that  there  will  be 
any  material  increase  in  the  work  during  the  ensuing  year. 

The  tables  on  pages  14  and  23  set  forth  specifically  the  po- 
sitions and  salary  rates  which,  in  the  opinion  of  the  Bureau, 


Clerks  of  Circuit  and  Superior  Courts  7 

should  be  authorized  for  the  respective  offices.     Charts  of  pro- 
posed organization  are  shown  on  pages  26  and  27. 

It  is  respectfully  suggested  that  the  Judges  of  the  Circuit 
Court  in  entering  their  formal  order  adopt  and  use  the  de- 
scriptive titles  appearing  in  the  tables  above  mentioned. 

IV.    CONSOLIDATION    OF    RECORD-WRITING  AND  FOLIO 
DIVISIONS  URGED. 

In  each  office  three  separate  divisions  are  maintained  for 
performing  the  record-writing  and  folio  service.  The  work  of 
each  of  these  divisions  is  closely  related  to  the  others.  They 
should  be  consolidated  and  their  forces  reorganized.  Modern 
methods,  including  the  use  of  typewriters,  should  be  introduced. 
The  Bureau  believes  that  any  changes  in  the  present  arrange- 
ments for  doing  this  work  which  fall  short  of  its  complete  re- 
organization not  only  will  be  difficult  to  effect,  but  that  they 
will  prove  inadequate  and  unsatisfactory.  It,  therefore,  again 
earnestly  recommends  that  the  antiquated  methods  now  in  use 
be  discarded  altogether  and  that  the  work  be  organized  and  con- 
ducted in  an  efficient  and  business-like  manner. 

Attention  is  directed,  however,  to  the  fact  that  even  under 
present  methods  a  considerable  saving  could  be  made  in  the  cost 
of  performing  the  record-writing  and  folio  service,  if  the  clerks 
employed  were  required  to  do  a  reasonable  day's  work  and  if 
salaries  were  fixed  at  rates  commensurate  with  the  character  of 
the  work  performed. 

V.    LACK   OF    GOOD   FAITH   APPARENT    IN   THE   APPOINTMENT    OF 
ADDITIONAL  CLERKS  IN  THE  SUPERIOR  COURT  OFFICE. 

In  November,  191 1,  the  Gerk  of  the  Superior  Court  request- 
ed that  he  be  given  15  additional  clerks.  In  the  petition  which 
he  filed  at  that  time  he  stated  that  the  election  of  six  additional 
judges  would  make  this  extra  clerical  force  necessary.  No  pre- 
tense was  then  made  that  more  clerks  were  needed  for  any  work 
except  that  which  might  arise  as  a  result  of  an  increase  in  the 
number  of  judges  trying  cases  in  this  court. 


8  Chicago  Bureau  of  Public  Efficiency 

At  the  time  the  Judges  of  the  Circuit  Court  were  consider- 
ing the  request  of  the  Clerk,  conditions  seemed  to  indicate  that 
as  a  result  of  the  election  the  number  of  trial  judges  of  the  Su- 
perior Court  would  be  increased  by  three,  and  on  this  ground  the 
Clerk  was  authorized  to  employ  lo  additional  men.  The  other 
three  newly  elected  judges  either  took  the  places  of  country 
judges,  who  had  been  sitting  in  the  Superior  Court,  or  were 
assigned  to  the  Criminal  Court. 

The  Appellate  Court  and  the  Criminal  Court  are  presided  over 
by  judges  assigned  in  part  from  the  Superior  Court.  As  a  result, 
some  of  the  Superior  Court  judges  are  always  engaged  in  these 
other  two  courts.  Additional  assignments  which  were  made  to 
these  courts  prior  to  April  i,  191 2,  operated  to  reduce  the  num- 
ber of  judges  then  trying  cases  in  the  Superior  Court  to  10. 
This  was  the  number  of  judges  nominally  sitting  in  that  court 
in  November,  191 1,  when  the  Clerk  made  his  request  for  more 
clerical  help. 

Eight  only  of  the  10  new  positions  authorized  have  been 
filled.  These  eight  appointments  were  not  made  until  April  and 
May,  1912 — more  than  four  months  after  the  authority  to  make 
them  had  been  granted.  At  the  time  of  making  these  appoint- 
ments, it  was  obvious  that  for  the  remainder  of  the  year  1912 
the  number  of  judges  sitting  in  the  Superior  Court  would  be 
no  greater  than  it  had  been  during  191 1,  and  that  there  would 
be  no  occasion  for  additional  men  with  which  to  man  the  courts 
and  spread  the  records  of  court  proceedings. 

The  employment  by  the  Clerk  of  the  Superior  Court  of  eight 
additional  clerks  under  such  circumstances  and  their  assignment 
to  the  performance  of  work,  in  connection  with  which  previously 
he  had  not  even  pretended  more  help  was  needed,  and  with  re- 
spect to  the  volume  and  character  of  which  there  had  been  no 
material  change,  was  a  manifest  betrayal  of  the  confidence  placed 
in  the  Clerk  by  the  Judges  of  the  Circuit  Court  when  they  cre- 
ated these  additional  clerkships.  It  should  not  be  permitted  to 
go  unrebuked. 


I 


THE  OFFICE  OF 

Clerk  of  the  Circuit  Court 

AND  THE  OFFICE  OF 

Clerk  of  the  Superior  Court 

OF 
COOK  COUNTY. 


A  SUPPLEMENTAL  INQUIRY  INTO  THEIR  ORGANIZATION 
AND  METHODS  OF  ADMINISTRATION. 


circuit  COURT. 


During  the  year  191 1  the  Clerk  of  the  Circuit  Court  had  62 
assistants.  Fifty-two  of  them  were  employed  in  the  main  office 
and  10  were  engaged  on  Juvenile  Court  work.  For  the  year 
1912,  63  clerks — 52  for  the  main  office  and  11  for  the  Juvenile 
Court — were  requested  by  the  Clerk  and  authorized  by  the 
Judges.  The  petition  of  the  Clerk,  filed  in  June,  1912,  asks  that 
a  like  number  be  allowed  for  the  year  191 3. 

The  Former  Report  of  the  Bureau. 

In  the  former  report  on  this  office,  which  was  issued  in  De- 
cember, 191 1,  the  Bureau  dealt  only  with  matters  related  to  the 
administration  of  the  business  of  the  main  office.  The  Juvenile 
Court  staff  was  not  considered.  The  same  course  has  been  fol- 
lowed in  preparing  this  supplemental  report. 

In  the  former  report  it  was  shown  that  more  clerks  were 
employed  during  191 1  than  were  necessary  to  perform  the  work 
of  that  year,  and  the  opinion  was  expressed  that,  if  the  force 
were  reorganized  and  modern  methods  substituted  for  those  then 


lo  Chicago  Bureau  of  Public  Eihciency 

in  use,  the  number  of  clerks  necessary  to  do  the  work  properly 
could  be  reduced  from  52  to  37.  The  annual  saving  in  salaries, 
which  the  changes  recommended  would  have  made  possible,  was 
estimated  at  approximately  $25,000. 

The  Supplemental  Investigation. 

The  supplemental  investigation  just  completed  shows  that  52 
clerks  are  still  employed.  Eleven  clerks,  nine  of  whom  are  min- 
ute clerks,  have  received  minor  salary  advances  aggregating 
$1,840.  The  amount  of  work  performed  during  the  current  year 
shows  a  slight  decrease  as  compared  with  that  performed  during 
191 1.  There  are  no  indications  that  there  will  be  any  material 
increase  in  the  volume  of  business  to  be  handled  in  191 3. 

The  Bureau,  therefore,  renews,  with  two  exceptions  (see 
pages  12-13),  the  recommendations  which  it  made  in  its  former 
report.  It  submits  that  they  should  be  adopted.  The  useless  ex- 
penditure of  public  funds,  which  was  shown  and  which  is  still 
going  on,  should  be  stopped. 

Decrease  Recommended  in  General  Staff. 

Briefly,  the  former  report  of  the  Bureau  recommended  the 
discontinuance  altogether  of  the  services  of  six  members  of  the 
general  executive  staflF,  the  consolidation  of  the  record-writing 
and  folio  divisions,  and  a  complete  change  in  the  methods  em- 
ployed in  handling  the  work  of  these  divisions.  The  six  clerk- 
ships above  referred  to  were  the  following: 

I  assistant  chief  clerk $2,000 

I  assistant  execution  clerk 2,000 

I  bookkeeper   2,400 

I  register  clerk 1,200 

I  vault  clerk 1,000 

I  docket  clerk 1,200 

6  $9,800 

The  abolition  of  these  clerkships  was  recommended  because 
the  volume  of  work  to  be  performed  did  not  warrant  their  re- 


Clerks  of  Circuit  and  Superior  Courts  II 

tention.     Their  duties  can  be  readily  assigned  to  other  clerks 
without  burdening  any  of  the  latter. 

Consolidation  of  Record-Writing  and  Folio  Divisions  Urged. 

With  respect  to  the  work  of  the  record-writing  and  folio 
divisions,  it  was  said  in  the  former  report  of  the  Bureau  (Re- 
port, Dec,  191 1,  pp.  17-19)  : 

In  each  office  three  separate  divisions  are  maintained  for  per- 
forming the  record-writing  and  folio  service.  All  records  and  copies 
are  written  out  in  long  hand,  although  printed  form  books  are  pro- 
vided in  some  cases. 

The  efficient  administration  of  these  branches  of  the  service 
calls  for  the  consolidation  in  each  office  of  the  several  divisions  now 
maintained  as  well  as  a  substitution  of  modern  methods  and  devices 
for  those  now  in  use.  The  work  is  closely  related,  and  as  the  forces 
are  now  organized  an  interchange  of  clerks  is  occasionally  necessary. 
If  such  a  consolidation  were  effected,  the  work  of  the  respective 
staffs  could  be  more  readily  adapted  to  the  changing  requirements 
of  the  service.  The  entire  volume  of  the  work,  moreover,  could  be 
more  equitably  distributed.  Such  a  change  should  also  bring  about 
a  reduction  in  the  cost  of  doing  the  work. 

The  plan  here  proposed,  as  shown  by  the  charts*  on  pages  20 
and  34,  would  provide  for  a  superintendent,  an  assistant  superintend- 
ent, one  transcript  compiler,  a  general  clerk  and  five  typists  in  each 
office  to  perform  the  work  of  spreading  records  and  preparing  neces- 
sary copies.  To  the  superintendent  would  be  assigned  the  duty  of  lay- 
ing out  and  supervising  the  work.  He  would  also  be  required  to 
draft  such  law  orders  as  were  not  purely  formal,  which  would  reduce 
the  work  of  spreading  law  orders  practically  to  a  basis  of  copy  work. 
The  compiling  of  records  for  appeals  and  the  preparation  of  certified 
copies  would  be  assigned  to  the  assistant  superintendent,  who  would 
be  assisted  by  the  transcript  compiler.  The  latter  clerk  would  also 
attend  to  opening  the  original  entries  in  both  the  common  law  and 
chancery  dockets  and  would  operate  the  confession  and  such  other 
form  records  as  might  be  found  expedient.  The  general  clerk  would 
perform  such  general  duties  as  might  be  required  of  him.    The  writ- 


*  Similar  charts  of  organization  will  be  found  on  pages  26  and  27  of 
this  report. 


12  Chicago  Bureau  of  Public  Efficiency 

ing  of  the  chancery  short  orders  would,  of  course,  be  assigned  to  the 
chancery  minute  clerks. 

The  following  yearly  salary  rates  are  recommended:  Superin- 
tendent, $2,000;  assistant  superintendent,  $1,500;  transcript  compiler, 
$1,200;  general  clerk,  $1,000;  and  typists,  $1,000  each. 

It  is  believed  that  under  this  arrangement  nine  clerks  in  each 
ofSce,  with  salaries  aggregating  $10,700,  could  perform  the  work  of 
the  present  record-writing  and  folio  divisions.  For  this  purpose 
twenty  clerks  are  now  carried  on  the  pay  roll  of  the  Superior  Court 
office,  at  an  aggregate  annual  cost  of  $28,360,  while  eighteen  clerks, 
with  salaries  aggregating  $26,100  a  year,  are  assigned  to  this  work 
in  the  Circuit  Court  office.  An  annual  saving  of  $17,660  in  the  Su- 
perior Court  and  of  $15,400  in  the  Circuit  Court  is  therefore  indi- 
cated. As  the  plan  proposed  would  necessitate  assigning  an  extra 
clerk  to  the  naturalization  work  of  the  Circuit  Court  office,  this  lat- 
ter figure  should  be  reduced  to  $14,200.  The  transfer  of  the  writing 
of  chancery  short  orders  to  the  minute  clerks  and  on  account  thereof 
an  increase  of  salaries  in  some  instances  would  reduce  the  Superior 

Court  figure  to  $16,860. 

»  »  »  «  ♦  • 

The  introduction  of  typewriters  would,  of  course,  call  for  the 
co-operation  of  the  county  board.  Five  book  machines  and  two  or 
three  standard  machines  in  each  office,  requiring  an  initial  expendi- 
ture of  about  $2,000,  would  meet  the  present  demands  of  the  service. 

Since  the  foregoing  was  written,  several  minor  changes  have 
been  made  in  the  organizations  as  they  then  existed  and  in  sal- 
ary rates  paid.  What  was  formerly  said,  however,  with  respect 
both  to  the  number  employed  and  the  economies  which  could  be 
effected,  is  still  substantially  true. 

It  is  believed  that  the  organization  recommended  would  ex- 
perience no  difficulty  in  performing  this  work,  when  the  typists 
who  would  be  assigned  to  the  law  record- writing  had  become 
familiar  tliercwith.  It  is  recognized,  however,  that  the  spread- 
ing of  records  of  this  character  involves  more  than  tvpewriting 
and  that  it  may  be  necessary  to  train  typists  to  do  it.  It  is  rec- 
ommended, therefore,  that  in  addition  to  the  force  above  men- 
tioned an  experienced  clerk  be  retained  in  each  office  during  tiie 


i 


Clerks  of  Circuit  and  Superior  Courts  13 

ensuing  year  to  supervise  the  writing  of  the  law  records,  and 
that  his  salary  be  fixed  at  $1,800. 

Not  all  of  the  waste  in  connection  with  the  record-writing 
and  folio  divisions  of  the  service  is  due  to  the  methods  used. 
As  was  pointed  out  in  the  former  report,  if  the  clerks  in  these 
divisions  were  required  to  do  a  reasonable  amount  of  work,  and 
if  their  salaries  were  fixed  at  rates  commensurate  with  the  char- 
acter of  work  performed,  a  very  considerable  saving  could  be 
made.  The  Bureau  believes,  however,  that  any  changes  in  the 
present  arrangements  for  performing  this  work  which  fall  short 
of  a  consolidation  and  complete  reorganization  of  these  divisions 
not  only  will  be  difficult  to  effect,  but  that  they  will  prove  un- 
satisfactory. It,  therefore,  again  earnestly  recommends  that  the 
antiquated  methods  now  in  use  be  discarded  altogether  and  that 
the  work  be  organized  and  conducted  in  an  efficient  and  business- 
like manner. 

Minute  Clerks. 

At  the  time  the  Bureau  published  its  former  report  in  De- 
cember, 191 1,  there  were  11  judges  trying  cases  in  the  Circuit 
Court.  The  report,  therefore,  recommended  the  employment  of 
II  minute  clerks.  An  additional  chancery  calendar  has  been  pre- 
pared for  the  current  court  year.  This  will  necessitate  the  serv- 
ices of  one  mxore  minute  clerk  than  was  formerly  recommended. 

Clerkships  Recommended  for  1913. 

For  the  year  1913  the  Bureau  recommends  that  the  follow- 
ing 39  assistants  be  authorized  for  the  Clerk  of  the  Circuit 
Court  and  that  their  salaries  be  fixed  at  the  rates  set  out  below. 
It  is  respectfully  suggested,  moreover,  that  in  the  formal  order 
authorizing  their  employment  the  descriptive  titles  appearing  in 
the  table  be  used. 


14  Chicago  Bureau  of  Public  Efficiency 

TABLE  SHOWING  NUMBER  OF  CLERKSHIPS  RECOMMENDED 

BY  THE  BUREAU;  ALSO  DESCRIPTIVE  TITLES  AND 

SALARY  RATES  PROPOSED. 

Descriptive  Title.  Salary. 

I   chief  clerk $  3,000 

I  clerk  in  charge 1,800 

I  filing  and  process  clerk 1,800 

I  assistant  filing  and  process  clerk 1,500 

I  cashier 1,800 

1  execution  clerk 2,000 

2  pending  file  clerks  ($1,200  each) 2,400 

I  vault  clerk 1,000 

I  register  clerk 1,200 

I  general  clerk 1,000 

1  stenographer 1,000 

2  naturalization  clerks  ($1,500  each) 3,000 

I  naturalization  clerk i  ,200 

I  superintendent,  record-writing  and  folio  division 2,000 

I  asst.  superintendent,  record-writing  and  folio  division.  .  1,500 

I  transcript  compiler,  record-writing  and  folio  division. .  1,200 

I  general  clerk,  record-writing  and  folio  division i  .000 

I  law  record-writer 1,800 

5  stenographers  and  typists  for  work  in  record-writing 

and  folio  division  ($1,000  each) 5,000 

4  chancery  minute  clerks  ($1,800  each) 7,200 

8  law  minute  clerks  ($1,500  each) 12,000 

I  substitute  minute  clerk 1,200 

I  stenographer  for  use  of  judges 1,500 

39  $57,100 

Saving  Which  Can  Be  Effected. 

The  salary  appropriations  for  the  clerical  force  of  this  office 
for  the  year  191 2  aggregated  $78,400.  If  the  foregoing  plan  of 
organization  is  adopted,  an  annual  saving  of  $21,300  can  be  made. 
This  amounts  approximately  to  27  per  cent  of  the  present  pay 
roll  expenditure. 


SUPERIOR  COURT 

Fifty-one  clerks  were  employed  in  the  office  of  the  Clerk 
of  the  Superior  Court  during  the  year  191 1.  On  November  20, 
191 1,  the  Clerk  filed  his  petition  for  help  for  the  year  1912.  In 
that  petition  he  stated:  "At  the  election  held  November  last, 
six  additional  judges  were  elected  to  this  Court,  which  will  make 
it  necessary  to  have  an  additional  clerical  force  of  15  men." 
The  Judges  of  the  Circuit  Court  declined  to  grant  this  request 
in  full,  but  authorized  10  additional  clerks. 

On  June  i,  1912,  the  Clerk  filed  a  petition  setting  forth  the 
number  of  employes  which  he  estimated  would  be  required  to 
perform  the  work  of  the  office  during  the  year  1913.  In  this 
petition  he  stated : 

For  the  year  1912  I  requested  an  additional  allowance  of  fifteen 
men  because  of  the  election  of  six  additional  judges  to  the  Superior 
Court.  After  mature  investigation,  I  decided  that  ten  additional 
men  would  be  sufficient,  and  so  notified  Judge  Baldwin;  consequently 
the  Circuit  Judges  gave  me  ten  additional  men  for  1912  instead  of 
fifteen  as  per  my  original  request;  and  in  making  requisition  for  the 
additional  men  from  the  Civil  Service  Commission  I  reduced  the  num- 
ber to  eight,  and  while  the  office  will  need  this  number  of  men  for 
the  year  1913,  I  am  inclined  to  believe  this  number  will  be  sufficient. 

At  the  time  of  this  supplemental  investigation,  59  clerks 
were  being  carried  on  the  pay  roll. 

The  Supplemental  Investigation. 

The  Bureau  has  supplemented  the  inquiry  which  it  made  in 
191 1  into  the  affairs  of  this  office  by  a  second  careful  investiga- 
tion. It  finds  that,  except  for  the  addition  of  the  eight  clerks 
above  mentioned,  there  have  been  no  substantial  changes  in  the 
organization  of  the  force  during  1912,  and  that  the  methods  em- 
ployed in  doing  the  work  are  the  same  as  at  the  time  of  the 
former  inquiry.  As  in  the  Circuit  Court  office,  salary  raises 
have  been  granted  in  a  few  instances.  The  volume  of  business 
handled  during  the  past  year  has  not  differed  substantially  from 
that  handled  during  1911. 


i6  Chicago  Bureau  of  Public  Efficiency 

As  a  result  of  this  supplemental  investigation,  the  Bureau 

is  of  the  opinion : 

T,  That  the  services  of  the  eight  clerks  who  were  added 
to  the  pay  roll  in  April  and  May,  19 12,  have  not  been  needed 
at  any  time  since  the  appointments  were  made.  On  Novem- 
ber 30,  1912,  their  salaries  will  have  aggregated  approxi- 
mately $5,600. 

2.  That  the  changes  in  methods  and  organization  which 
were  recommended  by  the  Bureau  in  its  report  of  December, 
191 1,  should  be  adopted  and  put  into  effect.  These  changes, 
if  made,  would  not  only  effect  large  economies,  but  would 
result  in  more  efficient  service. 

3.  That  36  clerks  can  easily  perform  the  work  to  be 
done  during  the  year  19 13  and  that  this  number  only  should 
be  authorized  by  the  Judges  instead  of  the  59  now  employed 
and  again  requested.  There  is  nothing  to  indicate  that  the 
amount  of  work  which  this  office  will  be  called  upon  to  per- 
form during  19 13  will  be  greater  than  that  which  has  been 
performed  during  either  of  the  past  tw^o  years. 

Tke  Six  Additional  Judges. 

It  will  be  noted  that  the  additional  help  for  1912  was  asked 
on  the  pretext  that  the  election  of  six  additional  judges  would 
require  a  larger  clerical  force. 

It  was  pointed  out  in  the  report  of  the  Bureau  last  year 
that  not  all  of  the  judges  who  are  elected  as  Superior  Court 
judges  actually  sit  at  the  same  time  to  try  cases  in  that  court. 
Several  of  them  are  always  engaged  in  the  Appellate  and  Crim- 
inal Courts.  Two  of  the  new  judges  mentioned  above  were 
transferred  to  the  Criminal  Court.  Prior  to  December  4,  when 
the  newly  elected  judges  came  on  the  bench,  there  had  been 
two  country  judges  trying  cases  in  the  Superior  Court.  The 
latter  did  not  sit  after  December  4,  their  places  being  taken  by 
two  of  the  other  new  judges. 

The  reorganization  of  the  Superior  Court  judiciary  which 
took  place  about  December  i  and  the  assignments  of  judges 
which  were  made  to  the  Criminal  and  Appellate  Courts  at  that 
time,  or  shortly  afterwards,  brought  about  the  following  comli- 


J 


Clerks  of  Circuit  and  Superior  Courts  17 

tions.  For  18  days  subsequent  to  December  4,  191 1,  there  were 
13  judges  sitting.  The  number  was  then  reduced  to  11,  and 
this  status  was  maintained  until  April  i,  when  the  number  was 
further  reduced  to  10.  During  this  time  the  work  of  the  office 
was  being  carried  on  by  51  clerks.  Six  of  the  eight  additional 
clerks  were  not  appointed  until  April  20,  1912,  and  the  other 
two  were  appointed  at  a  later  date.  After  April  20  and  prior 
to  July  13,  when  the  courts  closed  for  the  summer,  there  were 
only  eight  days  on  which  the  number  of  judges  sitting  exceeded 
10 — and  10  was  the  usual  number  of  judges  assigned  to  the  trial 
calendars  of  this  court  during  practically  the  entire  year  prior 
to  December  i,  191 1. 

It  is  evident,  therefore,  that  the  "election  of  six  additional 
judges"  has  not  occasioned  any  necessity  for  increasing  the  num- 
ber of  employes  in  the  Clerk's  office. 

How  the  Eight  New  Clerks  Were  Assigned. 

When  the  ground  upon  which  the  additional  clerks  were 
asked  is  considered,  the  manner  in  which  their  services  v/ere 
utilized  after  their  appointment  is  worthy  of  note.  Classified 
in  a  very  general  way,  the  work  of  a  court  clerk  and  his  as- 
sistants involves :  First,  the  receipt  and  filing  of  papers  and 
the  issuance  of  process,  and  the  keeping  of  records  incidental 
to  this  work,  such  as  dockets,  indexes,  registers,  etc. ;  and,  sec- 
ond, the  recording  of  the  proceedings  had  before  the  judges. 

An  increase  in  the  number  of  judges  trying  cases  would 
not  affect  the  volume  of  work  of  the  first  class,  as,  for  instance, 
that  incident  to  the  commencem.ent  of  new  suits.  On  the  other 
hand,  an  increase  in  the  number  of  judges  would  immediately 
require  more  minute  clerks  with  which  to  man  the  courts,  and 
the  effect  of  the  additional  work  which  these  judges  would  do 
would  at  once  be  noticed  in  the  record-writing  division  through 
an  increase  in  the  numiber  of  orders  and  decrees  to  be  spread 
upon  the  records. 

It   is    significant,    therefore,    that   none    of    the    eight    addi- 


i8  Chicago  Bureau  of  Public  EMciency 

tional  clerks  have  been  performing  the  work  of  minute  clerks  or 
record-writers.  The  reason  is  apparent — there  was  no  addi- 
tional work  of  that  character  to  be  performed.  Under  these 
circumstances,  it  seems  pertinent  to  inquire: 

1.  //  these  men  were  asked  for  in  good  faith,  why  were 
they  employed  at  all,  when  it  became  obvious  that  the  number 
of  judges  neither  was  nor  would  be  any  greater  than  before? 

2.  Why  were  they  all  assigned  to  work  for  which  the 
Clerk  had  not  even  pretended  additional  help  was  needed? 

The  following  table  shows  the  number  of  clerks  employed 
during  the  year  191 1,  also  the  number  employed  subsequent  to 
May  10,  19 1 2,  when  the  eight  additional  clerks  had  all  been  ap- 
pointed. The  group  classification  is  in  accordance  with  duties 
performed : 

Classification  Number  Employed  Number  Employed 

by  Groups.  During  1911.  During  1912.  Increase. 

General  staff*  i8  24  6 

Naturalization  clerks 2  4  2 

Law  record-writers   4  4 

Chancery  record-writers 12  10  ^2 

Folio  clerks 5  7  2 

Minute  clerks   10  10 

Total 51 59 8 

*Chief  clerk  and  judges'  stenographer  are  included. 
fDecrease. 

Changes  in  the  General  Staff. 

The  following  six  clerks  were  added  to  the  general  staff: 
I  additional  register  clerk. 
I  additional  vault  clerk. 
3  additional  general  clerks. 
I  night  clerk. 

Prior  to  the  appointment  of  the  additional  register  clerk, 
one  clerk   was   operating  the   general    register,   and   documents 


Clerks  of  Circuit  and  Superior  Courts  19 

were  being  registered  within  approximately  two  hours  of  the 
time  of  filing.  The  service  in  this  respect  was  excellent.  Dur- 
ing the  past  year  there  has  been  a  nominal  decrease  in  the 
amount  of  work  to  be  done  and  there  has  been  no  occasion  what- 
ever for  the  services  of  an  additional  clerk.  Observations  on 
the  part  of  the  investigators  of  the  Bureau  tend  to  show  that, 
since  the  work  has  been  divided  between  two  clerks,  each  has 
found  it  necessary  to  devote  a  considerable  portion  of  his  time 
to  "soldiering." 

In  191 1,  two  clerks  were  assigned  to  the  main  vault.  It  was 
the  opinion  of  the  Bureau  at  the  time  of  its  former  investigation 
that  one  man  could  handle  this  work  if  occasional  assistance 
were  given  him  by  the  general  clerks.  It  now  finds  not  only 
that  the  reduction  recommended  has  not  been  made,  but  that  an 
additional  man  has  been  assigned  to  this  work.  At  the  time  of 
preparing  this  report  (October)  one  of  these  clerks  was  on  fur- 
lough and  it  had  not  been  found  necessary  to  substitute  any  one 
in  his  place.  Two  of  the  three  clerks  now  employed  should  be 
dispensed  with. 

Three  additional  general  clerks  have  also  been  added,  mak- 
ing the  total  number  five.  Neither  of  these  clerks  is  assigned  to 
any  specific  work.  With  the  office  manned  so  as  to  provide  a 
regular  clerk  or  clerks  for  every  definite  kind  of  work  which  the 
force  is  called  upon  to  perform,  the  occasion  for  five  clerks  with 
nothing  in  particular  to  do  is  not  apparent.  Last  year  there 
were  two  general  clerks;  it  was  the  opinion  of  the  Bureau  that 
they  furnished  all  of  the  help  necessary  for  relief  or  emergency 
purposes.    The  three  new  appointees  should  be  discharged. 

The  employment  of  a  "night  clerk"  is  a  departure.  No 
other  Clerk's  office  is  provided  with  such  an  employe.  His  duty, 
as  set  forth  in  the  petition  of  June  i,  1912,  "is  to  wait  on  the 
public  and  to  protect  the  office  between  3  and  11  o'clock  until 
the  office  is  finally  closed."  The  office  is  "finally  closed"  about  5 
o'clock  so  far  as  the  "public"  is  concerned.     If  this  clerk  is 


20  Chicago  Bureau  of  Public  Efficiency 

needed  to  wait  on  the  "public"  from  3  until  5  o'clock,  why  not 
before  3  o'clock?  With  the  office  closed  to  the  public,  condi- 
tions between  5  and  11  o'clock  (except  for  the  presence  of  the 
janitor  force)  are  the  same  as  they  are  between  11  o'clock  and 
the  time  when  the  office  opens  in  the  morning.  No  other  county 
office  finds  it  necessary  to  protect  itself  against  the  janitor  force. 
If  protection  from  any  other  danger  is  needed,  why  not  after 
II  o'clock  as  well  as  before?  The  Bureau  believes  that  this 
position  is  entirely  unnecessary  and  that  it  should  be  abolished 
forthwith. 

Naturalization  Clerks. 

In  December,  1911,  two  clerks  were  assigned  to  the  nat- 
uralization work  of  the  office.  These  clerks  had  performed  all 
of  thp  current  work  up  to  that  time.  For  a  considerable  period 
prior  thereto,  however,  two  other  clerks  had  been  rewriting  the 
naturalization  indexes.  In  his  report  filed  November  20,  191 1, 
the  Clerk  stated  that  this  work  had  been  completed.  Notwith- 
standing the  fact  that  the  back  work  was  then  completed  and 
that  since  that  time  the  volume  of  current  work  has  remained 
practically  the  same  as  before,  the  force  of  clerks  assigned  to 
it  has  been  doubled.  Four  clerks  are  now  doing  the  work  for- 
merly handled  by  two.  Again  it  is  pertinent  to  ask  what  is  the 
connection  between  the  work  of  these  clerks  and  the  election  of 
six  additional  judges. 

Folio  Clerks. 

During  November,  191 1,  there  were  four  clerks  regularly 
employed  in  the  folio  division.  A  fifth  clerk  assisted  in  the  work 
except  at  such  times  as  he  was  required  to  serve  as  a  substitute 
minute  clerk.  It  was  claimed  also  that  during  "rush"  periods 
the  chancery  record-writers  assisted  on  the  folio  work. 

All  of  the  work  of  this  division  is  paid  for  on  the  "piece" 
basis.  The  fees  earned,  therefore,  indicate  the  volume  of  work 
done.     In  its  former  report,  the  Bureau  called  attention  to  the 


Clerks  of  Circuit  and  Superior  Courts  2i 

fact  that  five  clerks  usually  worked  in  this  division.  Since  that 
time  two  more  clerks,  with  salaries  aggregating  $200  a  month, 
have  been  added  to  the  force  formerly  employed.  During  the 
nine  months  ended  July  31,  1912,  the  earnings  of  this  division 
decreased  $373  as  compared  with  the  corresponding  period  of 
the  previous  year.  The  salaries  of  the  clerks  employed  on  this 
work  for  the  same  nine  months  of  the  current  year  were  ap- 
proximately $750  more  than  for  the  corresponding  period  of 
the  previous  year. 

The  plan  recommended  by  the  Bureau  for  the  reorganization 
of  the  record-writing  and  folio  divisions  of  the  service  contem- 
plates the  consolidation  of  the  work  of  this  group  of  clerks  with 
that  of  the  record-writers.  Whether  the  plan  suggested  is  adopt- 
ed or  not,  the  two  clerks  who  were  added  to  this  group  in  April 
and  May,  1912,  should  be  dropped  from  the  force. 

Recommendations  Made  in  Former  Report. 

In  its  report  issued  in  December,  191 1,  the  Bureau  recom- 
mended the  discontinuance  of  the  following  positions.  The  sal- 
ary rates  shown  are  those  authorized  for  the  current  year : 

1  bookkeeper   $2,400 

2  process  clerks   2,520 

I  judgment  clerk 1,800 

I  vault  clerk 1,200 

Total    $7,920 

As  in  the  case  of  the  Circuit  Court  office,  the  reason  as- 
signed for  abolishing  these  clerkships  was  that  the  volume  of 
work  to  be  done  did  not  justify  their  retention. 

It  was  shown  in  that  report  that  the  cost  of  spreading  the 
records  of  court  proceedings  was  excessive  in  both  the  law 
and  chancery  divisions.  The  consolidation  of  these  divisions  of 
the  service  with  the  work  of  the  folio  division  and  the  substitu- 
tion of  typewriters  for  the  longhand  copying  method  were  rec- 
ommended for  the  purpose  of  remedying  the  conditions  shown. 


22  Chicago  Bureau  of  Public  Efficiency 

What  was  said  on  this  subject  at  that  time  appears  on  page  ii  of 
this  report.  It  applies  now  with  as  much  force  as  it  did  then. 
The  annual  saving  which  the  Bureau  believed  it  possible  to  ef- 
fect by  making  these  changes  was  estimated  at  $16,860. 

The  mere  shifting  of  the  work  of  writing  the  chancery  short 
orders  from  the  record-writing  clerks  to  the  chancery  minute 
clerks  would  alone  effect  an  annual  saving  of  $5,7cxd  and  at  the 
same  time  permit  of  paying  these  minute  clerks  additional  com- 
pensation commensurate  with  the  extra  work  performed.  This 
is  now  the  practice  in  the  Circuit  Court. 

It  was  pointed  out,  however,  that  the  excessive  cost  of  pre- 
paring the  records  under  present  methods  was  due  largely  to  the 
small  average  amount  of  work  done  by  each  clerk  and  the  un- 
usually high  salary  rates  which  are  paid  for  this  character  of 
work.  As  was  said  on  page  13  of  this  report  with  respect  to 
the  record-writing  work  in  the  Circuit  Court  office,  if  the  clerks 
were  required  to  do  a  fair  day's  work  and  were  paid  onlv  rea- 
sonable salary  rates,  the  cost  of  this  work  could  be  greatly  re- 
duced. The  Bureau  repeats,  however,  that  the  antiquated  meth- 
ods now  in  use  should  be  discarded  altogether. 

Minute  Clerks. 

The  number  of  regular  minute  clerks  recommended  by  the 
Bureau  in  its  report  of  December,  191 1,  was  13.  This  number 
was  based  on  the  number  of  judges  then  trying  cases  in  the 
Superior  Court.  Investigation  shows  that  for  the  greater  part 
of  the  time  since  that  report  was  issued  the  maximum  number 
of  judges  sitting  has  been  10.  Since  the  calendars  made  up  for 
the  current  court  year  provide  for  only  that  number  of  judges, 
ID  regular  minute  clerks  and  one  substitute  should  be  sufficient 
to  man  the  courts.  If  additional  assistance  is  needed,  the  main 
office  force  is  ample  to  provide  it. 

Clerkships  Recommended  for  191 3. 

For  the  year  191 3  the  Bureau  recommends  that  the  follow- 


Clerks  of  Circuit  and  Superior  Courts  23 

ing  36  assistants  be  authorized  for  the  Clerk  of  the  Superior 
Court  and  that  their  salaries  be  fixed  at  the  rates  set  out  below. 
It  is  respectfully  suggested,  moreover,  that  in  the  formal  order 
authorizing  their  employment  the  descriptive  titles  appearing  in 
the  table  be  used. 

TABLE  SHOWING  N"CJMBEE  OF  CLEEKSHIPS  BECOMMENDED 

BY  THE  BUEEAU;  ALSO  DESCEIPTIVE  TITLES  AND 

SALAEY  EATES  PEOPOSED. 
Descriptive  Titles.  Salary. 

I  chief  clerk $  3,000 

I  filing  and  process  clerk 2,000 

I  assistant  filing  and  process  clerk 1,500 

I  cashier 1,800 

I  execution  clerk 1,800 

I  pending  file  clerk i  ,320 

I  pending  file  clerk 1,200 

I  vault  clerk 1,000 

I  register  clerk 1,200 

I  general  clerk 1,500 

I  general  clerk 1,000 

I  stenographer 1,000 

I  naturalization  clerk 1,800 

I  naturalization  clerk 1,500 

I  superintendent,  record-writing  and  folio  division 2,000 

I  asst.  superintendent,  record-writing  and  foHo  division,  .  1,500 

I  transcript  compiler,  record- writing  and  folio  division.  .  1,200 

I  general  clerk,  record- writing  and  folio  division 1,000 

I  law  record-writer 1,800 

5  stenographers  and  typists  for  work  in  the  record-writ- 
ing and  folio  division  ($1,000  each) 5,ooo 

3  chancery  minute  clerks  ($1,800  each) 5,40O 

7  law  minute  clerks  ($1,500  each) 10,500 

I  substitute  minute  clerk 1,200 

I  judges'  stenographer 1,500 

36  $52,720 


24  Chicago  Bureau  of  Public  EMciency 

Saving  Which  Can  Be  Effected. 

If  the  clerical  force  requested  for  the  year  191 3  by  the  Clerk 
of  the  Superior  Court  is  authorized,  the  salary  appropriations 
for  the  office  will  aggregate  $85,740  on  the  basis  of  the  rates 
now  paid.  If  the  foregoing  plan  of  reorganization  is  adopted, 
an  annual  saving  of  $33,020  can  be  made.  This  amounts  ap- 
proximately to  39  per  cent  of  the  present  pay  roll  expenditure. 


CHARTS    OF   PROPOSED    ORGANIZATION    AND    SALARY 
RATES  RECOMMENDED. 

Charts  of  proposed  organization  and  salary  rates  recom- 
mended for  the  year  1913  are  shown  on  the  pages  immediately 
following.  An  examination  of  these  charts  and  of  the  tables  on 
pages  14  and  23  of  this  report  will  show  that  for  the  most  part 
the  recommendations  made  this  year  conform  with  those  indi- 
cated on  the  charts  appearing  on  pages  20  and  34  of  the  former 
report  of  the  Bureau.  Several  minor  exceptions  will  be  noted, 
however. 

An  additional  clerk  is  now  recommended  for  the  law  record- 
writing  work.  The  reason  assigned  for  this  change  appears  on 
page  12.  It  will  be  noted  that  only  a  temporary  change  is  con- 
templated. The  number  of  minute  clerks  has  been  changed  to 
meet  the  requirements  of  the  current  court  year.  In  a  few  in- 
stances changes  have  been  made  in  the  descriptive  titles. 

Several  discrepancies  appear  between  the  salary  rates  shown 
on  the  charts  appearing  in  the  former  report  and  those  set  out 
in  the  charts  and  tables  of  this  report.  In  a  few  cases  also,  the 
rates  recommended  for  1913  for  corresponding  positions  in  the 
two  offices  are  not  the  same. 

The  Legislature  in  1909  increased  the  compensation  of  each 
of  these  Clerks  from  $5,000  to  $9,000  a  year.  The  new  rate  will 
go  into  effect  in  December,  1912,  The  rate  shown  on  the  for- 
mer charts  for  law  minute  clerks  was  $1,320,  which  was  the 
prevailing  rate  then  paid  for  this  class  of  service.  When  the 
1912  budget  was  passed  this  rate  was  raised  to  $1,500.  The 
Bureau  believes  that  the  salaries  for  this  class  of  work  should 
not  be  increased  beyond  the  present  rate.  On  the  charts  shown 
in  this  report  the  present  rate  has  been  substituted  for  the  old  one. 
With  respect  to  the  other  rates  shown  on  the  former  charts,  the 
Bureau  believes  that  they  are  such  as  would  afford  fair  com- 
pensation for  the  character  of  the  work  indicated.  In  making  its 
recommendations  for  191 3,  however,  it  has  adopted  for  the  most 
part  those  rates  now  paid.  It  has  not  considered  the  differences, 
which  appear  in  only  three  or  four  instances,  to  be  of  sufficient 
importance  to  justify  its  recommending  reductions  in  these  cases 
so  long  as  the  positions  are  held  by  the  present  incumbents. 

137 


26 


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>RIOR  PUBLICATIONS. 


Of  Preparmg  and  AdministarUifir  the  Budget  of  Cook  C« 
linois.      Janusxy,  1911. 
Proposed  Purchase  of  Voting  Macliiues  by  the  Board  of  Electioi 

Commissioners  of  the   City   of  Chicago.     May,    1911.     (Out   of 

Print.) 
Street  Pavement  Laid  in  tlie  City  of  Chicago:     An  Inquiry  Into 

Paving  Materials,  Methods  and  Results.    June,  1911.     (Out  of 

Print.) 
Electrolysis  of  Water   Pipes   in   the   City   of   Chicago.     July,    1911. 

(Out  of  Print.) 
Administration  of  the  Office  of  Recorder  of  Cook  County,  lUtnois. 

September,  1911.  ji^^^^—, 

A  Plea  for  Publicity  in  the  Office  of  County  Trea^jf^^^^ftober, 

1911.    (Out  of  Print.) 
Eepairing  Asphalt  Pavement:    Work  pone  for 

Under  Contract  of  1911..   October,  1911. 
The  Municipal  Court  Acta:    Two  Belated  Proi 

thd  Voters  of  Chicago  Will  Be  Asked  to  Pass  Judj 

Election  of  November  7 — Vote  No.    October  81,  1913 

Print.) 
The  Water  Works  System  of  the  City  of  Chicago.    By 

Maury.    December,  1911. 
Bureau  of  Streets;  Civil  Service  Commission;   and  Special 

ment  Accounting  System  of  the  City  of  Chicago.    Decamber, 

1911. 
AdmlnlBtration  of  the  Office  of  Coroner  of  Cook  County,  Illinois. 

December,  1911. 
Administration  of  the  Office  of  Sheriff  of  Cook  County,  lUinoia.    De- 
cember, 1911.    (Out  of  Print.) 
Administration  of  the  Office  of  Clark  of  the  Circuit  Court  and  of  tba 

Office  of  Clerk  of  the  Superior  Court  Of  Cook  County,  tUtuols.^ 

December,  1811. 
The  Judges  and  the  County  Fee  Offices.    December  19.  1911, 
C^eral  Summary  and  Conclusions  of  Beport  on  the  Fax 

ments  of  Chicago.    December,  1911. 
The  Park  Oovemments  of  Chicago:    An  Inquiry  Into  Tl 

izatioa  and  Methods  of  Adminiatration.    December, 
Offices  of  the  Clerks  of  the  Circuit  and  Superior  Courts: 

mental  Inquiry  Into  T^ir  Organization  aad  Method 

istratlon.    November,  1912. 
Administration  of  the  Office  of  the  Clerk  of  the  County  Col 

Cook  County,  lUiaois.    November,  1912. 
Omce  of  Sheriff  of  Cook  County,  Dlinois:    A  Supplemental 

Into  Its  Organization  and  Methods  of  Administration.    Novem- 
ber, 1912. 
Growing  Cost  of  Elections  in  Chicago  and  Cook  Coimty.     December 

30,  1911 
The  Voting  Machine  Contract.    A  Protest  Against  Its  Recognition 

in  Afiy  Porm  by  the  City  Council  of  the  <?ity  of  Chicago.    Jan- 
uary 1,  1913. 


THE  OFFICE  OF 

COUNTY  TREASURER 

of 
COOK  COUNTY 

ILLINOIS 


AN  INQUIRY  INTO  THE  ADMINISTRATION  OF  ITS  FINANCES 

WITH  SPECIAL  REFERENCE  TO  THE  QUESTION 

OF  INTEREST  ON  PUBLIC  FUNDS 


REPORT       PREPARED       BY       THE 
CHICAGO  BUREAU  OF  PUBLIC  EFFICIENCY 


315  PLYMOUTH  COURT 


CHICAGO  BUREAU 

OF 

PUBLIC  EFFICIENCY 


TRUSTEES 


Julius  Rosenwald,  Chairman 
Alfred  L.  Baker,  Treasurer 
Onward  Bates  Charles  R.  Crane 

Henry  B.  Favill  Walter  L.  Fisher 

George  G.  Tunell  Charles  E.  Merriam 

Victor  Elting 


Harris  S.  Keeler,  Director 
George  C.  Sikes,  Secretary 
T.  W.  Betak,  Accountant 


I^eter  White,  Consulting  Accountant 


TABLE  OF  CONTENTS. 


Page. 
rOEEWOED   4 

INTEODUCTION 5 

SUMMAEY  AND  CONCLUSIONS   11 

Interest  on  Public  Funds 11 

How  the  County  Treasurer  Administers  and  Accounts  for  Public 
Moneys    15 

Eemittances  to  Taxing  Bodies 17 

The  Treasurer 's  Compensation 17 

Needed  Legislative  Changes 18 

Some  Pertinent  Questions 20 

TEXT  OF  EEPOET 21 

The  Powers,  Duties,  and  Compensation  of  the  County  Treasurer, 
Needed  Legislative  Changes 21 

Duties  of  Treasurer 22 

Duties  of  County  Collector 22 

Duties  of  Town  Collector 23 

Duties  of  Town  Supervisor 24 

The  Treasurer's  Control  of  Public  Funds 24 

The  Bonds  Eequired  of  the  County  Treasurer 25 

The  Treasurer's  Compensation  26 

Needed  Legislative  Changes 29 

The  Manner  in  Which  the  Funds  are  Handled  and  the  Accounts 
Thereof  Kept  and  Audited 31 

Permission  to  Inspect  Books  Demanded  by  Bureau  Trustees 31 

Inspection  of  the  "Public"  Eecords  Permitted — What  They 
Disclosed 32 

The  "Treasurer's"  Eecords  and  Accounts 33 

The  ' '  Collector 's ' '  Eecords  and  Accounts 38 

The  ' '  Collector 's ' '  So-Called  ' '  Private ' '  Eecords 39 

The  "Collector's"  "Public"  Eecords 40 

The  "Public"  Eecords— What  They  Showed 41 

Cash  Eeceipts  Withheld  from  "Public"  Eecords 42 

Conditions  Eesulting  from  the  Manner  in  Which  the  Ac- 
counts are  Operated 46 

Eemittances  to  Taxing  Bodies 49 

The  Audit  of  the  Treasurer's  Accounts 51 

The  Question  of  Interest  on  Funds  in  the  Custody  of  the  County 
Treasurer 53 

Mr.  O'Connell  Eefuses  to  Turn  Over  Interest  Earned  in  1912.  .57 

The  Investigation  by  the  Bureau 59 

Procedure  Employed  in  Estimating  Cash  Eeceipts 62 

The  Interest  Computations  of  the  Bureau 66 


FOREWORD. 


This  report  is  in  line  with  the  general  purpose  of  the 
Chicago  Bureau  of  Public  EflBciency  to  furnish  the  pub- 
lic with  exact  information  concerning  public  revenues  and 
expenditures.  It  is  submitted  to  the  tax-paying  public 
of  Cook  County  in  the  hope  that,  through  the  publicity 
which  it  will  give  to  the  scandalous  conditions  which  it 
discloses,  it  may  be  instrumental  in  bringing  about  a 
thorough  investigation  of  the  manner  in  which  the  Coun- 
ty Treasurer  of  Cook  County  handles  and  accounts  for 
the  public  moneys,  including  the  interest  earned  thereon, 
which  are  entrusted  to  his  custody,  and  in  putting  an  end 
to  many  long-standing  abuses  connected  with  the  admin- 
istration of  the  office  of  County  Treasurer. 

Chicago  Bureau  of  Public  Efficiency, 

Harris  S.  Keeler, 
Director. 


INTRODUCTION. 


In  the  accompanying  report  on  The  Office  of  County 
Teeasurek  of  Cook  County,  the  Chicago  Bureau  of  Pub- 
lic Efficiency  presents  the  situation  as  it  exists  to-day 
with  respect  to  the  manner  in  which  the  County  Treas- 
urer of  Cook  County  handles  the  public  moneys  which 
are  entrusted  to  his  custody. 

The  various  funds  handled  by  the  Treasurer  aggregate 
in  amount  approximately  $55,000,000  each  year  and  per- 
haps the  most  important  aspect  of  the  situation  with 
which  this  report  deals  is  the  question  of  interest  on  the 
very  large  sums  which  are  from  time  to  time  subject  to 
the  control  of  this  official. 

The  question  of  the  retention,  by  public  officials  en- 
trusted with  the  custody  of  public  moneys,  of  the  inter- 
est earned  on  those  moneys,  when  they  have  been  placed 
on  deposit  in  the  banks,  is  a  matter  which  has  long  at- 
tracted public  attention  and  toward  which,  in  recent 
years,  both  tlie  public  and  the  custodians  of  the  funds 
have  shown  a  marked  change  of  attitude. 

There  never  has  been  any  serious  controversy  as  to 
the  moral  right — and,  in  the  case  of  the  County  Treas- 
urer, as  to  the  legal  right — of  the  taxpayers  to  such  in- 
terest when  it  has  been  earned.  On  the  other  hand,  it  is 
a  well  recognized  fact  that  a  great  deal  of  this  interest 
has  not  been  turned  into  the  public  treasury.  It  has  been 
a  common  practice  in  the  past  for  the  custodians  of  these 
funds  to  regard  the  interest  as  a  legitimate  ''spoil"  of 
office,  and  to  retain  it  for  their  own  use.  This  has  gen- 
erally been  done  under  the  pretext  that  they  were  under 


8  Chicago  Bureau  of  Public  Efficiency 

bearing  on  the  question  of  interest  on  funds  handled  by 
the  County  Treasurer.  There  are  several  other  ques- 
tions connected  with  the  administration  of  these  funds, 
however,  which  are  so  closely  related  to  the  interest  ques- 
tion that  it  has  been  thought  best  to  include  a  discussion 
of  them  in  the  report.  Among  the  more  important  of 
these  matters  are  the  question  of  the  manner  in  which  the 
funds  are  handled  and  the  accounts  thereof  kept  and  aud- 
ited; the  question  of  the  right  of  taxpayers  to  inspect 
the  Treasurer's  records  and  accounts ;  the  question  of  the 
extent  to  which  the  Treasurer  should  be  held  responsible 
for  the  funds;  and  the  question  of  the  Treasurer's  com- 
pensation. 

As  pointed  out  in  the  text  of  the  report,  the  County 
Treasurer  serves  in  three  important  capacities,  namely, 
as  'treasurer,"  as  '^ county  collector"  and  as  '^town  col- 
lector." The  conduct  of  his  office  necessarily  involves  a 
large  amount  of  administrative  detail  not  directly  con- 
nected with  the  questions  considered  in  this  report.  No 
attempt,  therefore,  has  been  made  to  cover  the  business 
procedure  of  the  office  or  to  describe  in  detail  the  account- 
ing methods  employed  or  the  books  and  records  used,  ex- 
cept in  so  far  as  it  has  been  necessary  to  do  so  to  explain 
the  general  manner  in  which  the  moneys  coming  into  the 
control  of  the  Treasurer  are  handled  and  accounted  for. 

The  inquiry  upon  which  this  report  is  based  was  begun 
in  November,  1911.  The  presentation  of  the  matters  cov- 
ered by  the  report  has  been  delayed  by  the  refusal  of  the 
Treasurer  to  permit  the  examination  of  certain  impor- 
tant records  of  his  office. 

The  records,  the  examination  of  which  was  denied,  are 
kept  at  public  expense  and  by  public  employes,  but  per- 


County  Treasurer  of  Cook  County  9 

mission  to  inspect  them  was  refused  on  the  ground  that 
they  were  '^ private"  records.  The  matters  described 
on  pages  61-65  of  the  report  illustrate,  in  a  measure,  the 
burden  of  work  which  the  refusal  to  permit  an  examina- 
tion of  these  so-called  ''private"  records  imposed  upon 
the  Bureau. 

The  period  for  which  the  accounts  described  in  the  re- 
port were  examined  began  December  5,  1910,  and  ended 
December  21,  1911.  Upon  this  latter  date  the  books  of 
the  "treasurer"  were  closed  for  the  first  fiscal  year  of 
Mr.  O'Connell's  term  of  office.  The  interest  computa- 
tions cover  the  period  of  such  fiscal  year  only. 


SUMMARY  AND  CONCLUSIONS. 


INTEREST  ON  PUBLIC  FUNDS. 

Treasurer  William  L.  O'Connell  paid  over  to  the  Coun- 
ty, as  interest  earned  during  the  year  1911  on  bank  de- 
posits, $150,557.39.  The  Chicago  Bureau  of  Public  Ef- 
ficiency computes  the  interest  which  the  County  should 
have  received  from  the  funds  held  by  the  County  Treas- 
urer during  that  year  to  be  $281,526.18.  The  County  has 
received,  therefore,  $130,968.79  less  than  the  amount 
which  the  Bureau  estimates  should  have  been  received 
and  turned  over  by  the  County  Treasurer. 

The  exact  amount  of  money  actually  received  by  the 
County  Treasurer  as  interest,  or  any  equivalent  of  inter- 
est, on  public  funds  in  his  custody,  cannot  be  stated  with 
certainty.  The  reason  for  this  is  that,  according  to  the 
astonishing  statement  of  the  County  Treasurer,  he  has  no 
books  or  records  showing  where  and  when  he  made  de- 
posits of  public  funds  or  the  amount  of  the  interest  or 
other  returns  he  has  in  fact  received  for  the  use  of  these 
funds.  If  he  has  any  such  records,  he  refuses  to  disclose 
them. 

Moreover,  the  exact  amount  of  interest  which  the  funds 
handled  by  the  Treasurer  might  have  earned  at  any  given 
rate,  if  they  had  been  deposited  promptly  in  the  banks, 
cannot  be  stated  with  certainty.  The  reason  for  this  is 
the  fact,  also  astonishing,  that  the  County  Treasurer 
maintains  two  classes  of  records, — namely,  those  which 
he  calls  '^ public"  records  and  those  which  he  calls  "pri- 
vate" records.  The  "public"  records  of  the  office  do  not 
contain  entries  showing  the  amount  of  his  cash  receipts 


12  Chicago  Bureau  of  Public  Efficiency 

from  day  to  day.  The  so-called  "private"  records  do 
contain  such  entries,  but  the  Bureau  was  refused  permis- 
sion to  examine  them.  Because  of  these  conditions,  the 
Bureau  was  compelled  to  estimate  the  Treasurer's  daily 
cash  receipts  in  the  manner  set  forth  in  the  text  of  this 
report,  and  then  to  determine  the  amount  of  his  daily 
cash  balances  on  the  basis  of  such  estimated  receipts. 
Fortunately,  by  analyzing  the  records  to  which  the  Bu- 
reau did  obtain  access,  it  has  been  possible  to  make  a 
close  estimate  of  the  amounts  which  were  available  for 
deposit  and  upon  which  interest  should  have  been  earned 
and  paid  over  to  the  County. 

The  interest  figures  of  the  Bureau  are  based  upon  esti- 
mated average  daily  balances  and  a  rate  of  2^/4  per  cent. 
This  is  the  rate  paid  by  the  banks  on  funds  deposited  by 
the  City  of  Chicago.  The  Bureau  regards  this  rate  of 
2|  per  cent  as  conservative,  inasmuch  as  by  withholding 
remittances  from  the  City  and  other  taxing  bodies  the 
Treasurer  was  apparently  able  to  maintain  a  balance  of 
ten  million  dollars  or  more  continuously  for  a  period  of 
more  than  six  months. 

It  is  quite  probable,  however,  that  the  Treasurer  should 
have  received  and  turned  over  even  more  than  $281,- 
526.18  in  interest.  The  Treasurer  is  required  to  collect 
and  turn  over  to  the  County  penalties  in  the  form  of  in- 
terest at  the  rate  of  one  per  cent  a  month  on  all  de- 
linquent real  estate  taxes  collected  by  him  after  May  1. 
During  1911  he  turned  over  only  $113,663.24  as  collections 
received  from  this  source.  If  $113,663.24  is  all  lie  re- 
ceived in  fact  from  tliis  source,  then  he  must  have  col- 
lected prior  to  May  2  more  than  the  amounts  which  the 
Bureau  has  estimated  he  collected  up  to  that  date.  In 
that  event,  the  interest  which  he  should  have  received 


County  Treasurer  of  Cook  County  13 

from  Ms  general  balances  should  have  been  even  greater 
than  $281,5.26.18,  the  amount  estimated  by  the  Bureau.  If 
he  collected,  prior  to  May  2,  only  the  amounts  which, 
from  the  records  available  to  it,  the  Bureau  has  esti- 
mated he  collected  up  to  that  date,  then  he  must  have 
received  as  penalties  for  delinquency  more  than  $113,- 
663.24.  One  of  the  alternatives  is  irresistible.  The  Bu- 
reau believes  that  the  correct  conclusion  is  that  he  has 
not  accounted  by  even  more  than  $130,968  for  all  the  in- 
terest on  general  balances  which  he  did  receive,  or  could 
have  received,  and,  in  the  full  discharge  of  his  duty  to 
the  puhlic,  he  should  have  received  and  paid  over  to  the 
County. 

The  presumption  is  that  the  amount  of  money  handled 
by  the  Treasurer  during  1912  was  greater  than  that  han- 
dled by  him  in  1911  and  that,  therefore,  the  interest 
earned  during  1912  was  greater  than  that  earned  in  1911. 
Notwithstanding  this,  at  the  close  of  1912  he  tendered  to 
the  County  Board  only  $162,212.53  as  interest  on  his  de- 
posits of  that  year.  This  sum  was  tendered  condition- 
ally and  when  the  Board  declined  to  waive  any  claims 
which  the  County  might  have  on  account  of  interest  re- 
ceived by  him,  other  than  the  $162,212.53  tendered,  Treas- 
urer O'Connell  refused  to  pay  over  to  the  County  even 
that  amount  and  he  still  retains  it. 

The  Constitution  of  1870  provides  that  all  fees,  per- 
quisities  and  emoluments  of  the  office  of  County  Treas- 
urer shaU  be  paid  into  the  County  treasury.  In  a  case 
presenting  conditions  analogous  to  those  which  exist  in 
Cook  County,  the  Supreme  Court  of  the  State  has  de- 
cided that  all  interest  received  on  bank  deposits  is  a  per- 
quisite or  emolument  of  the  office,  to  be  accounted  for 
and  paid  over  to  the  County. 


14  Chicago  Burea/u,  of  Public  Efficiency 

Notwithstanding  tliis  plain  provision  of  the  Constitu- 
tion and  the  manner  in  which  the  Supreme  Court  has 
interpreted  it  with  regard  to  interest  earnings,  the  pres- 
ent County  Treasurer  of  Cook  County  denies  the  legal 
right  of  the  County  to  interest  received  on  his  bank  de- 
posits. His  predecessors  in  ofl&ce  have  taken  the  same 
position. 

It  is  only  since  1902  that  the  County  has  received  any 
interest  on  funds  deposited  by  the  County  Treasurer. 
The  treasurers  who  have  held  office  since  that  date  have 
turned  over  certain  lump  sums  each  year,  but  have  in- 
sisted that  they  did  so  in  pursuance  of  pre-election 
pledges,  not  because  of  any  legal  obligation  on  their  part 
to  make  the  payments.  There  never  has  been  any  de- 
tailed accounting  with  respect  to  such  payments.  Not 
even  the  rate  at  which  the  amount  turned  in  was  com- 
puted has  been  disclosed. 

The  Bureau  recommends  to  the  County  Board : 

1.  That  it  demand  from  Treasurer  0 'Council  a  full 
and  complete  accounting  in  the  matter  of  interest  on  bank 
deposits  and  of  all  other  fees,  perquisites,  and  emolu- 
ments of  his  office,  and 

2.  That  in  case  of  his  failure  to  make  such  an  account- 
ing, the  Board  institute  legal  proceedings,  not  only  to 
compel  him  to  render  an  account,  but  to  recover  such  in- 
terest or  other  fees,  perquisites  or  emoluments,  if  any, 
as  he  may  have  failed  to  pay  over  to  Cook  County. 


County  Treasurer  of  Cook  County  15 

HOW  THE   COUNTY  TREASURER  ADMINISTERS  AND   ACCOUNTS   FOR 

PUBLIC  MONEYS. 

In  administering  the  public  moneys  entrusted  to  his 
keeping,  Treasurer  O'Connell  maintains  two  classes  of 
records, — namely,  ''public"  records  and  so-called  "pri- 
vate" records.  Both  are  used  to  record  the  financial 
transactions  of  his  office;  both  are  kept  by  public  em- 
ployes at  public  expense.  Important  entries  relative  to 
the  receipt  of  taxes  never  appear  upon  the  "public" 
records. 

The  entry  of  the  receipt  of  millions  of  dollars  of  taxes 
and  special  assessments  collected  by  him  each  year  is 
withheld  from  his  "public"  ledgers  for  long  periods 
after  the  time  when  the  money  is  received. 

The  Bureau  estimates  that  of  $26,493,422.39  entered  of 
record  December  14, 1911,  approximately  $23,000,000  was 
actually  received  prior  to  June  1, 1911 ;  and  that  practical- 
ly all  of  $2,197,347.70  in  railroad  taxes  put  upon  the  books 
September  15  was  collected  prior  to  May  1. 

Treasurer  O'Connell  denies  the  right  of  citizens  and 
taxpayers  to  examine  the  so-called  "private"  records  of 
his  office.  He  has  even  refused  to  permit  the  County 
Board  to  examine  any  records  of  his  office  except  his 
"public"  records. 

By  concealing  his  real  transactions  with  the  banks  and 
also  the  amount  of  cash  received  by  him  daily,  the  County 
Treasurer  succeeds  in  preventing  not  only  the  tax-pay- 
ing public,  but  also  the  County  Board,  which  is  charged 
with  the  duty  of  approving  his  accounts,  from  ascertain- 
ing whether  or  not  he  has  accounted  for  all  interest 
earned  on  the  public  funds  while  they  are  in  his  posses- 
sion. 

By  withholding  from  the  "public"  records  for  long 


16  Chicago  Bureau  of  Public  E-fficiency 

periods  entries  showing  the  receipt  of  moneys  collected 
on  account  of  taxes  and  special  assessments,  the  Treas- 
urer keeps  the  City  and  other  taxing  bodies  in  ignorance 
of  the  respective  amounts  to  the  payment  of  which  they 
are  from  time  to  time  entitled.  He  thus  avoids  making 
remittances  to  them  which  they  might  otherwise  demand. 

Because  of  the  policy  of  secrecy  which  surrounds  the 
administration  of  the  Treasurer's  oflBce  and  his  refusal 
to  permit  an  examination  of  those  records  of  the  office 
which  he  calls  ''private"  records  but  which  are  kept  by 
public  employes  at  public  expense,  almost  insurmount- 
able difficulties  are  met  with  by  citizens  and  taxpayers 
seeking  information  concerning  the  financial  transactions 
of  the  office  and  the  manner  in  which  Treasurer  O'Con- 
nell  handles  public  funds. 

Notwithstanding  the  enormous  sums  of  public  money 
which  the  County  Treasurer  handles,  there  is  absolutely 
no  check  or  audit  of  his  accounts,  except  such  as  may  be 
conducted  by  himself  and  his  bondsmen. 

The  Bureau  takes  tlie  position  that  public  business — 
especially  the  public  business  of  an  official  like  the  Coun- 
ty Treasurer  who  is  entrusted  with  the  custody  of  public 
funds — should  be  carried  on  publicly.  It  is  the  duty  of 
the  County  Board  to  examine  and  to  approve  or  correct 
the  accounts  of  the  County  Treasurer.  The  conduct  of 
Treasurer  O'Connell  in  refusing  to  permit  the  County 
Board  and  citizens  and  taxpayers  to  examine  all  of  his 
books  and  records  cannot  be  too  severely  condemned. 
The  Bureau  recommends  that  the  Board  insist  upon  its 
rights  to  examine  these  accounts  and  that  it  take  steps 
immediately  to  compel  Treasurer  O'Connell  to  submit 
all  such  accounts  and  records  to  a  complete  and  disinter- 
ested audit. 


County  Treasurer  of  Cook  County  17 

REMITTANCES  TO  TAXING  BODIES. 

In  maMng  remittances  to  the  City  and  other  taxing 
bodies  on  account  of  taxes  and  special  assessments  col- 
lected for  them,  Treasurer  0  'Connell  entirely  disregards 
the  plain  provisions  of  the  statutes.  His  policy  is  to 
withhold  collections  until  the  urgent  needs  of  the  taxing 
bodies  for  money  make  it  necessary  for  him  to  pay  it 
over. 

The  present  Treasurer  has  repeatedly  complained  of 
the  responsibility  which  the  statutes  impose  upon  him 
in  making  him  liable  for  the  safe  keeping  of  funds  col- 
lected by  him  until  he  pays  them  over  to  the  taxing  bodies. 
Nevertheless,  he  has  actually  increased  the  burden  of  this 
responsibility  by  withholding  collections  after  the  time 
when  the  taxing  bodies  were  legally  entitled  to  receive 
them. 

THE  TREASURER'S  COMPENSATION. 

Under  the  Constitution  of  Illinois,  the  County  Treas- 
urer is  entitled  to  receive  as  his  only  compensation  a  sal- 
ary to  be  fixed  by  law  wbich  shall  not  be  as  much  as  the 
lawful  compensation  of  a  Circuit  Court  Judge — at  pres- 
ent $10,000  a  year.  The  Legislature  has  fixed  the  Treas- 
urer's salary  at  $4,000.  With  the  possible  exception  of 
his  bondsmen,  no  person  but  himself  knows  what  the  act- 
ual compensation  of  the  Treasurer  is.  Admittedly  it  is 
many  times  $4,000  a  year. 

As  ecc-ofjicio  ''town  collector"  of  each  of  the  seven  Chi- 
cago towns,  he  retains  $1,500  in  commissions — an  aggre- 
gate of  $10,500  a  year.  He  also  retains  two  per  cent  on 
all  inheritance  taxes  collected  by  him.  In  1911  these  com- 
missions amounted  to  $20,617.64.  During  the  year  1911, 
his  total  admitted  compensation,  therefore,  was  $35,- 
117.64. 


18  Chicago  Bureau  of  Public  Efjficiency 

Under  a  recent  act  of  the  Legislature,  the  County 
treasurers  hereafter  elected  may  claim  an  additional 
$10,500  in  ''town  collector's"  commissions.  Inheritance 
tax  fees  are  steadily  increasing,  and,  if  the  present  prac- 
tice of  retaining  them  is  continued,  the  Treasurer's  ad- 
mitted compensation  may  soon  exceed  $50,000  a  year. 

It  is  the  opinion  of  the  Bureau  that  the  salary  of  $4,000 
a  year  fixed  by  the  Legislature  is  the  maximum  compen- 
sation to  which  the  Treasurer  is  at  present  legally  en- 
titled. It  is  the  further  opinion  of  the  Bureau  that  he 
has  no  right  to  retain  either  the  "town  collector's"  com- 
missions or  the  inheritance  tax  fees  above  mentioned. 

In  view  of  the  responsibilities  with  which  the  Treas- 
urer is  charged  and  the  amount  and  nature  of  the  bonds 
which  he  is  required  to  furnish,  a  salary  of  $4,000  is  in- 
adequate, but  this  furnishes  no  excuse  for  the  retention 
of  interest  on  the  public  funds  or  of  other  fees,  per- 
quisites and  emoluments  of  his  office.  The  County  Treas- 
urer has  no  right  to  put  his  hands  in  the  till  and  take 
the  public  moneys  merely  because  the  law  does  not  give 
him  an  adequate  salary. 

NEEDED  LEGISLATIVE  CHANGES. 

To  remedy  the  conditions  at  present  surrounding  the 
administration  of  the  funds  entrusted  to  the  County 
Treasurer  in  his  several  capacities,  the  Bureau  recom- 
mends the  enactment  of  legislation  for  the  following 
purposes : 

1.  To  make  it  mandatory  upon  the  Treasurer  to 
deposit  such  funds  in  banks  to  be  designated  by  the 
County  Board;  such  deposits  to  be  made  upon  con- 
ditions similar  to  those  which  now  obtain  with  re- 
spect to  the  deposit  of  the  funds  of  the  City  of  Chi- 
cago. 


County  Treasurer  of  Cook  County  19 

2.  To  relieve  the  Treasurer  of  all  responsibility 
for  such  funds  when  he  has  deposited  the  same  in 
such  banks  and  while  in  the  custody  of  the  banks,  and 
to  permit  the  withdrawal  of  the  funds  from  the  banks 
upon  the  order  of  the  Treasurer  only  when  accom- 
panied by  a  warrant  or  order  sigLed  by  some  other 
officer  to  be  designated  for  such  purpose. 

3.  To  authorize  the  County  Board  to  contract  for 
the  payment  of  interest  on  such  bank  deposits  and 
to  prohibit  the  County  Treasurer,  or  any  other  pub- 
lic official,  from  retaining  any  of  the  interest  accru- 
ing on  such  deposits,  or  any  profit,  perquisite,  or 
emolument  on  account  thereof. 

4.  To  provide  for  the  keeping  of  proper  accounts 
in  connection  with  the  administration  of  such  funds 
and  the  interest  thereon;  for  the  examination  and 
audit  of  such  accounts  by  a  disinterested  officer  or 
agency;  and  for  an  adequate  degree  of  publicity 
concerning  the  manner  in  which  such  funds  are  han- 
dled and  all  of  the  records  and  accounts  thereof  kept. 

5.  To  make  suitable  provisions  concerning  the  na- 
ture and  amount  of  the  bonds  to  be  furnished  by  the 
Treasurer. 

6.  To  provide  definite  and  adequate  compensation 
for  the  Treasurer. 

In  order  that  legislation  of  the  nature  above  recom- 
mended may  be  enacted  so  as  to  become  effective  at  the 
time  that  the  next  County  Treasurer  takes  office,  the 
Bureau  recommends  to  His  Excellency,  Governor  Edward 
F.  Dunne,  that  in  case  he  shall  convene  the  Legislature 
in  special  session  he  include  the  subject  of  such  legisla- 
tion among  the  matters  to  be  considered  at  such  special 
session. 


20  Chicago  Bureau  of  Public  Efficiency 

SOME  PERTINENT  QUESTIONS. 

In  view  of  Treasurer  O'Gonnell's  often  repeated  state- 
ment that  he  has  turned  over  or  tendered  to  the  County 
all  of  the  interest  which  has  accrued  on  the  public  funds 
held  by  him,  the  Bureau  suggests  the  following  pertinent 
questions : 

1.  Why  did  Treasurer  O'Connell  refuse  to  pay 
over  to  the  County  the  $162,212.53,  tendered  as  in- 
terest earned  in  1912,  unless  the  County  would  waive 
its  claim  to  any  additional  interest  received  by  him? 
(See  pages  57-59.) 

2.  Wliy  does  he  keep  no  books  or  records  shomng 
his  interest  or  deposit  accounts  with  the  banks? 
(See  pages  33,  59.) 

3.  Why  does  he  maintain  both  "public"  and  "pri- 
vate" records?    (See  pages  31-32,  38-41.) 

4.  Why  does  he  fail  to  show  upon  the  "public" 
records  the  receipt  of  millions  of  dollars  in  tax  col- 
lections until  months  after  the  money  is  actually  re- 
ceived?   (See  pages  42-46.) 

5.  Why  does  he  cling  tenaciously  to  tax  collec- 
tions after  the  time  when  the  City  and  other  taxing 
bodies  are  entitled  to  them?    (See  pages  49-50.) 

6.  Why  does  ho  refuse  to  pennit  the  County 
Board  to  examine  and  audit  his  accounts?  (See 
page  51.) 

7.  Why  does  he  refuse  to  permit  citizens  and  tax- 
payers to  examine  the  so-callod  "private"  records 
of  his  office?    (See  pages  32,  61.) 

8.  Does  he  fear  that  an  examination  of  his  books 
will  disclose  that  ho  has  not  tnriiod  over  all  of  the 
interest  which  has  accniod,  or  that  such  an  examina- 
tion will  show  that  he  is  not  competent  to  handle 
the  funds  entrusted  to  him  to  the  advantage  of  the 
tax-paying  public? 


THE  OFFICE  OF 

County  Treasurer 

OF 
COOK  COUNTY. 


AN    INQUIRY   INTO  THE  ADMINISTRATION  OF  ITS  FINANCES   WITH 

SPECIAL  REFERENCE  TO  THE  QUESTION  OF 

INTEREST  ON  PUBLIC  FUNDS. 


THE  POWERS,  DUTIES.  AND  COMPENSATION  OF  THE 
COUNTY  TREASURER.    NEEDED  LEG- 
ISLATIVE CHANGES. 

The  County  Treasurer  of  Cook  County  is  ex-oficio 
county  collector.  He  is  also  ex-officio  town  collector  and 
town  supervisor  of  each  of  the  seven  townships  (South 
Chicago,  Hyde  Park,  Lake,  West  Chicago,  North  Chicago, 
Lake  View,  and  Jefferson)  which  lie  wholly  within  the 
territorial  limits  of  the  City  of  Chicago. 

It  should  not  be  inferred  from  the  foregoing  statement, 
however,  that  the  County  Treasurer  holds  16  separate 
and  distinct  offices.  There  is,  in  fact,  but  one  office — 
that  of  County  Treasurer.  The  duties  which  he  performs 
under  the  titles  of  ''county  collector,"  "town  collector," 
and  ''town  supervisor,"  respectively,  are  additional  du- 
ties which  the  Legislature,  without  creating  any  addi- 
tional offices,  has  imposed  upon  the  Treasurer.  These 
additional  duties  are  distinct,  nevertheless,  from  the  du- 
ties which  he  performs  as  "treasurer." 


22  Chicago  Bureau  of  Public  Efficiency 

DUTIES  OF  TREASURER. 

As  ''treasurer,"  his  duties  involve  primarily  the  cus- 
tody and  disbursement  of  the  revenues  and  funds  of 
Cook  County.  The  Legislature  has  also  required  the 
''treasurer"  to  act  as  inheritance  tax  collector  for  the 
State  and  has  designated  him  as  the  depositary  and  cus- 
todian of  certain  other  funds  which  do  not  belong  to  the 

County. 

DUTIES  OF  COUNTY  COLLECTOR. 

As  ' '  county  collector, ' '  his  duties  are  chiefly  those  of  a 
collector  of  delinquent  taxes  and  special  assessments 
which  he  subsequently  turns  over  to  the  proper  author- 
ities of  the  State,  County,  City,  Sanitary  District,  Park 
Boards,  and  other  taxing  bodies.  With  the  exception  of 
taxes  levied  on  railroad  property  and  on  the  capital  stock 
of  telegraph  companies,  the  warrants  for  the  collection 
of  which  are  delivered  to  the  "county  collector"  in  the 
first  instance  by  the  County  Clerk,  all  of  the  moneys 
which  are  received  by  the  "county  collector"  are  received 
on  account  of  delinquent  taxes  and  delinquent  special  as- 
sessments. 

On  March  10,  of  each  year,  all  unpaid  general  taxes 
levied  on  both  personal  property  and  real  estate  become 
delinquent.  On  or  about  tliat  date,  the  collector's  war- 
rants in  the  hands  of  the  several  township  collectors  are 
turned  over  to  the  "county  collector."  Delinquent  spe- 
cial assessment  lists  are  also  turned  over  to  him  for  col- 
lection by  the  city,  village  and  other  local  collectors. 
These  latter  lists  are  usually  received  by  the  "county 
collector"  about  April  1.  Immediately  upon  the  receipt 
of  the  delinquent  general  tax  and  special  assessment 
books,  the  "county  collector"  begins  his  collections  of 


County  Treasurer  of  Cook  County  23 

the  items  which  appear  thereon  and  continues  to  make 
such  collections  until  the  books  are  closed  with  the  return 
by  him  to  the  County  Clerk  of  what  is  commonly  called 
''the  error  and  abatement  list" — a  list  of  those  items 
which  for  various  reasons  he  has  been  unable  to  collect. 
The  funds  handled  by  the  ''county  collector"  consist 
largely  of  voluntary  payments  made  to  him  on  account  of 
current  taxes  and  special  assessments,  and  the  proceeds 
of  the  sale  of  real  estate  sold  by  him  for  the  purpose  of 
enforcing  the  payment  of  general  taxes  and  special  as- 
sessments levied  against  such  real  estate.  Kelatively 
small  amounts  come  into  his  hands  through  the  voluntary 
payment  or  enforced  collection  of  personal  property  taxes 
levied  prior  to  the  tax  which  is  currently  in  collection, 
and  also  through  the  redemption  of  real  estate  from  for- 
feitures on  account  of  both  delinquent  general  taxes  and 
special  assessments. 

DUTIES  OF  TOWNJCOLLECTOR. 

As  "town  collector,"  the  Treasurer's  duties  are  sim- 
ply those  of  a  collector  of  current  general  taxes  levied 
on  both  real  and  personal  property.  As  ' '  town  collector ' ' 
he  begins  to  receive  such  taxes  as  soon  as  the  collector's 
warrants  are  turned  over  to  him  by  the  County  Clerk — 
usually  early  in  January — and  continues  his  collections 
until  March  10,  when  as  "county  collector"  he  goes 
through  the  formality  of  settling  his  accounts  with  him- 
self as  "town  collector"  and  as  "town  collector"  turns 
over  the  books  to  himself  as  "county  collector."  The 
taxes  which  he  collects  as  "town  collector"  he  subse- 
quently turns  over  to  the  State,  County,  City,  Sanitary 
District,  Park  Boards,  and  other  taxing  bodies. 


24  Chicago  Bureau  of  Public  Efficiency 

DUTIES  OF  TOWN  SUPERVISOR. 

As  ''town  supervisor,"  the  Treasurer  is  custodian  of 
certain  moneys  raised  by  the  towns  of  Lake  View  and 
North  Chicago  for  the  acquisition  and  maintenance  of  the 
small  parks  under  the  jurisdiction  of  the  Lincoln  Park 
Board.  These  are  the  only  duties  which  he  performs  as 
"town  supervisor"  which  are  at  all  pertinent  to  the 
subject  matter  of  this  report 

THE  TREASURER'S  CONTROL  OF  PUBLIC  FUNDS. 

The  County  Treasurer  is  charged  by  law  with  the  duty 
of  receiving  and  disbursing  public  moneys  in  accordance 
with  the  provisions  of  the  statutes.  There  are  no  laws, 
however,  governing  the  disposition  of  the  funds  while 
they  are  in  his  custody.  He  may  lock  them  up  in  his 
own  vaults  or  in  other  depositories,  or  he  may  deposit 
them  in  the  banks  at  interest,  or  not,  at  his  option.  His 
power  of  control  over  the  funds,  during  the  period  that 
they  are  in  his  custody,  is  absolute.  On  the  other  hand, 
his  liability  to  keep  them  safely  and  to  disburse  them 
properly  is  also  absolute.  The  Legislature  has  never 
made  any  provision  by  which,  pending  the  final  disburse- 
ment of  the  funds,  he  can  relieve  himself  of  any  part  of 
this  responsibility. 

The  situation  above  described  contrasts  sharply  with 
the  conditions  under  which  the  City  Treasurer  of  Chicago 
administers  the  funds  entrusted  to  him.  The  City  Coun- 
cil is  authorized  to  designate  the  banks  in  which  City 
funds  shall  be  deposited  and  to  contract  for  the  payment 
of  interest  on  the  deposits.  The  banks  designated  by  the 
Council  are  required  to  furnish  bonds  to  the  City,  and 
when  the  City  Treasurer  has  deposited  City  funds  in  any 


County  Treasurer  of  Cook  County  25 

such  bank  he  is  thereby  discharged  from  all  responsibility 
for  the  moneys  thus  deposited.  After  City  funds  have 
been  once  deposited,  they  can  be  withdrawn  on  the  treas- 
urer's check  only  when  accompanied  by  the  city  comp- 
troller's warrant  for  the  amount.  Neither  the  City  Treas- 
urer nor  any  other  city  officer  is  permitted  to  retain  any 
of  the  interest  accruing  on  bank  deposits. 

The  provisions  made  by  the  Legislature  for  the  cus- 
tody of  City  funds  not  only  relieve  the  City  Treasurer  of 
the  very  heavy  responsibility  imposed  upon  the  County 
Treasurer,  but  they  insure  publicity  with  respect  to  the 
manner  in  which  the  funds  are  handled  and  proper  ac- 
counting for  the  interest  earned  thereon.  Similar  legis- 
lation should  be  enacted  with  respect  to  the  administra- 
tion of  funds  entrusted  to  the  County  Treasurer. 

THE  BONDS  REQUIRED  OF  THE  COUNTY  TREASURER. 

During  the  fiscal  year  1911,  the  County  Treasurer  han- 
dled a  total  of  approximately  $55,000,000;  the  largest 
amount  of  money  subject  to  his  control  at  any  one  time 
probably  did  not  exceed  $25,000,000.  As  security  for 
these  funds  he  was  required  to  furnish  two  bonds  aggre- 
gating in  amount  $11,000,000,  with  personal  sureties  in 
each  case.  Treasurer  0  'Council  has  stated  that,  in  order 
to  obtain  these  personal  bondsmen,  he  was  obliged  to  in- 
demnify them  against  loss  by  giving  a  surety  company 
bond  for  $750,000,  the  premium  upon  which  he  was  re- 
quired to  pay  out  of  his  personal  funds. 

The  City  Treasurer  of  Chicago  handles  about  $70,- 
000,000  annually.  The  average  daily  balance  of  City 
funds  on  deposit  is  estimated  at  approximately  $17,000,- 
000.    Since  1907,  and  until  within  the  past  few  months,  a 


26  Chicago  Bureau  of  Public  E-fficiency 

bond  of  only  $2,000,000  has  been  required  of  the  City 
Treasurer.  This  bond  has  been  furnished  by  a  surety 
company  and  the  City  has  paid  the  premium.  The  rela- 
tively small  amount  of  this  bond  has  been  due  to  the  fact 
that  the  City  Treasurer  has  been  required  to  deposit  City 
funds  in  the  banks  designated  by  the  City  Council,  and 
when  he  has  done  so  his  responsibility  for  the  money  has 
ended.  There  has  been  no  occasion,  therefore,  for  re- 
quiring a  bond  of  the  size  furnished  by  the  County  Treas- 
urer. Such  additional  security  as  the  safety  of  the  funds 
required  has  been  furnished  by  the  banks  holding  them. 
So  far  as  the  general  corporate  fund  is  concerned,  the 
situation  just  described  still  obtains.  Within  the  last 
few  months,  however,  the  City  Treasurer  has  given  an 
additional  bond  for  $3,000,000  with  personal  sureties. 
The  reason  assigned  for  the  giving  of  this  additional 
bond  is  that  the  Legislature  has  made  no  provision  for 
depositing  school  funds  in  the  banks.  The  school  funds, 
therefore,  are  deposited  by  the  City  Treasurer  on  his 
own  responsibility,  which  continues  to  exist  until  he  dis- 
burses them  or  turns  them  over  to  his  successor. 

Manifestly,  the  policy  adopted  by  the  City  with  respect 
to  the  responsibility  with  which  the  City  Treasurer  shall 
be  charged  and  the  amount  of  bond  to  be  required  of  him 
is  superior  in  every  way  to  that  pursued  in  the  case  of 
the  County  Treasurer  with  respect  to  the  same  matters. 

THE  TREASURER'S  COMPENSATION. 

The  Constitution  of  1870  provides  that  the  County 
Treasurer  of  Cook  County  shall  receive,  as  his  only  com- 
pensation for  his  services,  a  salary  to  be  fixed  by  law, 
which  shall  not  be  as  much  as  the  lawful  compensation 


County  Treasurer  of  Cook  Co^mty  27 

of  a  Judge  of  the  Circuit  Court.  The  salary  of  a  Circuit 
Court  Judge  is  now  $10,000.  The  Constitution  provides 
further  that  all  fees,  perquisites,  and  emoluments,  above 
the  amount  of  said  salary,  shall  be  paid  into  the  County 
treasury. 

In  pursuance  of  this  provision  of  the  Constitution,  the 
Legislature  has  fixed  the  Treasurer's  salary  at  $4,000  a 
year,  but  no  person  other  than  the  Treasurer  himself, 
with  the  possible  exception  of  his  bondsmen,  knows  how 
much  the  total  compensation  of  the  office  actually  amounts 
to.  Admittedly,  it  is  many  times  $4,000  a  year.  As 
''town  collector"  of  each  of  the  seven  Chicago  townships, 
he  retains  $1,500  in  commissions — an  aggregate  of  $10,- 
500  a  year.  He  also  retains  two  per  cent  on  all  inher- 
itance taxes  collected  by  him.  In  1911,  these  commis- 
sions amounted  to  $20,617.64,  so  that  during  that  year 
his  total  admitted  compensation  was  $35,117.64.  Under 
a  recent  act  of  the  Legislature,  County  Treasurers 
hereafter  elected  may  claim  an  additional  $10,500  in 
"town  collector's"  commissions.  Inheritance  tax  fees 
are  steadily  increasing  and  if  the  present  practice  of  re- 
taining them  is  continued,  the  Treasurer's  admitted  com- 
pensation may  soon  exceed  $50,000  a  year. 

The  Supreme  Court  of  this  State  has  decided  that  the 
Legislature,  in  making  the  Treasurer  ex-officio  "county 
collector,"  did  not  create  another  office,  but  simply  im- 
posed additional  duties  upon  the  Treasurer;  therefore, 
the  commissions  provided  by  law  for  the  "county  col- 
lector" are  fees  of  the  Treasurer's  office  which,  under 
the  constitutional  provision  referred  to,  he  is  prohibited 
from  retaining  for  his  own  use.  The  courts  have  not 
passed  on  this  question  with  respect  to  the  "town  col- 


28  Chicago  Bureau  of  Public  Efficiency 

lector's"  commissions,  but  the  foregoing  principles  and 
reasoning  seem  applicable  to  them  and  seem  to  bar  the 
legal  right  of  the  Treasurer  to  retain  any  part  of  the 
$10,500  ''town  collector's"  commissions  now  retained  by 
him. 

The  inheritance  tax  act  authorizes  the  Treasurer  ''to 
retain  two  per  cent  on  all  taxes  paid  and  accounted  for 
by  him  under  this  act,  in  full  for  his  services  *  *  * 
in  addition  to  his  salary  or  fees  now  allowed  by  law." 
Clearly,  the  commission  thus  provided  for  is  not  a  "sal- 
ary," which  the  Constitution  requires  shall  be  fixed  by 
law  as  the  only  compensation  to  which  the  Treasurer 
shall  be  entitled.  Moreover,  if  in  ejffect  this  section  of 
the  inheritance  tax  act  authorizes  the  Treasurer  to  retain 
compensation  in  excess  of  the  maximum  allowed  by  the 
Constitution,  the  section  would  seem  to  be  plainly  uncon- 
stitutional. A  more  reasonable  interpretation  of  the  sec- 
tion is  to  regard  the  commissions  authorized  as  fees  of 
the  Treasurer's  office  to  be  turned  into  the  County  treas- 
ury. Such  a  construction  has  been  adopted  by  the  Su- 
preme Court  in  an  analogous  case  concerning  fees  author- 
ized for  the  State  Treasurer. 

That  the  County  Treasurer  personally  is  not  entitled 
to  such  commissions  seems  scarcely  open  to  controversy. 

It  is  the  opinion  of  the  Bureau  that  the  salary  of  $4,000 
a  year  fixed  by  the  Legislature  is  the  maximum  compen- 
sation to  which  the  Treasurer  is  at  present  legally  en- 
titled. In  view  of  the  responsibilities  with  which  he  is 
charged  and  the  amount  and  nature  of  the  bonds  he  is 
required  to  furnish,  such  a  salary  is  inadequate.  It 
should  be  raised  to  the  maximum  which  may  be  allowed 
by  the  Constitution  of  the  State. 


County  Treasurer  of  Cook  County  29 

NEEDED  LEGISLATIVE  CHANGES. 

To  remedy  the  conditions  at  present  surrounding  the 
administration  of  the  funds  entrusted  to  the  County 
Treasurer  in  his  several  capacities,  the  Bureau  recom- 
mends the  enactment  of  legislation  for  the  following  pur- 
poses : 

1.  To  make  it  mandatory  upon  the  Treasurer  to 
deposit  such  funds  in  banks  to  be  designated  by  the 
County  Board ;  such  deposits  to  be  made  upon  condi- 
tions similar  to  those  which  now  obtain  with  respect 
to  the  deposit  of  the  funds  of  the  City  of  Chicago. 

2.  To  reheve  the  Treasurer  of  all  responsibility 
for  such  funds  when  he  has  deposited  the  same  in 
such  banks  and  while  in  the  custody  of  the  banks, 
and  to  permit  the  withdrawal  of  the  funds  from  the 
banks  upon  the  order  of  the  Treasurer  only  when 
accompanied  by  a  warrant  or  order  signed  by  some 
other  officer  to  be  designated  for  such  purpose. 

3.  To  authorize  the  County  Board  to  contract  for 
the  payment  of  interest  on  such  bank  deposits  and  to 
prohibit  the  County  Treasurer,  or  any  other  public 
official,  from  retaining  any  of  the  interest  accruing 
on  such  deposits,  or  any  profit,  perquisite  or  emol- 
ument on  account  thereof. 

4.  To  provide  for  the  keeping  of  proper  accounts 
in  connection  with  the  administration  of  such  funds 
and  the  interest  thereon;  for  the  examination  and 
audit  of  such  accounts  by  a  disinterested  officer  or 
agency ;  and  for  an  adequate  degree  of  publicity  con- 
cerning the  manner  in  which  such  funds  are  handled 
and  all  of  the  records  and  accounts  thereof  kept. 

5.  To  make  suitable  provisions  concerning  the 
nature  and  amount  of  the  bonds  to  be  furnished  by 
the  Treasurer. 

6.  To  provide  definite  and  adequate  compensation 
for  the  Treasurer. 


30  Chicago  Bureau  of  Public  Efficiency 

In  order  that  legislation  of  the  nature  above  recom- 
mended may  be  enacted  so  as  to  become  effective  at  the 
time  that  the  next  County  Treasurer  takes  office,  the  Bu- 
reau recommends  to  His  Excellency,  Governor  Edward 
F.  Dunne,  that  in  case  he  shall  convene  the  Legislature 
in  special  session  he  include  the  subject  of  such  legisla- 
tion among  the  matters  to  be  considered  at  such  special 
session. 


THE  MANNER  IN  WHICH  THE  FUNDS  ARE  HANDLED  AND 
THE  ACCOUNTS  THEREOF  KEPT  AND  AUDITED. 


In  November,  1911,  the  Bureau  decided  to  undertake 
an  investigation  of  the  Treasurer's  records  and  accounts 
for  the  purpose  of  ascertaining,  if  possible,  how  the  pub- 
lic funds  in  that  office  were  being  handled  and  whether  or 
not  the  interest  thereon  was  being  accounted  for.  The 
decision  to  make  such  an  investigation  was  prompted  in 
part  by  the  fact  that  on  several  occasions  previous  to  that 
time  Treasurer  O'Connell  had  denied  the  right  of  tax- 
payers and  citizens  to  inspect  the  books  and  records  of 
his  office,  and  had  stated  to  officials  of  the  Bureau  that  he 
would  not  permit  an  examination  of  his  books  of  accounts 
especially  his  ledger  accounts,  because  such  an  examina- 
tion might  disclose  information  which  he  did  not  wish  to 
become  public. 

PERMISSION  TO  INSPECT  BOOKS  DEMANDED  BY  BUREAU  TRUSTEES. 

The  Trustees  of  the  Bureau  took  the  position  that  pub- 
lic business — especially  the  public  business  of  an  official 
like  the  County  Treasurer,  who  is  entrusted  with  the  col- 
lection and  custody  of  public  funds — should  be  carried 
on  publicly.  They  were  of  the  opinion,  moreover,  that 
the  Treasurer  was  legally  obliged  to  open  his  books  and 
records  to  the  inspection  of  citizens  and  taxpayers  under 
reasonable  conditions.  Acting  on  this  latter  assumption, 
four  of  the  Trustees  of  the  Bureau — Julius  Rosenwald, 
Onward  Bates,  Charles  R.  Crane,  and  Henry  B.  Favill — 


32  Chicago  Bureau  of  Public  Efficiency 

went  in  person  to  the  office  of  the  Treasurer,  and,  as  citi- 
zens and  taxpayers,  made  a  formal  demand  upon  Mr. 
O'Connell  for  permission  to  examine  his  books.  When 
this  demand  was  made,  Mr.  O'Connell  receded  from  his' 
former  position  to  the  extent  of  saying  that  the  ** public" 
records  of  the  office  might  be  inspected. 

INSPECTION  OF  THE  "PUBLIC"  RECORDS  PERMITTED-WHAT  THEY 

DISCLOSED. 

In  complying  with  the  demand  of  the  Trustees  of  the 
Bureau,  Mr.  O'Connell  turned  over  to  its  accountants  two 
separate  sets  of  books.  One  purported  to  contain  his  ac- 
counts as  ''treasurer";  the  other,  his  accounts  as  both 
''county  collector"  and  "town  collector."  Each  con- 
sisted of  a  general  ledger  with  its  accompanying  cash 
book  and  journal. 

The  most  superficial  inspection  of  the  *' public"  records 
at  once  disclosed  that  the  office  must  keep  other  rec- 
ords, particularly  in  connection  with  the  "collector's" 
accounts.  To  illustrate :  The  books  showed  that  millions 
of  dollars  in  tax  collections  had  been  paid  over  to  the 
several  taxing  bodies  of  the  county  before  any  entries 
appeared  on  these  "public"  records  to  indicate  that  the 
collections  had  been  made. 

Ultimately,  the  Bureau  accountants  discovered  certain 
supplemental  records  and  became  acquainted  with  the  na- 
ture of  their  contents.  The  accountants  were  refused 
access  to  these  other  records,  however,  so  far  as  being 
permitted  to  draw  off  detailed  data  therefrom  was  con- 
cerned, on  the  ground  that  the  supplemental  records  were 
not  "public"  records. 


County  Treasurer  of  Cook  County  33 

The  ''public"  records  in  question  contained  no  entries 
showing  the  Treasurer's  accounts  with  the  banks,  and  the 
only  entry  relative  to  interest  on  bank  deposits,  whicli 
appeared  anywhere  in  the  books,  was  an  item  of  $145,- 
157.39  on  December  21,  1911.  This  amount  represented 
the  $150,557.39  reported  to  the  County  Board,  less  $5,400 
arbitrarily  deducted  for  ''attorneys'  fees."  Moreover, 
Mr.  O'Connell  informed  the  officials  of  the  Bureau  that 
neither  in  his  office  nor  elsewhere  did  he  keep  any  books 
or  records  showing  either  his  interest  or  deposit  accounts 
with  the  banks.    This  statement  is  incredible. 


THE  "TREASURER'S"  RECORDS  AND  ACCOUNTS. 

In  the  "treasurer's"  general  ledger  are  carried  all  ac- 
counts of  Cook  County  funds,  the  accounts  of  State  in- 
heritance tax  collections,  and  the  accounts  of  deposits 
made  in  connection  with  condemnation  proceedings.  Sev- 
eral other  minor  accounts,  representing  funds  of  which 
the  County  Treasurer  is  the  custodian,  are  also  carried 
in  this  ledger.  In  addition,  this  ledger  contains  ac- 
counts of  the  Treasurer,  acting  as  "ex-officio  supervisor" 
of  the  towns  of  North  Chicago  and  Lake  View,  which 
show  a  part  of  his  transactions  in  connection  with  the 
small  park  bond  and  maintenance  funds  of  those  towns. 

During  the  period  covered  by  this  report  (December  5, 
1910,  to  December  21,  1911,)  the  total  receipts  of  the 
County  Treasurer  in  his  several  capacities  were  $55,- 
198,887.77;  the  disbursements  were  $51,457,566.99.  These 
amounts  included  (a)  the  balance  on  hand  December  5, 
1910,  and  (b)  transfers  between  funds.  Of  these  amounts, 


34  Chicago  Bureau  of  Public  Efficiency 

$13,575,162.75  and  $11,454,622.14,  respectively,  were  cov- 
ered by  entries  in  the  ''treasurer's"  ledger.  The  follow- 
ing table  shows  in  summarized  form  on  what  accounts  the 
latter  amounts  were  received  and  disbursed. 


County  Treasurer  of  Cook  County 


35 


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36  Chicago  Bureau  of  Public  Efficiency 

The  $8,623,727.73  shown  in  the  preceding  table  as  re- 
ceipts credited  to  the  Cook  County  General  Fund  was 
made  up  of  the  following  items : 

*Town  Collectors'  Commissions $  178,554.85 

**Tax  Collections 3,738,662.19 

** County  Collector's  Commissions 409,622.14 

**Penalties  on  Delinquent  Taxes 113,663.24 

**Surplus  Costs  Collected  on  Account 

of  Tax  Sales 10,762.41 

fTax  Loans  2,895,000.00 

}Fee  Office  Collections 1,066,938.86 

Interest  on  Bank  Deposits 145,157.39 

Miscellaneous  Receipts 2,238.88 

Transferred  from  New  Hospital  and 

Infirmary  Fund 63,127.77 

Total $8,623,727.73 


*i 


^Deducted  from  tax  collections  made  for  taxing  bod- 
iesin  seven  city  towns  by  ''town  collector."  (Includes 
$10,489.94  salary  retained  by  Treasurer  as  eoi^-officio 
''town  collector.") 

**The  amounts  included  in  these  items  appear  as 
lump  sums  received  from  time  to  time  by  the  Treasurer, 
in  his  capacity  as  such,  from  himself  acting  as  "county 
collector." 

fBorrowed  from  banks. 

I  Paid  over  to  Treasurer  by  county  fee  officers. 

The  receipt  and  disbursement  of  Cook  County  funds, 
State  inheritance  tax  collections  and  condemnation  de- 
posits include  the  most  important  transactions  of  the 
"treasurer's"  office. 

Cook  County  funds  come  to  his  hands  chiefly  in  the 
form  of  lump  sums,  being  (a)  transfers  from  himself  as 
"collector,"  (b)  remittances  by  the  several  county  fee 
officers,  (c)  loans  from  the  banks  in  anticipation  of  fu- 


County  Treasurer  of  Cook  County  37 

ture  tax  collections,  and  (d)  proceeds  from  bond  sales. 
The  nature  of  the  transactions  involved  in  the  receipt  of 
these  County  funds  is  such  that  no  extended  considera- 
tion of  them  is  called  for  in  this  connection.  The  ques- 
tion of  the  manner  in  which  the  ''collector's"  funds  are 
handled  and  accounted  for  prior  to  their  transfer  to  the 
"treasurer's"  records  will  be  discussed  in  connection 
with  the  "collector's"  accounts.  The  fee  office  receipts 
are  audited  in  detail  by  the  Comptroller  on  whose  war- 
rant they  are  paid  to  the  Treasurer.  So  far  as  the 
Bureau  accountants  were  able  to  ascertain,  disbursements 
of  County  funds  (except  in  the  case  of  "town  collect- 
ors' "  commissions  and  salary  and  the  attorneys'  fees  de- 
ducted from  the  item  of  interest  on  bank  deposits)  were 
made  on  warrants  drawn  by  the  Comptroller  after  ap- 
proval by  the  County  Board.  The  accounts  relating  to 
Cook  County  funds  were  checked  with  the  Comptroller's 
records  and  were  found  to  agree  therewith. 

Inheritance  taxes  collected  from  the  estates  of  de- 
ceased persons  are  accounted  for  directly  to  the  State 
officials. 

Condemnation  deposits,  as  the  item  indicates,  grow  out 
of  proceedings  for  the  condemnation  of  real  estate  for 
public  or  quasi-public  use  and  the  money  deposited  is 
ultimately  paid  over,  in  accordance  with  the  judgment  of 
the  court,  to  the  persons  whose  property  is  taken  through 
the  proceedings. 

Small  park  bond  and  maintenance  funds,  which  the 
Treasurer  handles  as  ex-officio  "town  supervisor"  of 
North  Chicago  and  Lake  View,  are  derived  from  the  sale 
of  bonds  and  from  tax  collections.  They  are  disbursed 
under  the  direction  of  the  Lincoln  Park  Board. 

Entries  in  the  "treasurer's"  ledger  are  posted  from  a 


38  Chicago  Biireau  of  Public  Efficiency 

cash  book  and  journal.  The  accountants  of  the  Bureau 
were  refused  any  information  as  to  the  form  or  nature 
of  the  data  furnished  the  bookeepers  operating  the  cash 
book  and  journal,  but  apparently  these  books  are  books 
of  original  entry.  The  entries  therein  which  were  exam- 
ined would  indicate  that  they  had  been  made  currently 
from  day  to  day  in  the  ordinary  course  of  business. 

A  complete  audit  of  the  ''treasurer's"  accounts  would 
involve  an  examination  of  the  data  supporting  the  en- 
tries in  the  cash  book  and  journal.  It  is  the  opinion  of 
the  Bureau  that  such  data  should  be  open  to  public  in- 
spection under  reasonable  restrictions.  So  far  as  the 
books  themselves  are  concerned,  however,  there  was  noth- 
ing on  their  face  to  indicate  any  irregularity  in  their 
keeping,  but,  since  the  Bureau  was  denied  access  to  the 
data  supporting  the  entries,  it  is  not  in  a  position  to  state 
whether  or  not  they  are  susceptible  of  complete  audit. 

THE  "COLLECTOR'S"  RECORDS  AND  ACCOUNTS. 

So  far  as  the  accountants  of  the  Bureau  have  been 
able  to  ascertain,  the  financial  records  of  the  Treasurer 
kept  in  his  capacity  of  (a)  ''county  collector"  and  (b) 
"town  collector"  of  the  seven  Chicago  towns  consist  of: 

1.  The  "collector's"  general  tax  warrants.  These 
are  books  prepared  by  the  County  Clerk.  They  show 
not  only  the  aggregate  amoimt  of  tax  levied  against  each 
person  or  piece  of  real  estate  but  also  the  distributive 
share  to  which  each  taxing  body  interested  therein  is 
entitled.  The  books  are  numbered  consecutively  from 
one  upward.  Some  time  after  each  collection  has  been 
made,  the  name  of  the  party  paying  the  item  and  the 
amount  and  date  of  payment  are  entered  in  a  column 
provided  for  that  purpose. 


County  Treasurer  of  Cook  County  39 

2.  The  delinquent  special  assessment  lists  returned 
to  the  ''county  collector"  by  the  local  collectors  of  the 
several  municipal  corporations  throughout  the  county. 
The  lists  returned  by  each  local  collector  show  the  num- 
bers of  the  warrants  for  collection  issued  to  him;  also 
the  amount  of  each  assessment  or  installment  thereof  to 
be  collected  by  the  ''county  collector,"  and  the  interest 
accrued  thereon  to  April  1.  A  column  is  provided  on 
each  list  in  which  the  name  of  the  party  paying  each 
item  and  the  amount  and  date  of  payment  are  entered 
by  the  "county  collector"  after  he  has  received  the 
amount  returned  for  collection. 

The  *' Collector's"  So-Called  "Private"  Records. 

3.  The  tellers'  daily  cash  collection  sheets.  When 
collections  are  made  on  account  of  either  general  taxes 
or  delinquent  special  assessments,  the  amounts  received 
are  immediately  distributed  on  one  of  these  sheets  by 
the  receiving  teller's  assistant  in  accordance  with  the  fol- 
lowing classification: 

A.  General  tax. 

(1)  Tax;  (2)  Interest;  (3)  Costs. 

B.  City  special  assessments. 

(1)  Assessment;  (2)  Interest;  (3)  Costs. 

C.  Country  special  assessments. 

(1)  Assessment;  (2)  Interest;  (3)  Costs. 

D.  Boulevard  and  park  special  assessments. 
(1)  Assessment;  (2)  Interest;  (3)  Costs. 

The  amounts  entered  on  these  sheets  are  totaled,  and, 
at  the  close  of  each  day's  business  the  tellers'  cash  is 
balanced  against  the  totals  shown  on  the  sheets. 

4.  A  FILE  OF  duplicate  BILLS.  All  general  tax  and  spe- 
cial assessment  bills  are  made  in  duplicate.     As  each 


40  Chicago  Bureau  of  Public  Efficiency 

general  tax  bill  is  made,  the  number  of  the  warrant  book 
is  placed  thereon.  Special  assessment  bills  bear  the  num- 
ber of  the  warrant  issued  to  the  local  collector.  When 
collections  are  made,  the  duplicate  bills  are  retained  by 
the  receiving  tellers  who  send  them  to  the  auditing  di- 
vision. There  they  are  sorted  in  accordance  with  the 
warrant  numbers  appearing  on  them,  and  the  total 
amount  collected  each  day  on  account  of  each  warrant 
is  ascertained  by  footing  the  items  on  all  of  the  dupli- 
cate bills  bearing  the  same  date  and  warrant  nimaber. 

5.  The  auditor's  ledgees.  The  accounts  in  these  ledg- 
ers are  designated  by  numbers  which  correspond  to  the 
numbers  of  the  general  tax  and  special  assessment  war- 
rants certified  to  the  ''collector"  for  collection.  Each 
ledger  account  shows  the  total  amount  of  tax  or  assess- 
ment certified  for  collection  in  the  warrant  bearing  the 
corresponding  number,  and  each  day,  as  collections  are 
made,  the  total  amount  collected  on  account  of  any  war- 
rant is  posted  to  the  ledger  account  designated  by  the 
number  of  that  particular  warrant. 

The  ''Collector's"  ''Public"  Records.* 

6.  The  general  ledger,  cash  book  and  journal.  The 
books  which  the  "collector"  terms  his  "public"  records 
and  which  the  accountants  of  the  Bureau  were  permitted 
to  examine  consist  of  a  general  ledger  with  its  accom- 

*The  general  tax  warrants  and  delinquent  special  assessment  lists 
described  on  pages  38-39,  consisting  each  year  of  about  500  large  books,  are 
public  records.  When  entries  therein  have  been  completed,  these  books 
show  separately  the  amount  of  each  item  collected  Because  of  the  form 
in  which  they  are  required  to  be  kept,  however,  they  are  of  no  practical 
use  to  any  one  desiring  to  determine  at  any  time  either  the  status  of  the 
"collector's"  cash  account  or  the  status  of  his  accounts  with  the  different 
taxing  bodies;  nor  are  they  of  any  practical  use  to  any  one  wishing  to  deter- 
mine the  amount  of  money  received  on"any  given  day,  or  during  any  given 
period.  Therefore,  in  the  discussion  which  follows  relative  to  the  "col- 
lector's" "public"  records  and  accoimts,' these  warrant^books  have  not 
been  taken  into  consideration. 


County  Treasurer  of  Cook  County  41 

panying  cash  book  and  journal.  In  these  books  are  rec- 
orded the  ultimate  facts  relative  to  the  transactions  of 
the  "collector"  with  each  of  the  taxing  bodies  within 
the  county.  In  the  case  of  the  seven  Chicago  towns 
where  the  Treasurer  acts  as  both  "county  collector" 
and  "town  collector,"  but  one  account  with  each  tax- 
ing body  is  used  in  recording  his  transactions  in  both 
capacities. 

The  ''Public"  Records — What  they  Showed. 

The  public  records  submitted  for  inspection  showed 
entries  covering 

(a)  Costs  collected  on  delinquent  general  tax  and 
special  assessment  bills, 

(b)  ^  Delinquent  special  assessments  collected  for 
the  City  of  Chicago, 

(c)  All  remittances  to  the  several  taxing  bodies 
on  account  of  both  general  taxes  and  special  assess- 
ments collected  for  such  bodies. 

These  entries  apparently  had  been  made  from  day  to 
day  in  the  ordinary  course  of  business.  To  this  extent 
the  books  seemingly  set  forth  bona  fide  transactions  as 
they  occurred.  This  was  not  true,  however,  of  the  en- 
tries which  purported  to  show  cash  received  by  the  "col- 
lector" from  the  following  sources: 

(a)  General  tax  collections. 

(b)  Delinquent  special  assessments  other  than 
those  returned  by  the  City  of  Chicago. 

(c)  Interest  penalties  collected  on  delinquent 
general  taxes. 

The  "public"  records  showed  no  accounts  with  banks 
or  other  depositaries,  and  there  were  no  entries  in  these 
records  indicating  what  disposition  had  been  made  of  the 
public  funds  during  the  time  that  they  were  under  the 
control  of  the  "collector." 


42  Chicago  Bureau  of  Public  Efficiency 

Cash  Receipts  Withheld  from  ^'Public"  Records. 

With  respect  to  cash  received  on  account  of  general 
tax  collections,  the  practice  was  not  to  show  its  receipt 
upon  the  ** public"  records  until  the  distributive  share  of 
each  taxing  body  in  certain  aggregate  amounts  collected 
had  been  determined.  When  these  distributive  shares 
had  been  ascertained,  entries  were  made  crediting  each 
taxing  body  with  its  respective  share.  At  the  same  time 
the  "collector"  charged  himself,  through  an  entry  ii> 
his  cash  account,  with  the  aggregate  amount  of  such 
credits.  These  entries  in  the  cash  account,  therefore, 
while  they  purported  to  show  the  receipt  of  cash  on  the 
dates  under  which  they  appeared,  in  fact,  constituted  the 
first  public  acknowledgment  by  the  ''collector"  that  he 
had  received  cash,  the  greater  part  of  which  in  most  in- 
stances had  been  in  his  hands  for  considerable  periods 
before  the  entries  were  made. 

During  the  year  1911,  charges  of  the  foregoing  nature 
were  made  to  the  "collector's"  cash  and  the  correspond- 
ing credits  were  shown  in  the  accounts  of  the  several 
taxing  bodies  on  but  seven  different  dates.  The  follow- 
ing table  shows  the  dates  upon  which  these  entries  were 
made,  the  nature  of  the  collections  covered  by  each  entry, 
and  the  aggregate  amount  charged  to  cash  in  each  in- 
stance. 


County  Treasurer  of  Cook  County 


43 


Table  Showing  Dates  and  Amounts  of  Entries  on  the  "Collector's"  Cash  Account 

During  the  Year  1911;  Also  the  Nature  of  the  Items  Covered  by 

Each  Entry. 


Date  of  Entry 


Collections  Covered  by  Entry 


Aggregate 
Amount 
Charged 
to  Cash 


March  18,  1911, 
April  10, 
September  15, 


November  8, 
November  9, 
November  13, 

December  14, 


"Town  collector's"  collections  up  to  March  10, 
in  seven  city  towns 

State  taxes  collected  in  part  by  country  town 
collectors  and  in  part  by  "coimty  collector".  . 

Railroad  taxes 

Collections  of  taxes  of  prior  years,  forfeiture  re- 
demptions, etc 


Taxes  (other  than  railroad  taxes,  taxes  for  prior 
years,  etc.,)  received  by  "coimty  collector" 
between  March  10,  and  December  15,  1911.  . 

Total 


$  8,729,055.07 

189,619.64 

2,197,347.70 

147,210.98 
3,410.39 
9,591.63 

26,493,422.39 
$37,769,657.80 


Obviously,  the  above  amounts  were  not  received  as 
lump  sums  on  the  dates  shown.  What  these  sums  really 
represent  are  tax  collections  made  months  before  and 
withheld  from  the  ''public"  records  until  the  dates 
shown.  Of  the  $26,493,422.39,  entered  December  14,  it  is 
estimated  that  more  than  $23,000,000.00  was  collected 
prior  to  June  1. 

In  addition  to  the  amounts  represented  by  the  fore- 
going items,  during  the  year  1911  the  "collector"  re- 
ceived from  general  tax  collections  the  aggregate  amount 
of  $3,548,809.83.  This  sum  represents  a  part  of  the  dis- 
tributive share  of  Cook  County  in  the  aggregate  of  gen- 
eral tax  collections.  No  entries  showing  either  its  re- 
ceipt or  disbursement  appeared  on  the  ''collector's" 
books.  On  those  records  it  was  neither  credited  to  the 
County  as  the  distributive  shares  of  other  taxing  bodies 


44  Chicago  Bureau  of  Public  Efficiency 

were  credited,  nor  was  it  charged  to  cash  as  the  entries 
in  the  preceding  table  were  charged,  and,  therefore,  it  is 
not  included  in  those  items.  The  sums  forming  this  ag- 
gregate amount  appeared,  however,  on  the  '^ treasurer's" 
books  as  charges  to  cash  on  account  of  general  tax  col- 
lections. The  following  table  shows  the  amounts  of  these 
several  sums  and  the  date  of  entry  on  the  '  *  treasurer 's ' ' 
books : 

Date  Amount 

February  27,  1911 $  198,687.50 

April  17  139,200.00 

May  16  136,000.00 

May  31 125,500.00 

June  21 2,356,450.00 

June  21 97,000.00 

June  29 125,000.00 

August  7 325,000.00 

September  27   45,700.00 

December  20  272.33 

$3,548,809.83 

This  sum  of  $3,548,809.83  represents,  in  the  aggregate, 
a  part  of  the  share  of  the  County  in  each  of  a  very  large 
number  of  separate  tax  collections  made  from  day  to  day, 
beginning  about  January  10.  Although  much  of  this 
money  was  in  the  ''collector's"  possession  long  prior 
to  the  date  of  the  respective  entries  on  the  ''treasurer's" 
books,  these  entries  constituted  the  first  public  record 
of  the  fact  that  it  had  been  received. 

Cash  received  on  account  of  delinquent  special  assess- 
ments other  than  those  returned  by  the  City  of  Chicago 
was  entered  on  the  "collector's"  books  in  substantially 
the  same  manner  as  cash  received  from  general  tax  col- 
lections. The  following  table  shows  the  dates  upon  which 
the  respective  amounts  appearing  therein  were  charged 


County  Treasurer  of  Cook  County 


45 


to  the  cash  account,  and  also  the  periods  during  which 
the  several  sums  were  collected.  As  in  the  case  of  gen- 
eral tax  collections,  these  charges  to  the  cash  account 
constituted  the  first  public  record  of  the  fact  that  the 
money  had  been  received,  although  in  these  cases  the 
entries  themselves  evidence  the  fact  that  the  money  had 
been  in  the  "collector's"  possession  for  a  considerable 
period. 


Table  Showing  Amount  of  Special  Assessment  Collections  (Other  than  City  of 

Chicago)  Received  by  "County  Collector";  also  Periods  During  Which 

the  Several  Amounts  were  Collected  and  the  Dates  when  they 

were  Entered  on  "Collector's"  "Public"  Records. 


Date  of  Entry  on 

"CoUector's' 

Records 

May  8,  1911.. 

June  21 

July  12 

August  8 

August  17.  ... 
September  12. 
September  12. 
October  16. .  . 
October  21.  .  . 
November  8. . 
December  14. . 


Periods  During  which  Collections  were  Made 


Amount 


April  1,  to  April  15,  1911 

April  16,  to  AprU  30 

May  1,  to  May  15 

May  16,  to  May  31 

June  1,  to  June  15 

Jime  16,  to  June  30 

July  1,  to  July  15 

July  16,  to  July  31 

August  1,  to  August  31 

September  1,  to  September  30 
October  1,  to  December  15.  .  . 

Total 


$  22,671.83 
64,544.46 

187,612.76 
32,371.71 
26,603.24 
23,534.01 
28,818.88 
39,502.98 
74,002.76 
46,638.63 

152,063.92 

$698,385.18 


Certain  other  entries  showing  small  amounts  collected 
on  account  of  special  assessments  appeared  as  charges 
to  cash  during  the  year,  but  they  covered  items  of  such 
minor  importance  that  they  have  been  omitted  from  the 
table. 

Penalties  in  the  form  of  interest  at  the  rate  of  1%  a 
month  which  were  collected  from  day  to  day,  beginning 
May  2,  on  delinquent  general  taxes  were  not  entered  on 
the  ''collector's"  "public"  records  at  all.    In  1911  the 


46  Chicago  Bureau  of  Public  Efficiency 

amount  accounted  for  aggregated  $113,663.24.  The  sev- 
eral sums  aggregating  this  amount  appear  on  the  ' '  treas- 
urer's"  books  as  cash  received  from  this  source  on  the 
dates  shown  in  the  f  ollomng  table : 

Date  Amount 

June  30,  1911 $  22,810.94 

July  31 22,760.64 

August  31  26,585.80 

September  29 22,798.22 

October  31 6,000.00 

December  21 12,707.64 

$113,663.24 

This  case  again  illustrates  how  funds  were  collected 
but  not  put  upon  the  "public"  records  from  day  to  day 
in  the  usual  course  of  business. 

Conditions  Resulting  from  the  Manner 

in  Which  the  Accounts  Are  Operated. 

The  manner  in  which  the  ''collector"  keeps  his  ac- 
counts, the  distinction  which  he  makes  between  those 
records  of  his  office  which  he  terms  ''private"  and  those 
which  he  terms  "public,"  and  his  refusal  to  concede  the 
tax-paying  public  the  right  to  inspect  the  so-called  "pri- 
vate" records  operate  to  bring  about  the  following  con- 
ditions : 

1.  For  long  periods  after  the  time  when  the  money 
is  actually  received  by  the  "collector,"  the  entry  of 
the  receipt  of  millions  of  dollars  of  public  moneys  col- 
lected by  him  each  year  is  withheld  from  what  he  terms 
his  "public"  records.  It  is  ostiniatod  that  of  the  $26,- 
493,422.39  shown  in  the  table  on  page  43,  which  was 
placed  of  record  December  14,  1911,  approximately  $23,- 


County  Treasurer  of  Cook  County  47 

000,000  was  actually  received  prior  to  June  1,  1911,  and 
that  practically  all  of  the  $2,197,347.70  of  railroad  taxes 
shown  on  September  15  was  collected  prior  to  May  1. 

2.  By  withholding  from  the  ''public"  records  entries 
showing  the  receipt  of  moneys  collected  on  account  of 
taxes  and  special  assessments,  and  at  the  same  time  by 
neglecting  to  credit  the  accounts  of  the  different  taxing 
bodies  throughout  the  county  with  collections  made  for 
them,  except  at  such  widely  separated  dates  as  appear 
in  the  tables  on  pages  43-45,  the  ''collector"  can 
keep  the  taxing  bodies  in  ignorance  of  the  respective 
amounts  to  the  payment  of  which  they  are,  from  time 
to  time,  entitled.  He  thus  avoids  making  remittances 
to  them  which  they  might  otherAvise  demand.  This  point 
is  of  special  significance  in  view  of  the  tardy  manner  in 
which  he  remits  funds  to  all  of  the  taxing  bodies. 

The  entries  appearing  in  the  account  of  the  City  of 
Chicago  for  the  year  1911  are  shown  in  the  following 
statement.  They  are  typical  of  the  entries  in  the  ac- 
counts of  other  taxing  bodies,  and  illustrate  the  manner 
in  which  the  collections  and  disbursements  made  by  the 
"collector"  are  entered  upon  the  "public"  records  of  the 
office.  It  will  be  noted  that  the  $5,586,768.35  credited  to 
this  account  on  March  18  was  not  entirely  paid  over 
to  the  City  until  April  28.  Of  the  $17,767,766.67  cred- 
ited on  December  14,  the  Bureau  estimates  that  more 
than  $15,500,000  was  actually  collected  prior  to  June  1. 
Because  of  the  failure  to  credit  the  City  with  the  latter 
amount  until  December  14,  it  appeared  from  the  face  of 
the  "collector's"  books  that  during  the  greater  part  of 
the  year  the  City  was  heavily  indebted  to  the  "collector" 
for  cash  advanced,  while  the  fact  was  that  during  the  en- 


48 


Chicago  Bureau  of  Public  Efficiency 


tire  time  the  "collector"  was  actually  withholding  from 
the  City  funds  to  which  it  was  entitled. 


Statement  of  Account  of  County  and  Town  "Collector"  with  City  of  Chicago  for 

1911,  Showing  Dates  and  Amounts  of  Payments  Made  to  City;  Also 

Amounts  Collected  for  City  on  Account  of  General  Taxes  and 

Dates  when  Same  were  Entered  on  the  "Collector's" 

"Public"  Records. 


Date 

Payments  to  City 

Taxes  Collected  for  City 

February  24,  1911, 

$    550.000.00 

March  18, 

*      111,735.36 

March  18,             ]%  5,586,768.35 

March  24, 

472,499.69 

April  18, 

1,971,410.35 

April  28, 

3,000,000.00 

May  16, 

2,750,000.00 

May  29, 

1,000,000.00 

Jiine  19, 

1,000,000.00 

June  29, 

1,000,000.00 

July  17, 

1,000,000.00 

July  27, 

1,000,000.00 

August  17, 

1,000,000.00 

August  21, 

**        41,762.59 

August  28, 

1,000,000.00 

September  16, 

971,690.32 

Sept.  15,                tt  1,102,921.24 

September  29, 

1,250,000.00 

October  18, 

1,250,000.00 

October  30, 

1,250,000.00 

November  17, 

1,250,000.00 

November    8,  ttt           83,345.04 

November  28, 

750,000.00 

9,  ttt             1,689.94 

November  29, 

1,250,000.00 

13,  ttt             1,123.73 

December  16, 

**♦       189,508.46 

December  14,tttt    17,767,766.67 

December  19, 

400,000.00 

December  22, 

84,948.20 
$24,543,614.97 

$24,543,614.97 

t 

tt 
ttt 
tttt 


"Town  collector's"  commissions. 

County  Clerk's  extension  fees. 

"County  collector's"  commissions. 

Collections  made  by  "town  collector"  January  10,  to  March  10. 

Railroad  taxes. 

Taxes  prior  years,  forfeiture  redemptions,  etc. 

Collections  by  "county  collector"  March  10,  to  December  15. 


3.  By  concealing  liis  accounts  with  the  banks  and  also 
the  amount  of  cash  received  l)y  liini  daily  in  his  capacity 
as  ''collector,"  the  County  Treasurer  has  succeeded  in 


County  Treasurer  of  Cook  County  49 

preventing  not  only  the  tax-paying  public  but  also  the 
County  Board,  which  is  charged  with  the  duty  of  ap- 
proving his  accounts,  from  ascertaining  whether  or  not 
he  has  accounted  for  all  interest  earned  on  the  public 
funds  while  they  are  in  his  possession. 

The  important  part  which  the  practice  of  concealing 
daily  cash  receipts  plays  in  preventing  an  effective  check 
on  interest  earnings  is  apparent.  Both  the  amount  re- 
ceived and  the  length  of  time  that  the  money  is  retained 
by  the  Treasurer  are  essential  factors  in  computing  in- 
terest. Data  as  to  the  aggregate  amount  received  are  of 
little  or  no  value  unless  supplemented  by  data  as  to  when 
the  money  was  received  and  paid  out.  In  this  connection, 
attention  is  directed  to  the  fact  that  the  interest  figures 
presented  in  this  report  are  based  upon  estimated  daily 
cash  receipts.  The  Bureau  was  forced  to  resort  to  the 
method  of  estimating,  described  on  pages  62-65,  because 
of  the  refusal  of  the  Treasurer  to  furnish  any  definite 
data  as  to  when  the  money  collected  by  him  was  received. 

REMITTANCES  TO  TAXING  BODIES. 

The  Eevenue  Act  provides  that  every  30  days  town 
collectors  shall  account  for  and  pay  over  taxes  collected 
by  them. 

The  Eevenue  Act  also  provides  that  the  "county  col- 
lector" shall  file  a  statement  of  his  collections  with  the 
County  Clerk,  on  or  before  April  10,  of  each  year,  and 
that  on  or  before  April  15,  he  shall  pay  over  the  amount 
sho^Ti  in  such  statement.  The  Act  provides  further  that 
the  "county  collector"  shall  report  and  pay  over  to  cities 
and  other  local  taxing  bodies  delinquent  t-axes  and  spe- 
cial assessments  collected  by  him  ' '  at  least  once  in  every 
10  days  when  demanded  by  the  proper  authorities." 


50  Chicago  Bureau  of  Public  Efficiency 

The  foregoing  provisions  of  the  statutes  are  disre- 
garded altogether  by  the  '^ county  collector"  of  Cook 
County  and  the  ''town  collector"  of  the  seven  Chicago 
towns. 

The  policy  with  respect  to  remitting  such  collections 
has  been  for  the  "collector"  to  hold  the  money  just  as 
long  as  he  could  safely  do  so,  while  the  authorities  of 
the  several  taxing  bodies  have  ''bargained"  with  him  as 
best  they  could  in  order  to  get  the  funds  which  he  was 
unlawfully  withholding.  In  some  cases,  particularly 
those  of  the  City  of  Chicago  and  the  South  Park  Board, 
payments  are  made  in  accordance  with  a  prearranged 
schedule.  The  West  Park  Board  and  the  Lincoln  Park 
Board  receive  their  shares  as  their  needs  become  urgent, 
while  many  of  the  smaller  outlying  taxing  bodies  receive 
no  money  at  all  until  the  date  of  final  distribution  in 
December. 

The  heavy  responsibility  imposed  upon  the  Treasurer 
with  respect  to  the  safe  keeping  of  funds  collected  by 
him,  both  as  "county  collector"  and  as  "town  collector," 
was  pointed  out  in  the  previous  pages  of  this  report. 
The  present  Treasurer  has  repeatedly  complained  of  the 
burden  of  this  responsibility.  Nevertheless,  he  has  not 
taken  advantage  of  the  opportunity  which  he  has  to  re- 
lieve himself  of  this  responsibility  by  turning  the  collec- 
tions over  to  the  authorities  entitled  to  receive  them.  On 
tlie  other  hand,  he  has  actually  increased  his  burden  of 
responsibility  by  withholding  the  moneys  after  the  tax- 
ing bodies  were  legally  entitled  to  receive  them. 


County  Treasurer  of  Cook  County  51 

THE  AUDIT  OF  THE  TREASURER'S  ACCOUNTS. 

Notwithstanding  the  enormous  sums  of  public  money 
which  the  Treasurer  handles,  there  is  absolutely  no  audit 
of  his  accounts  except  such  as  may  be  conducted  by 
himself  and  his  bondsmen. 

By  the  terms  of  the  statute,  he  is  required  to  account 
to  the  County  Board,  and  in  a  perfunctory  way  he  does 
file  accounts  as  "treasurer."  He  is  required  also  to 
submit  a  statement  of  his  accounts  as  ''collector"  to  the 
County  Board  for  its  approval  or  correction. 

In  the  face  of  these  explicit  statutory  requirements, 
the  present  Treasurer  has  denied  the  County  Board  ac- 
cess to  his  records  for  the  purpose  of  checking  up  his 
accounts  and  so  far  as  the  Board  has  attempted  to  dis- 
charge the  duties  imposed  upon  it,  it  has  gone  through 
the  empty  formality  of  approving  the  accounts  without 
having  examined  the  records  from  which  they  were 
made  up. 

The  conduct  of  Treasurer  O'Connell  in  refusing  to  per- 
mit an  audit  of  his  books  by  the  County  Board  cannot 
be  too  severely  condemned.  The  Bureau  recommends 
that  the  Board  insist  upon  its  right  to  examine  his  ac- 
counts and  records,  and  that  it  take  steps  immediately 
to  compel  him  to  submit  all  such  accounts  and  records 
to  a  complete,  thorough,  and  disinterested  audit. 


THE  QUESTION  OF  INTEREST  ON  FUNDS  IN  THE  CUSTODY 
OF  THE  COUNTY  TREASURER. 


Prior  to  the  administration  of  John  J.  Hanberg  as 
County  Treasurer,  which  began  in  December,  1902,  it 
had  been  the  practice  of  the  incumbents  of  that  office  to 
retain  for  their  own  use  the  interest  on  public  funds  in 
their  custody. 

At  the  close  of  each  of  the  four  years  during  which 
he  held  the  office,  Mr.  Hanberg,  in  pursuance  of  certain 
pre-election  pledges,  turned  into  the  County  treasury 
a  certain  sum  as  interest  earned  on  the  funds  in  his  cus- 
tody during  that  year. 

John  B.  Thompson,  Hanberg's  successor,  before  his 
election  also  pledged  himself  to  turn  over  the  interest  on 
his  bank  deposits,  and  each  year  while  in  office  made 
certain  interest  payments  to  the  County. 

In  December,  1910,  the  present  County  Treasurer,  Wil- 
liam L.  0 'Council,  came  into  office,  having  previously 
made  pledges  similar  to  those  made  by  Hanberg  and 
Thompson,  and,  following  the  example  set  by  them,  in 
December,  1911,  he  accounted  to  the  County  for  $150,- 
557.39  as  interest  earned  during  the  first  year  of  his 
administration. 


54 


Chicago  Bureau  of  Public  Efficiency 


The  amounts  of  the  several  interest  payments  made 
by  the  three  treasurers  above  mentioned  are  shown  in 
the  following  table : 


Treasurer 

Year 

Amount 

John  J.  Hanberg 

1902—1903 

S  67,402.61 

<<      ((       II 

1903—1904 

73,021.77 

(1            (1              K 

1904—1905 

73,138.80 

(1            II              II 

1905—1906 

88,113.33 

John  R.  Thompson 

1906—1907 

123,762.84 

«       II          II 

1907—1908 

126,837.50 

<i       II          II 

1908—1909 

117,266.91 

<<      II          II 

1909—1910 

124,227.21 

William  L.  O'Comiell 

1910—1911 

150,557.39 

Each  of  these  payments  was  made  in  pursuance  of  a 
campaign  pledge.  So  far  as  the  Bureau  is  advised,  Mr. 
Hanberg  did  not  concede  the  legal  right  of  the  County  to 
the  interest.  Mr.  Thompson  denied  that  right  and  Mr. 
O'Connell  also  has  denied  it.  The  latter  insists  that  he 
is  under  no  legal  obligation  to  pay  over  the  interest,  but 
is  doing  so  because  of  the  pledge  he  made  when  a  candi- 
date. 

In  each  instance  before  turning  over  the  money,  the 
Treasurer  has  exacted  from  the  County  Board  the  pas- 
sage of  a  resolution  designed  to  protect  him  against  con- 
tingent claims  of  various  kinds  which  might  arise  as  a 
result  of  the  payments  to  be  made. 

The  ostensible  reason  for  demanding  such  a  resolution 
was  that  it  has  been  contended  that  the  taxing  bodies 
whose  moneys  are  collected  by  the  ''town  collector"  and 
"county  collector"  are  entitled  to  any  interest  earned 
on  those  moneys  while  they  are  in  the  custody  of  the 
''collector."  The  Bureau  does  not  believe  that  this  con- 
tention is  well  founded. 

During  the  Hanberg  administration,  these  resolutions 


County  Treasurer  of  Cook  County  55 

were  so  framed  as  to  protect  and  indemnify  him  only 
against  **any  loss  or  damage  to  him  arising  out  of  any 
lawful  claim  that  any  other  municipal  corporation" 
might  ''have  and  establish  to  all  or  any  part  of"  the 
interest  paid  into  the  treasury  of  Cook  County,  and  which 
said  Hanberg  might  be  required  to  pay.  These  resolu- 
tions, moreover,  recited  that  they  were  passed  in  consid- 
eration of  Hanberg 's  paying  into  the  treasury  of  the 
County  ''all  interest  earned  and  received  by  Mm  on  all 
taxes  and  moneys  deposited  by  him  in  bank." 

With  the  advent  of  the  Thompson  administration,  the 
form  of  the  resolution  was  changed.  It  was  then  so 
drawn  as  to  recite  that  Thompson  had  deposited  in  banks 
all  the  moneys  and  taxes  collected  by  him  and  had  re- 
ceived certain  earnings  and  interest  upon  such  deposits ; 
that  he  had  offered  to  pay  to  the  County  "certain  moneys 
derived  by  him  as  such  interest  and  earnings  accruing  on 
such  deposits,"  provided  he  was  ''protected  against  and 
discharged  from  any  and  all  claims  of  every  nature  that 
have  heretofore  arisen,  or  may  hereafter  arise  by  virtue 
of,  or  incidental  to,  the  payment  or  non-payment  of  said 
interest  or  earnings,  *  *  *  or  the  payment  or  non- 
payment of  said  interest  to  said  Cook  County  or  any 
municipality  within  said  Cook  County. ' '  The  resolution 
itself  ordered  that  the  County  ' '  discharge  him  from  any 
and  all  claim  or  claims"  which  might  accrue  "by  reason 
of  the  payment  or  non-payment  of  said  interest  or  earn- 
ings upon  said  moneys,  as  aforesaid,  whether  accruing  to 
said  Cook  County  or  to  any  other  municipal  corpora- 
tion." 

In  tendering  the  $150,557.39,  paid  to  the  County  in 
1911,  Treasurer  O'Connell  submitted  a  resolution  in  the 


56  Chicago  Bureau  of  Puhlic  Efficiency 

form  "used  by  Mr.  Thompson.  This  resolution  was 
passed  by  the  Board  at  the  time  it  accepted  the  money 
tendered. 

The  only  information  which  either  the  County  Board 
or  the  public  has  had  as  to  these  interest  payments  has 
been  and  is  contained  in  the  resolutions  thus  passed. 
Each  time  the  Treasurer  has  paid  over  a  lump  sum.  So 
far  as  the  proceedings  of  the  Board  disclose,  no  audit 
or  accounting  of  any  kind  has  been  had.  Not  even  the 
rate  at  which  the  amount  turned  in  was  computed  has 
been  disclosed. 

It  "will  be  noted,  however,  that  the  Hanberg  resolu- 
tion was  passed  in  consideration  of  the  payment  to  the 
County  of  '^all  interest  earned  and  received"  by  him,  and 
that  it  indemnified  him  only  against  a  second  payment 
to  some  other  municipality  of  interest  which  he  had  al- 
ready paid  to  Cook  County.  There  was  no  pretense  of 
a  release  on  account  of  the  non-payment  of  any  interest. 

The  Thompson  resolution,  on  the  other  hand,  does  not 
purport  to  cover  all  interest  received.  It  recites  the  re- 
ceipt of  certain  interest  and  an  offer  to  pay  certain  inter- 
est to  the  County,  and  in  terms  it  releases  the  Treasurer 
from  all  claims  which  may  accrue  * '  by  reason  of  the  pay- 
ment or  non-payment  of  said  interest"  "ivhether  accru- 
ing to  said  Cooli  County  or  any  other  municipal  corpora- 
tion." 

The  question  which  naturally  suggests  itself  is:  The 
non-payment  to  Cook  County  of  tvJiat  interest  were  the 
Thompson  and  O'Connell  resolutions  designed  to  covert 
Was  it  that  certain  interest  offered  and  paid,  or  that 
certain  interest  received  by  the  Treasurer?  It  does  not 
appear  from  the  resolution  that  the  amount  was  the  same 


County  Treasurer  of  Cook  County  57 

in  each  case.  It  would  seem  scarcely  necessary  for  the 
Treasurer  to  obtain  a  release  from  the  County  on  ac- 
count of  the  non-payment  to  it  of  money  which  he  actu^ 
ally  paid.  A  second  query  might  well  be :  What  was  the 
purpose  of  obtaining  such  a  release  1  "Was  either  of  them 
withholding  interest  which  he  had  received  and  to  which 
the  County  was  and  is  entitled f 

MR.  O'CONNELL  REFUSES  TO  TURN  OVER  INTEREST  EARNED  IN  1912. 

In  January,  1913,  Treasurer  0  'Council  tendered  to  the 
County  Board  $162,212.53,  as  interest  earned  on  various 
funds  held  by  him  during  the  fiscal  year  ending  Decem- 
ber 2, 1912.  This  tender  was  made  on  condition  that  the 
Board  pass  a  resolution  in  the  form  adopted  in  1911. 
The  Finance  Committee  of  the  Board  recommended  the 
adoption  of  the  following  substitute  resolution : 

''Eesolved,  That  upon  the  payment  into  the  treas- 
ury of  Cook  County  by  the  said  William  L.  O'Con- 
nell.  County  Treasurer  and  ex-officio  collector  as 
aforesaid,  of  the  aforesaid  sum  of  $162,212.53,  being 
interest  that  came  into  his  hands  during  the  fiscal 
year  ending  the  first  Monday  in  December,  1912,  on 
various  funds  held  by  him  as  County  Collector,  as 
aforesaid,  the  County  of  Cook  do  and  will  save  and 
keep  the  said  William  L.  0 'Council  free  and  harm- 
less from  and  against  any  and  all  claims,  demands, 
costs  and  damages  for  which  he  may  be  or  become 
liable  to  any  person,  corporation  or  municipality,  by 
reason  of  the  pajTuent  of  said  sum  of  money  or  any 
part  thereof  into  the  treasury  of  said  Cook  County 
or  by  reason  of  the  non-payment  of  said  sum  of 
money  or  any  part  thereof  to  any  such  person,  cor- 
poration or  municipality;  provided,  however,  that 
this  resolution  shall  in  notvise  affect  any  claim,  aside 
from  said  sum  of  $162,212.53,  which  the  said 
County  of  Cook  may  have  against  the  said  William 


58  Chicago  Bureau  of  P^ihlic  Efficiency 

L.  O'Connell  for  any  interest  that  may  have  come 
into  his  hands  on  funds  held  by  him  as  County 
Treasurer  or  ex-officio  collector,  as  aforesaid,  and 
provided  further  that  this  resolution  shall  in  nowise 
affect  the  right  or  authority  of  the  Board  of  Com- 
missioners of  Cook  County  or  any  of  its  committees 
to  examine  and  audit  or  cause  to  be  examined  and 
audited  the  books,  records,  and  accounts  of  said 
County  Treasurer  and  ex-officio  collector,  as  afore- 
said. ' ' 

Mr.  O'Connell's  friends  on  the  Board  prevented  the 
adoption  of  the  substitute  resolution.  At  the  same  meet- 
ing Commissioner  Burg,  presumably  at  the  instance  of 
Mr.  O'Connell,  offered  the  following  resolution,  the 
adoption  of  which  was  prevented  by  those  members  who 
supported  the  Finance  Committee's  report: 

''Be  it  Resolved  and  Ordered,  That  said  William 
L.  O'Connell,  be  and  he  hereby  is  authorized  and 
directed  to  pay  into  the  Treasury  of  said  Cook 
County,  said  sum  of  $162,212.53  as  the  interest  and 
earnings  on  the  several  taxes  and  moneys  collected 
or  received  by  him  as  aforesaid,  and  that  in  consid- 
eration of  his  so  doing,  it  is  further 

"Resolved  and  Ordered,  That  said  Cook  County 
do  accept  said  sum  and  hereby  discharge  him  from 
any  and  all  claim  or  claims,  liability  or  liabilities 
heretofore  accruing  at  any  time,  or  which  may  here- 
after accrue  by  reason  of  the  payment  or  non-pay- 
ment of  said  interest  or  earnings  upon  said  moneys, 
as  aforesaid,  whether  accruing  to  said  Cook  County, 
or  to  any  other  municipal  corporation  at  any  time 
whatsoever;  and  it  is  hereby  further 

''Resolved,  That  said  Cook  County  do  hold  him 
free  and  harmless  from  any  and  all  such  claims  and 
all  costs  and  damages  for  which  he  may  be  or  be- 
come liable  with  reference  thereto,  and  provided, 
however,  that  this  resolution  shall  in  nowise  affect 
the  right  or  autliority  of  the  Board  of  Commission- 
ers of  Cook  County  or  any  of  its  committees  to  exam- 


County  Treasurer  of  Cook  County  59 

ine  and  audit  or  cause  to  be  examined  and  audited 
the  books,  records  and  accounts  of  said  County 
Treasurer  and  ex-officio  collector,  as  aforesaid." 

The  vital  difference  in  these  two  resolutions  is  that 
the  Burg  resolution  was  designed  to  discharge  the  Treas- 
urer from  any  and  all  claims  which  might  accrue  by  rea- 
son of  the  non-payment  to  Cook  County  of  interest 
earned  other  than  the  $162,212.53  tendered,  while  the 
resolution  of  the  Finance  Committee  provided  that  such 
resolution  should  ' '  in  nowise  affect  any  claim,  aside  from 
said  sum  of  $162,212.53,  which  the  said  County  of  Cook 
may  have  against  the  said  William  L.  0  'Connell  for  any 
interest  that  may  have  come  into  his  hands  on  funds 
held  by  him  as  County  Treasurer  and  ex-officio  col- 
lector." 

In  view  of  Mr.  O'ConnelPs  often  repeated  statement 
that  he  was  turning  over  all  of  the  interest  earned  on 
the  funds  held  by  him,  his  conduct  in  refusing  to  accept 
the  indemnity  offered  him  in  the  resolution  of  the 
Finance  Committee  is  not  easily  explained.  He  still  re- 
tains the  $162,212.53. 

THE  INVESTIGATION  BY  THE  BUREAU. 

The  investigation  of  the  Bureau  into  this  question  of 
interest  began  in  November,  1911,  when  Treasurer 
0 'Connell  turned  his  ''public"  records  over  to  its  ac- 
countants for  examination. 

At  the  outset,  Mr.  0 'Connell  stated  that  he  Kept  no 
books  or  records  showing  either  his  interest  or  deposit 
accounts  with  the  banks.  He  refused  also  to  supply  any 
information  as  to  the  basis  upon  which  the  interest 
turned  over  to  the  County  in  1911,  amounting  to  $150,- 


60  Chicago  Bureau  of  Public  Ejjiciency 

557.39,  was  computed.  There  seemed  to  be  no  probabil- 
ity, therefore,  that  the  exact  amount  of  interest  which 
the  funds  in  his  hands  had  actually  earned  could  be  ascer- 
tained, since  the  length  of  time  that  money  is  permitted 
to  remain  in  the  custody  of  the  banks,  as  well  as  other 
conditions  of  deposit,  influence  them  in  making  interest 
rates. 

In  general  it  may  be  said,  however,  that  public  bodies 
having  funds  on  deposit  in  Chicago  banks  receive  inter- 
est at  a  rate  varying  from  2  per  cent  to  3  per  cent,  de- 
pending on  the  length  of  time  for  which  the  deposits  are 
made.  The  City  of  Chicago  receives  a  flat  rate  of  2\  per 
cent,  computed  and  paid  monthly,  on  its  average  daily 
balances  in  all  funds.  It  was  apparent,  therefore,  that 
if  the  accountants  of  the  Bureau  could  ascertain  the 
amounts  of  the  Treasurer's  daily  cash  balances  for  the 
fiscal  year  ended  December  3,  1911,  there  would  be  little 
difficulty  in  determining  whether  or  not  he  had  ac- 
counted for  as  much  interest  as  the  funds  in  his  custody 
might  reasonably  have  been  expected  to  earn.  On  the 
other  hand,  without  some  method  of  determining  or  ap- 
proximately estimating  these  balances,  there  seemed  to 
be  no  way  in  which  the  interest  figures  of  the  Treasurer 
could  be  checked. 

No  difficulties  were  encountered  in  computing  these 
balances  so  far  as  the  ''treasurer's"  accounts  described 
on  page  33  were  concerned. 

When,  however,  an  attempt  was  made  to  compute  these 
balances  with  respect  to  the  funds  handled  by  the  "col- 
lector," the  situation  set  forth  on  pages  42-46  was 
met  with.  The  entries  which  should  have  shown  the  re- 
ceipt of  cash  from  day  to  day  were  not  on  the  "public" 
records.    On  the  other  hand,  it  was  kno^vn  that  the  "tell- 


County  Treasurer  of  Cook  County  61 

ers'  daily  cash  collection  sheets"  and  the  "auditor's 
ledgers,"  described  on  pages  39-40,  would  disclose  all  the 
data  which  it  was  necessary  to  have  in  order  to  make 
the  desired  computation,  and  the  Treasurer  was  appealed 
to  to  permit  an  examination  of  these  so-called  ''private" 
records.  This  permission  was  denied  and,  for  the  time 
being,  the  inquiry  had  to  be  abandoned  for  lack  of  ma- 
terial upon  which  to  work. 

Before  the  matter  was  dropped  even  temporarily,  how- 
ever, copies  were  made  of  his  ledger  accounts  and  such 
data  as  the  accountants  considered  important  were  taken 
from  the  cash  book  and  journal. 

Several  months  afterwards  one  of  the  investigators 
of  the  Bureau,  working  in  the  auditor's  division  of  the 
Treasurer's  office,  had  occasion  to  draw  off  from  one  of 
the  records  of  that  division  a  statement  showing  the 
total  number  of  tax  and  special  assessment  bills  upon 
which  collections  had  been  made  each  day  throughout 
the  year  1911'. 

Meanwhile,  the  Bureau  accountants  had  been  seeking 
some  way  to  ascertain  those  items  of  the  ''collector's" 
daily  cash  receipts  which  did  not  appear  upon  his  ' '  pub- 
lic" records.  Eeceipts  derived  from  two  important 
sources  were  necessarily  involved  in  any  such  estimates, 
—namely,  (1)  general  tax  collections  made  up  of  volun- 
tary tax  payments  and  the  proceeds  of  tax  sales,  and 
(2)  special  assessments  other  than  those  returned  by 
the  City  of  Chicago.  The  chief  difficulty  which  the  ac- 
countants had  experienced,  however,  had  been  in  attempt- 
ing to  establish  a  basis  for  estimating  the  receipts  from 
voluntary  tax  payments.  The  discovery  in  the  auditor's 
division  of  the  record  mentioned  above  proved  a  prac- 
tical solution  of  this  problem. 


62  Chicago  Bureau  of  Public  Efficiency 

PROCEDURE  EMPLOYED  IN  ESTIMATING  CASH  RECEIPTS. 

The  following  procedure  was  employed  in  estimating 
the  cash  receipts  in  question : 

1.  As  a  preliminary  step,  the  total  collections  ac- 
counted for  by  the  "collector"  on  account  of  general 
taxes  were  segregated  into 

{a)  Receipts  from  voluntary  payments; 

(&)  Proceeds  of  tax  sales. 
This  segregation  was  effected  by  tabulating  the  amount 
derived  from  each  tax  sale  for  the  year  1911,  as  shown 
on  the  tax  sale  records  in  the  County  Clerk's  office,  and 
then  deducting  the  aggregate  amount  from  the  collections 
reported.  This  task  involved  the  tabulation  of  approxi- 
mately 15,800  separate  items.  The  table  was  so  made 
as  to  show  the  separate  and  aggregate  amounts  of  each 
day's  sales. 

2.  No  information  could  be  obtained  as  to  the  length 
of  time  which  elapsed  in  1911  between  the  date  when 
property  was  sold  at  the  tax  sale  and  the  date  when  the 
tax  buyer  paid  the  amount  of  the  sale  to  the  ''collector," 
but  an  examination  of  the  records  kept  by  the  County 
Clerk  in  1912  showed  that  in  that  year  a  period  of  about 
30  days  usually  elapsed  between  such  dates.  Therefore, 
a  date  30  days  later  than  the  date  of  sale  was  selected 
by  the  accountants  of  the  Bureau  as  the  date  upon  which 
to  charge  the  ''collector's"  cash  with  the  aggregate 
amount  of  each  day's  sales  in  1911. 

3.  In  order  to  compute  the  average  amount  of  each 
general  tax  bill  in  the  manner  hereinafter  described,  it 
was  necessary  to  know  the  total  number  of  general  tax 
bills  issued  each  day.  These  totals  were  shown  on  the 
record    heretofore  mentioned   on   page  61,  which  was 


County  Treasurer  of  Cook  County  63 

found  in  the  auditor's  division.  The  statement  originally 
drawn  off  from  that  record  by  the  Bureau  investigator 
had  been  prepared  for  another  purpose,  however,  and 
showed  only  the  grand  total  each  day  of  both  general 
tax  and  special  assessment  bills.  The  Bureau,  therefore, 
sought  a  second  opportunity  to  examine  the  record  in 
question  for  the  purpose  of  drawing  off  the  number  of 
general  tax  bills  only.  Permission  to  make  this  second 
examination  was  at  first  granted,  but  when  the  work 
was  partially  completed  this  permission  was  withdrawn 
and  the  member  of  the  Bureau  staff  doing  the  work  was 
ordered  from  the  office.  The  work  was  then  completed  by 
drawing  off  the  necessary  data  from  the  records  in  the 
custody  of  the  County  Clerk.  To  do  this  it  was  neces- 
sary to  tabulate  the  number  of  special  assessment  pay- 
ments made  each  day,  and  then  to  deduct  each  day's 
total  from  the  grand  total  of  bills  for  each  day  shown 
on  the  auditor's  record.  This  operation  involved  the 
tabulation  of  about  35,000  separate  items  and  required 
the  services  of  four  men  for  a  period  of  about  ten  days. 
If  the  permission  at  first  granted,  and  then  withdrawn, 
to  examine  the  record  in  the  auditor's  di^dsion,  had  not 
been  withdrawn,  one  man  could  have  obtained  from  that 
record,  in  three  or  four  hours,  all  of  the  information  sub- 
sequently secured  through  tabulating  the  data  shown  on 
the  tax  records. 

Attention  is  directed  to  the  foregoing  incident  and  also 
to  the  work  involved  in  tabulating  the  tax  sale  figures 
described  on  page  62  and  to  the  task  of  estimating  each 
day's  receipts  described  on  page  64,  as  illustrating  the 
burden  imposed  upon  the  Bureau  by  the  refusal  of  the 
Treasurer  to  permit  an  inspection  of  the  "tellers'  daily 
cash  collection  sheets"  and  the  "auditor's  ledgers."  One 


64  Chicago  Bureau  of  Public  Efficiency 

man  working  from  these  records  could  have  obtained  in 
a  few  hours  all  of  the  data  which  the  Bureau  finally 
compiled  as  a  result  of  the  very  laborious  operations 
mentioned.  These  operations  illustrate  even  more  forci- 
bly, however,  the  almost  insurmountable  difficulties  met 
with  by  citizens  and  taxpayers  seeking  information  con- 
cerning the  financial  transactions  of  the  Treasurer's 
office  and  the  manner  in  which  he  handles  public  funds — 
difficulties  which  are  caused  almost  entirely  by  the  policy 
of  secrecy  which  surrounds  the  administration  of  the 
office  and  the  refusal  to  permit  an  examination  under 
reasonable  restrictions  of  those  records  of  the  office 
which  the  Treasurer  terms  "private"  records,  but  which 
are  kept  by  public  employes  at  public  expense. 

4.    The  total  amount  of  general  tax  collections  received 
from  voluntary  payments  was  divided  into 

(a)    Collections  received  as  "to^vn  collector"; 

(&)  Collections  received  as  "county  collector." 
The  total  amount  received  by  the  "town  collector"  was 
then  divided  by  the  total  number  of  receipted  bills  is- 
sued during  the  time  collections  were  being  made  by  the 
"town  collector."  The  same  procedure  was  then  fol- 
lowed with  respect  to  the  amount  received  and  the  num- 
ber of  bills  issued  by  the  "county  collector."  The  pur- 
pose of  these  operations  was  to  fix  an  average  amount 
for  each  bill  issued  during  the  respective  periods.  To 
estimate  the  total  amount  collected  each  day  during  these 
periods,  the  average  amount  per  bill,  as  determined 
above,  was  then  multiplied  by  the  number  of  bills  issued 
each  day.  These  several  amounts  thus  estimated  as 
having  been  collected  each  day  were  then  set  up  in  the 
"collector's"  cash  account  as  money  received  by  him 
from  day  to  day  throughout  the  respective  periods. 


County  Treasurer  of  Cook  County  65 

For  the  purpose  of  determining  how  nearly  the  fore- 
going estimates  approximated  the  amount  actually  col- 
lected from  day  to  day,  a  test  was  made  on  12  of  the 
general  tax  warrant  books  which  had  been  returned  to 
the  County  Clerk.  The  collections  entered  on  these 
books  were  tabulated  so  as  to  show  the  amount  of  money 
received  each  day.  These  figures  were  then  compared 
with  the  estimates  set  up  by  the  Bureau.  In  every  in- 
stance it  was  found  that  the  actual  collections  from  day 
to  day,  as  shown  on  the  test  books,  were  proportionately 
greater  than  the  estimates  of  the  Bureau.  This,  of 
course,  means  that  more  money  than  the  Bureau  esti- 
mates would  indicate  was  actually  received  by  the  ''col- 
lector" during  the  early  part  of  the  collection  period. 
If  the  figures  on  the  Treasurer's  so-called  ''private" 
records  could  be  examined,  they  would  probably  show 
that  the  interest  earnings  should  have  been  even  greater 
than  the  $281,526.18,  the  amount  computed  by  the  Bu- 
reau on  page  66. 

5.  The  amounts  collected  on  account  of  delinquent 
special  assessments,  other  than  those  received  by  the 
City  of  Chicago,  as  shown  in  the  table  on  page  45,  were 
set  up  in  the  "collector's"  cash  account  as  money  re- 
ceived by  him  on  the  last  day  of  the  respective  periods 
during  which  the  "collector's"  books  showed  the  money 
was  received  by  him.  The  smaller  items  of  special  assess- 
ment receipts  mentioned  on  page  45,  but  not  shown  in 
the  table,  were  set  up  in  the  cash  account  as  money  re- 
ceived on  the  days  when  the  entries  were  made  in  the 
"public"  records. 

After  the  foregoing  estimates  and  adjustments  had 
been  made  with  respect  to  general  tax  and  special  assess- 
ment receipts,  the  "collector's"  cash  balance  at  the  close 


66  Chicago  Bureau  of  Public  Efficiency 

of  each  business  day  throughout  the  year  was  computed 
on  the  basis  of  the  estimated  and  adjusted  entries  made 
in  the  cash  account. 

THE  INTEREST  COMPUTATIONS  OF  THE  BUREAU. 

These  daily  cash  balances  of  the  ''collector"  were  then 
combined  ^vith  the  daily  balances  shown  on  the  ''treas- 
urer's" books.  The  average  daily  combined  balance  for 
each  month  of  the  year  was  then  determined,  and  com- 
pound interest  was  computed  on  these  average  balances 
at  the  rate  of  2-J  per  cent  per  year.  This  is  the  method 
and  the  rate  used  by  the  banks  and  the  City  of  Chicago 
in  computing  interest  on  the  City's  deposits.  The  Bu- 
reau regards  a  rate  of  interest  of  2^  per  cent  as  con- 
servative, inasmuch  as  by  withholding  remittances  from 
the  City  and  other  taxing  bodies  the  Treasurer  was  ap- 
parently able  to  maintain  a  balance  of  $10,000,000  or 
more  continuously  for  a  period  of  more  than  six  months. 

The  aggregate  amount  produced  by  these  computations 
was  $281,526.18,  or  $130,968.79  more  than  the  Treasurer 
paid  over  to  the  County. 

It  is  quite  probable,  however,  that  Treasurer  O'Con- 
nell  should  have  received  and  turned  over  to  the  County 
even  more  than  $281,526.18  as  interest  earned  on  his 
bank  deposits  during  1911.  During  that  year  he  paid 
over  to  the  County  only  $113,063.24  on  account  of  pen- 
alties collected  by  him  on  delinquent  taxes.  If  $113,663.24 
is  all  he  received  in  fact  from  this  source,  then  he  must 
have  collected  prior  to  May  2  more  than  the  amounts 
which  the  Bureau  has  estimated  he  collected  up  to  that 
date.  The  interest,  therefore,  which  he  should  have  re- 
ceived from  his  general  balances  should  have  been  even 


County  Treasurer  of  Cook  County  67 

i^reater  than  $281,526.18,  the  amount  estimated  by  the 
Bureau.  If  he  collected  prior  to  May  2  only  the  amounts 
which  the  Bureau  has  estimated  from  the  records  avail- 
able to  it,  then  he  must  have  received  as  penalties  for 
delinquency  more  than  $113,663.24.  One  of  these  alterna- 
tives is  irresistible.  The  Bureau  believes  that  the  cor- 
rect conclusion  is  that  he  has  not  accounted  by  even 
more  than  $130,000  for  all  of  the  interest  on  general  bal- 
ances which  he  did  receive  or  could  have  received  and, 
in  the  full  discharge  of  his  duty  to  the  public,  he  should 
have  received  and  paid  over  to  the  County. 

The  amount  of  money  handled  by  the  Treasurer  dur- 
ing the  year  1912  was  presumably  greater  than  that  han- 
dled by  him  in  1911.  Notwithstanding  this,  he  tendered 
to  the  County  Board  only  $162,212.53  at  the  close  of  1912. 

The  Bureau  recommends  to  the  County  Board  that  it 
demand  from  Treasurer  0 'Council  a  full  and  complete 
accounting  in  the  matter  of  interest  on  bank  deposits 
and  all  other  fees,  perquisites,  and  emoluments  of  his 
office  and  that,  in  case  of  his  failure  to  make  such  an  ac- 
counting, the  Board  institute  legal  proceedings,  not  only 
to  compel  him  to  render  an  account,  but  to  recover  such 
interest  or  other  fees,  perquisites,  and  emoluments,  if 
any,  as  he  may  have  failed  to  pay  over  to  Cook  County. 


137 


(1)  To  scrutinize 
tiie  eight  local  goye: 

(2)  To  ejtiimine  the 
materials  and  supplies  and 
construction  contracts  in  the 

(3)  To  ex 
governing  bodies 
efBlciency  of  such 

(4)  To  make  cnpiiptuie  st 
p£ovements  in  tlie  ciireCtiQf:^  i^c 
and  3,  and|to  co^opferate  wi 
the  installatibn  of  these  improvt 

(5)  To  furnish  the  public  wi^ 
tion  regarding  public  revenues 
and  thereby  promote  efficiency  nM 
the  public  service. 


iBTRATION 

IE  OFFICE  OF 

iNER  omM)K  COONTY 


REPORT     P  R  E  P  A  Fl  E  D      FOR       I  H  -L 

I::, V  'JUDGES  OF  THE  CIRCUIT  COURT 

BY  THE 
|;i;^/; CHICAGO  BUREAU  OF  PUBLIC  EFFICIENCY 


DECEMBER,  m 


RIO 


Method  of  Preparing"  and  Administerii  ^ 
Cook  County,  Illinois.    January,  1911^ 

ProposedPtirii^se,; of  Voting  JVEachiai^ 
Election  Obmmigsioners  of  the  dityl 
1911. 

Street  Pavement  Laid  In  the  City  of  Chicago : 
Into  Paving  Materials,    Methods   and    Rest 
1911.     (Out  Of  print.) 


te, 


Elec^lysis  of  Water  Pipes  in  the  City  of  Chicago.    July, 
1911.     (Out  of  print.) 

Administration  of  the  Oflace  of  Recorder  of  Cook  County, 
Illinois.    September,  1911. 

A  Pica  for  Publicity  in  the   Office   of   County   Treasurer. 
October,  1911. 

"RepsArmg  Asphalt  Pavement :    Work  done  for  the  City  of 
Chicago  Under  Contract  in  1911.    October,  1911. 

|8    The   Municipal   Court  Acts :     Two  Related  Propositiom 
'  Upon  Which  the  Voters  of  Chicago  Will  Be  Asked  to 

Pass    Judgment    at    the    Election    of    November    7 — 

Vote  No.    October^lLjlflll. 

P©    The  Water 
rjey  H. 

m  Btiufcial 
Assel 
Dec«Stober,  1911. 


%* 


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i 


ADMINISTRATION 

OF  THE  OFFICE  OF 

CORONER  of  COOK  COUNTY 
ILLINOIS 


REPORT        PREPARED        FOR       THE 

JUDGES     OF   THE     CIRCUIT    COURT 

BY  THE 
CHICAGO  BUREAU  OF  PUBLIC  EFFICIENCY 

315  PLYMOUTH  COURT 


CHICAGO  BUREAU 

OF 

PUBLIC  EFFICIENCY 


TRUSTEES 


Julius  Rosenwald,  Chairman 
Alfred   L.    Baker,    Treasurer 

Onward  Bates  Charles  R.  Crane 

Clyde  M.  Carr  Henry  B.  Favill 

George  G.  Tunell  Walter  L.  Fisher 

Charles  E.  Merriam 


Herbert  R.  Sands,  Director 
George  C.  Sikes,   Secretary 

Peter  White,  Fiscal  and  Organization  Counsel 
Harris  S.  Keeler,  Legal  Counsel 


TABLE  OF  CONTENTS. 


LETTEE  OF  TEANSMITTAL    5 

SUMMAKY  AND  CONCLUSIONS  7 

I.     Eeceipts  and  Expenses 7 

II.     Professional  Jurors    7 

in.     Jurors '  Fees  9 

rV.     Unofficial  Clerks 10 

V.     Coroner  Uses   Stenographic   Eeports   of   Testimony  Fur- 
nished by  Public  Service  Corporations 10 

VI.     Use  of  Passes  by  Attaches  of  the  Coroner's  Office 12 

Vn.     Eecords    12 

.      Vin.     The  Coroner  Ought  Not  to  Be  Elective 14 

IX.     The   Coroner 's   Staff    14 

TEXT  OF  EEPOET    17 

Chief  Functions  of  the  Coroner 17 

Organization  of  the  Coroner 's  Office 18 

1.  Deputy  Coroners    19 

2.  Coroner 's  Physicians    20 

3.  Clerks  in  the  Coroner's  Office  and  at  the  County  Morgue.  22 

4.  Eeporters  and  Typists   23 

5.  Deputy  Coroners '   Clerks    24 

Eeceipts  and  Expenses  of  the  Coroner's  Office 26 

1.  Eeceipts   26 

2.  Expenses    28 

Inquest  Fees   29 

Handling  of  Estates   '. 30 

1.  Statutory  Eequirements 30 

2.  Eeeeipt  and  Custody  of  Estates 30 

3.  Disposition  of  Estates   32 

Method  of  Selecting  Jurors 35 

1.  Statutory  Provisions    35 

2.  Selection  of  Jurors  by  Deputy  at  Morgue 35 

3.  Selection  of  Jurors  by  Outside  Deputy  Coroners 39 


11 

Jurors '   Fees    41 

1.  Statutory  Provisions 41 

2.  Method  of  Payment 41 

3.  Traffic   in    Coroner's    Certificates 42 

Stenographic  Reports  of  Testimony  Taken  at  Inquests 46 

1.  Use    of   Transcripts  Furnished   by   Public   Service    Cor- 

porations    46 

2.  Cases  Which  Should  Be  Covered  by  Coroner's  Reporters. .  49 

3.  Number  of  Reporters  Necessary 50 

4.  Recommendations 52 

Records  and  Forms   52 

1.  Financial    52 

2.  Statistical    55 

Preservation  of  Evidence  in  Murder  Cases 58 

Issuing  of  Death  Certificates  by  Coroner's  Physicians 60 

APPENDIX 64 

Tables— 

I.     Possible  Saving  in  Cost  of  Inquests  at  Morgue 64 

11.     Number  of  Times  Deputy  Coroner's  Unofficial  Clerks 

Served  on  Juries   65 

III.  Number  and  Most  Important  Classes  of  Cases  Handled 

by  the  Coroner,  and  Number  Covered  by  Coroner's 
Reporters  66 

IV.  Classes  of  Cases  Which  Should  Be  Covered  by  Coroner's 

Reporters   67 

Chart- 
Organization  Chart,  Showing  Lines  of  Authority  and  Monthly 
Rates  of  Salary. 


I 


LETTER  OF  TRANSMITTAL. 


To  the  Honorable  Judges 

of  the  Circuit  Court  of  Cook  County. 

Gentlemen  : 

The  Chicago  Bureau  of  Pubhc  Efficiency  respectfully  sub- 
mits herewith  a  report  upon  the  office  of  Coroner  of  Cook  County, 
which  report  has  been  prepared  in  accordance  with  your  formal 
action  taken  at  a  meeting  held  February  27th  last,  of  which  action 
the  Bureau  was  advised  by  Judge  Jesse  A.  Baldwin,  as  secretary 
of  the  judges,  in  a  letter  bearing  date  of  March  3,  191 1. 

Respectfully  submitted, 

Chicago  Bureau  of  Public  Efficiency, 

Herbert  R,  Sands, 

Director. 
Chicago,  December,  19 11. 


SUMMARY  AND  CONCLUSIONS. 


I.    RECEIPTS  AND  EXPENSES. 

The  receipts  of  the  Coroner's  office  from  all  sources  for  the 
fiscal  year  1910  were  only  $3,85342.  For  certified  copies, 
$2,903.10  was  collected;  and  for  serving  writs  and  witness  fees, 
$170.32.  The  inquest  fees  collected  amounted  to  only  $780.  The 
number  of  inquests  held  in  191  o  was  4,895.  Fees  were  reported 
collected  in  only  130  cases,  or  2.7  per  cent  of  the  total.  The  fees, 
which  are  $6,  are  supposed  to  be  collected  from  the  estate  of  the 
deceased.  The  amount  of  uncollected  inquest  fees  for  the  year 
1910  was  $28,590. 

The  Coroner  recommends  that  the  law  for  the  collection  of 
inquest  fees  from  the  estates  of  deceased  persons  be  repealed. 
The  Bureau  concurs  in  this  recommendation. 

The  cost  of  administering  the  Coroner's  office  for  the  fiscal 
year  19 10  was  $78,764.20,  which  is  $74,910.78  in  excess  of  the 
fees  collected. 

II.     PROFESSIONAL  JURORS. 

One  of  the  worst  abuses  in  connection  with  the  Coroner's 
office  is  the  "professional"  jury  system.  In  practically  all  of  the 
inquests  held  at  the  county  morgue,  numbering  about  1,000  an- 
nually, "professionals"  constitute  the  juries.  There  are  14  "pro- 
fessional" jurors  who  do  the  jury  service  on  all  but  a  very  small 
percentage  of  the  cases.  Seven  of  the  fourteen  have  served  on 
juries  at  the  morgue  continuously  since  1907  and  some  of  the 
seven  even  longer.  These  "professional"  jurors  serve  on  murder 
and  personal  injury  cases.     Of  six  homicide  cases  at  the  morgue 


8  Chicago   Bureau    of   Public   Efficiency 

in  March  last,  the  juries  in  four  were  composed  of  "profes- 
sionals." During  the  same  month  there  were  six  personal  injury 
cases,  in  which  the  deaths  were  due  to  street  car  and  railroad 
accidents.  The  jurors  in  all  six  cases  were  "professionals."  Not 
only  would  better  results  be  secured,  but  the  county  would  eflfect 
an  annual  saving  of  between  $2,500  and  $3,000  if  the  practice 
were  adopted  of  impaneling  Coroner's  juries  for  service  at  the 
morgue  for  one  or  two  week  periods,  at  the  rate  of  $2.10  a  day 
for  each  juror,  as  is  done  at  the  detention  hospital.  As  a  means 
of  keeping  out  "professionals,"  jurors  might  be  made  ineligible 
for  more  than  two  weeks  of  service  in  a  year.  The  general  as- 
sembly should  be  asked  for  such  legislation,  if  any,  as  may  be  nec- 
essary to  this  end. 

A  large  percentage  of  the  jurors  in  inquest  cases  held  at  other 
places  than  the  morgue  are  also  "professionals,"  many  of  whom 
go  to  the  places  of  inquest  on  notification  from  the  deputy  coro- 
ner or  his  "clerk." 

The  sense  of  justice  is  outraged  at  the  idea  of  having  ver- 
dicts in  murder,  personal  injury  and  other  important  cases  re- 
turned by  "professional"  jurors,  whose  conditions  of  employ- 
ment naturally  make  them  subservient  to  the  deputy  coroner. 
In  personal  injury  cases  the  proper  bringing  out  of  the  facts  at 
the  inquest,  and  the  verdict  of  the  Coroner's  jury,  may  have  much 
to  do  with  enabling  heirs  to  collect  damages  for  the  killing  of 
their  bread-winners. 

As  a  means  of  stamping  out  this  practice,  the  Bureau  recom- 
mends that  no  person  be  eligible  for  service  on  a  Coroner's  jury 
in  inquests  held  outside  the  morgue  more  than  once  in  any  one 
month.  Deputy  coroners  should  be  instructed  to  ascertain 
whether  jurors  have  served  previously  the  same  month  before 
accepting  them. 


Coroner  of  Cook  County 


III.    JURORS'  FEES. 

In  payment  for  their  services,  jurors  receive  Coroner's  cer- 
tificates issued  by  deputy  coroners  at  the  close  of  inquests.  The 
fee  is  $1  per  day  of  service.  When  a  juror  serves  on 
more  than  one  case  in  the  same  day  under  the  practice 
in  vogue  he  is  given  a  voucher  for  $i  for  each  case.  These  cer- 
tificates are  payable  by  the  county  treasurer  when  approved  by 
the  county  comptroller.  In  their  present  form  they  are  not  nego- 
tiable, so  that  the  holder  desiring  to  cash  a  certificate  ordinarily  is 
obliged  to  make  a  trip  to  the  County  Building.  It  is  customary 
for  the  unofficial  "clerks"  representing  the  deputy  coroners  to 
purchase  these  jurors'  certificates  at  the  close  of  inquests  at  the 
rate  of  50  cents  on  the  dollar.  So  extensive  is  this  practice, 
which  is  of  long  standing,  that  practically  all  jurors'  certificates 
are  handled  in  this  manner.  "Professional"  jurors  are  expected, 
as  a  condition  of  their  selection  for  jury  service,  to  sell  their 
certificates  to  representatives  of  the  deputy  coroners.  Under- 
takers and  their  helpers,  who  frequently  serve  on  Coroner's 
juries,  turn  over  their  certificates  without  pay  to  the  "clerks"  of 
the  deputy  coroners.  The  amount  paid  out  by  the  county  for 
Coroner's  jurors'  fees  for  the  fiscal  year  1910  was  $34,474.  It  is 
fair  to  estimate  that  under  the  methods  prevailing  over  half  of 
this  sum,  or  between  $15,000  and  $20,000,  represents  the  profits 
of  the  deputy  coroners  and  those  associated  with  them  in  the 
discounting  operations.  The  net  income  from  this  source  of  the 
deputy  coroner  at  the  morgue  is  supposed  to  be  about  $1,500  a 
year ;  of  the  other  ten  deputies,  $1,000  a  year  each. 

This  practice  of  trafficking  in  jurors'  certificates  by  persons 
connected  with  the  Coroner's  office  is  reprehensible  and  should  be 
stamped  out. 

The  Bureau  recommends :  ( i )  That  approval  of  the  county 
comptroller  as  a  condition  precedent  to  payment  by  the  county 
treasurer  be  dispensed  with  and  that  the  form  of  these  certificates 


10  Chicago  Bureau  of  Public  E-fficiency 

be  so  changed  that  they  will  be  accepted  by  banks  the  same  as 
checks;  (2)  that  employes  or  others  connected  directly  or  indi- 
rectly with  the  Coroner's  office  be  prohibited  from  discounting 
these  certificates.  Permitting  or  condoning  the  practice  here- 
after by  deputy  coroners  should  be  made  cause  for  dismissal  from 
the  service. 

IV.    UNOFFICIAL  CLERKS. 

Each  of  the  ten  deputy  coroners  regularly  assigned  to  outside 
work  has  a  private  clerk.  These  clerks  are  not  paid  by  the 
county  and  have  no  official  status.  They  are  the  personal  selec- 
tions of  the  deputies.  They  render  various  unimportant  services 
of  a  clerical  nature. 

The  clerk  serves  as  a  member  of  the  Coroner's  jury  in  most 
cases,  for  which  he  receives  the  legal  fee  of  $1.  He  ordinarily 
buys  at  50  cents  on  the  dollar  the  certificates  of  the  other  five 
jurors,  netting  $2.50.  A  deputy  sometimes  holds  several  in- 
quests a  day.  It  is  generally  understood  that  the  clerk  turns  over 
the  earnings  from  this  source  to  the  deputy  who  engages  him. 

The  practice  of  allowing  deputies  to  employ  unofficial  personal 
"clerks,"  though  of  long  standing  in  the  Coroner's  office,  is  rep- 
rehensible and  should  be  broken  up.  If  there  is  need  for  clerks, 
they  should  be  regularly  authorized  and  placed  on  the  payroll  of 
the  county.     The  Bureau  does  not  believe  that  they  are  necessary. 

V.    CORONER  USES  STENOGRAPHIC  REPORTS  OF  TESTIMONY  FURNISHED 
BY  PUBLIC  SERVICE  CORPORATIONS. 

The  present  Coroner  is  to  be  commended  for  installing  the 
system  of  shorthand  reporting  of  important  inquest  cases,  and  for 
introducing  phonographs  and  typewriting  machines.  There  is 
ground  for  serious  complaint,  however,  because  in  many  cases 
transcripts  of  testimony  are  supplied  for  the  Coroner's  files  by 
stenographers  in  the  employ  of  public  service  corporations,  that 
are  parties  in  interest. 


Coroner  of  Cook  County  11 

Under  the  old  system,  deputy  coroners  took  the  gist  of  testi- 
mony in  longhand,  read  it  back  to  the  witness,  and  had  him  sign 
it.  This  custom  still  prevails  in  connection  with  inquests  to 
which  reporters  are  not  assigned.  In  1907  an  act  was  passed  by 
the  legislature  under  which  the  Coroner  may  have  testimony  taken 
by  a  shorthand  reporter,  and  the  transcript  filed  with  the  inquest 
papers  as  the  official  record  of  the  testimony.  In  asking  the 
judges  for  an  additional  shorthand  reporter  and  an  additional 
typist  for  191 1,  which  request  was  granted,  the  Coroner  pointed 
out  that  he  was  unable  to  have  the  testimony  in  all  personal  in- 
jury cases  taken  in  shorthand.  In  these  cases,  the  Coroner  said, 
the  corporation  would  be  represented  not  only  by  a  court  reporter 
but  by  a  lawyer. 

Notwithstanding  the  addition  to  the  reporting  force  for  191 1, 
the  practice  of  accepting  for  the  Coroner's  files  transcripts  of 
testimony  furnished  by  interested  corporations,  which  the  Coro- 
ner himself  deprecated,  has  been  continued.  While  the  Coroner 
based  his  request  for  an  additional  reporter  and  an  additional 
typist  on  his  wish  to  avoid  taking  the  transcripts  furnished  by  in- 
terested corporations  in  personal  injury  cases,  an  examination  of 
the  records  shows  that  reporters  were  assigned  to  ordinary  acci- 
dent cases,  while  personal  injury  cases  affecting  public  service 
corporations  were  left  uncovered.  Out  of  253  inquests  affecting 
transportation  companies  held  during  the  six-month  period  ending 
August  31,  191 1,  only  92,  or  36  per  cent.,  were  covered  by  Coro- 
ner's reporters.  For  certain  companies — Chicago  City  Railway; 
Chicago  Railways ;  Chicago  and  Northwestern  Railway ;  and  Chi- 
cago, Milwaukee  and  St.  Paul  Railway — the  percentage  of  cases 
covered  by  Coroner's  reporters  was  even  smaller.  There  appears 
to  be  an  understanding  that  these  four  companies  will  furnish 
copies  of  testimony  taken  by  their  reporters  in  any  cases  to  which 
Coroner's  reporters  are  not  assigned.  The  Coroner  states  that 
the  consent  of  both  parties  is  obtained  before  the  transcript  of 
a  corporation  reporter  is  accepted. 


12  Chicago  Bureau  of  Public  Efficiency 

It  is  the  opinion  of  the  Bureau  that  no  transcripts  of  testi- 
mony should  be  admitted  to  the  files  of  the  Coroner's  office  except 
those  taken  by  reporters  representing  the  Coroner.  When  no 
reporters  can  be  assigned,  resort  should  be  had  to  the  old  system 
of  longhand  reporting.  However,  provision  should  be  made  for 
a  reporting  staflF  sufficient  to  enable  the  Coroner  to  have  all  im- 
portant inquests,  especially  those  involving  murder  and  personal 
injury  cases,  covered  by  shorthand  reporters.  To  that  end,  the 
Bureau  recommends  the  employment  of  another  reporter  for 
the  coming  year,  thus  making  the  force  consist  of  four  reporters 
and  three  typists.  Suggestions  for  the  more  economical  utiliza- 
tion of  the  reporting  force  are  offered  in  the  text  of  this  report 
which  it  is  believed  will  make  the  number  recommended  sufficient 
for  the  purpose.  If  further  experience  shall  demonstrate  the 
need  for  more  reporters  and  typists,  in  order  to  insure  the  proper 
reporting  of  all  important  inquests,  other  additions  to  the  report- 
ing force  should  be  authorized. 

VI.    USE  OF  PASSES  BY  ATTACHES  OF  THE  CORONER'S  OFFICE. 

The  Bureau  believes  that  the  use  by  employes  of  the  Coroner's 
office  of  free  transportation  furnished  by  public  service  corpora- 
tions is  common,  but  it  has  been  unable  to  get  the  precise  facts 
on  the  subject.  It  suggests  that  those  responsible  for  the  official 
supervision  of  the  Coroner's  office  use  their  authority  to  bring  out 
all  the  facts,  to  the  end  that  the  practice  of  using  passes,  if  shown 
to  exist,  may  be  stopped. 

VII.    RECORDS. 

The  present  head  of  the  Coroner's  office  has  made  many  im- 
provements in  records  and  forms,  the  most  important  being  the 
statistical  record,  which  shows  the  number  of  inquests  held  during 
the  month  or  year,  and  the  causes  of  death  in  the  various  classes 
of  cases.     It  also  shows,  among  other  things,   the  number  of 


Coroner  of  Cook  County  13 

deaths  resulting  from  industrial  and  transportation  accidents, 
homicides  and  suicides  and  the  age,  sex,  social  condition  and 
color.  A  report  embodying  practically  all  the  information  con- 
tained in  this  record  is  made  up  annually  for  the  county  board. 
An  annual  report  covering  financial  as  well  as  statistical  informa- 
tion should  be  prepared  by  the  Coroner,  for  the  publication  of 
which  in  pamphlet  form  provision  should  be  made  by  the  county 
board. 

The  present  Coroner  is  deserving  of  credit  for  the  installation 
of  a  system  for  keeping  records  of  facts  and  for  filing  evidence, 
such  as  bullets,  in  connection  with  murder  cases.  He  has  pro- 
vided printed  manikins  upon  which  Coroner's  physicians  mark 
the  location  of  wounds,  in  cases  of  bullet  wounds  the  points  of 
entry  and  exit  being  shown. 

A  fundamental  weakness  in  the  operation  of  this  system  is 
that  the  Coroner's  physicians  do  not  always  turn  in  promptly 
such  evidence  as  bullets  taken  from  bodies.  In  fact,  evidence 
usually  comes  in  covering  several  cases  at  a  time  and  sometimes 
two  weeks  after  the  holding  of  autopsies.  It  is  recommended 
that  Coroner's  physicians  be  required  to  turn  in  evidence  in  mur- 
der cases  to  the  Coroner's  office  not  later  than  the  day  following 
the  autopsy. 

On  account  of  the  lack  of  a  comprehensive  reference  index, 
the  files  of  the  Coroner's  office  are  not  readily  accessible,  except 
for  cases  in  which  the  approximate  date  of  the  death  is  known. 
A  card  index  file  should  be  installed. 

The  Coroner's  physician  at  the  morgue.  Dr.  Le  Count,  has 
developed  for  his  own  use  a  system  of  keeping  records  of  post- 
mortem examinations  that  reflects  credit  upon  himself  and  the 
office  to  which  he  is  attached.  This  physician  dictates  to  a  sten- 
ographer as  he  proceeds,  describing  his  operations  on  the  body 
and  just  what  he  finds.  The  transcribed  notes  are  available  for 
use  later  when  testimony  may  be  required  at  a  criminal  trial  or 


14  Chicago   Bureau   of  Public  Efficiency 

for  other  purposes.  Incidentally,  accumulated  records  of  this 
kind  will  have  much  value  for  the  medical  profession.  The 
physician  of  course  cannot  make  notes  himself  while  engaged  in 
the  act  of  performing  an  autopsy,  and  after  the  operation  is  over 
many  important  details  will  have  slipped  from  the  mind.  Dr. 
Le  Count  employs  on  the  piece  basis  such  stenographic  assistance 
as  he  has  had  up  to  date. 

In  certain  classes  of  cases  Coroner's  physicians,  after  inquiry, 
issue  death  certificates  without  inquests.  There  is  nothing  which 
shows  the  extent  and  thoroughness  of  the  physician's  investiga- 
tion, the  number,  names  and  addresses  of  the  witnesses  inter- 
rogated and  the  facts  brought  out  on  which  the  findings  were 
based  and  the  action  in  dispensing  with  the  inquest  justified. 
When  Dr.  Hektoen  was  Coroner's  physician,  from  1890  to  1894, 
an  "investigation  record"  was  kept  giving  facts  of  this  nature,  but 
it  has  been  discontinued.  The  keeping  of  records  of  this  kind 
should  be  resumed. 

VIII.    THE  CORONER  OUGHT  NOT  TO  BE  ELECTIVE. 

The  Coroner  ought  not  to  be  an  elective  oflficial.  Some  cities 
have  done  away  with  coroners  and  coroner's  juries  and  have 
made  provision  instead  for  preliminary  investigation  by  medical 
inspectors  of  the  classes  of  cases  now  handled  by  the  coroner. 

IX.    THE  CORONER'S  STAFF. 

The  staff  of  the  Coroner  of  Cook  County  for  the  year  191 1 
numbered  26,  classified  as  follows:  i  chief  deputy  coroner;  11 
deputy  coroners ;  3  coroner's  physicians ;  5  clerks ;  a  stenographic 
force  consisting  of  3  reporters  and  3  typists.  In  accordance  with 
the  new  civil  service  law  that  became  operative  July  ist  last,  these 
employes  are  all  included  within  the  classified  service,  with  the 
exception  of  the  chief  deputy  coroner,  chief  physician,  and  one 
clerk,  who  acts  as  private  secretary  to  the  Coroner.     In  addition. 


Coroner  of  Cook  County  15 

a  night  watchman  and  a  janitor,  carried  on  the  payroll  of  the 
county  hospital,  are  assigned  to  duty  at  the  morgue  and  work 
under  the  direction  of  the  Coroner.  Three  policemen  are  as- 
signed by  the  city  to  the  service  of  the  Coroner,  without  charge 
to  the  county. 

In  the  absence  of  service  records  showing  the  amount  of  work 
performed  by  each  deputy  coroner,  it  is  impossible  to  tell  whether 
or  not  a  smaller  number  of  deputies  would  suffice,  although  the 
fact  that  for  17  months  prior  to  June,  191 1,  when  one  deputy  was 
incapacitated  for  holding  inquests,  10  deputies  did  the  work  in- 
dicates that  the  present  number  is  too  large.  Daily  time  reports 
and  service  records  should  be  required,  so  that  at  the  end  of  an- 
other year  the  authorizing  and  appropriating  bodies  may  have  a 
better  understanding  of  the  needs  of  the  office.  The  Bureau 
recommends  that  another  reporter  be  added  to  the  stenographic 
force  for  reporting  inquests.  In  another  part  of  this  report  it  is 
recommended  that  the  ten  unofficial  "clerks"  be  dispensed  with. 


ADMINISTRATION 

OF  THE  OFFICE  OF 

Coroner  of  Cook  County. 


CHIEF  FUNCTIONS  OF  THE  CORONER. 

The  Coroner  is  elected  by  the  people  for  a  term  of  four 
years  and  receives  an  annual  salary  of  $5,000.  He  is  commis- 
sioned by  the  governor  upon  the  certification  of  the  county 
clerk  of  his  election,  filing  of  bond  and  taking  the  oath  of 
office.  He  is  required  to  give  bond  in  the  sum  of  $15,000. 
Under  the  provisions  of  an  act  passed  by  the  general  assembly 
in  1909,  coroners  hereafter  elected  vs^ill  receive  $9,000  a  year. 

The  most  important  function  of  the  Coroner  is  to  hold 
inquests  over  the  bodies  of  persons  supposed  to  have  come  to 
their  deaths  by  violence,  casualty,  or  any  undue  means,  for 
the  purpose  of  inquiring  into  the  cause  and  manner  of  death. 

The  following  extracts  from  the  revised  statutes  of  Illi- 
nois define  the  principal  powers  and  duties  of  the  Coroner: 

Conservator  of  the  Peace.  "Each  Coroner  shall  be  conservator 
of  the  peace  in  his  county,  and,  in  the  performance  of  his  duties  as 
such,  shall  have  the  same  powers  as  the  sheriff."    Ch.  31,  Sec.  6. 

When  Acts  as  Sheriff.  'MVhen  it  appears  from  the  papers  in  a 
case  that  the  sheriff  or  his  deputy  is  a  party  thereto,  or  from  affidavit 
filed  that  he  is  interested  therein,  or  is  of  kin,  or  partial  to  or  prejudiced 
against  either  party,  the  summons,  execution,  or  other  process  may  be 
directed  to  the  coroner,  who  shall  perform  all  the  duties  in  relation  there- 
to, and  attend  to  the  suit  in  like  manner  as  if  he  were  sheriff;  and  the 
interests,  consanguinity,  partiality,  or  prejudice  of  the  sheriff  shall  not 
be  cause  for  a  change  of  venue." 

"Where  the  office  of  the  sheriff  is  vacant,  the  Coroner  of  the  county 
shall  perform  all  the  duties  required  by  law  to  be  performed  by  the 
sheriff,  and  have  the  same  powers,  and  be  liable  to  the  same  penalties 
and  proceedings,  as  if  he  were  sheriff,  until  another  sheriff  is  elected  or 
appointed  and  qualified."     Ch.  31,  Sees.  7  and  9. 


18  Chicago  Bureau  of  Public  Efficiency 

To  Take  Charge  of  Body — Jury.  "Every  Coroner,  whenever  and 
as  soon  as  he  knows  or  is  informed  that  the  dead  body  of  any  person  is 
found  or  lying  within  his  county,  supposed  to  have  come  to  his  or  her 
death  by  violence,  casualty,  or  any  undue  means,  he  shall  repair  to  the 
place  where  the  dead  body  is  and  take  charge  of  the  same  and  forthwith 
summon  a  jury  of  six  good  and  lawful  men  of  the  neighborhood  where 
the  body  is  found  or  lying,  to  assemble  at  the  place  where  the  body  is,  at 
such  time  as  he  shall  direct,  and  upon  view  of  the  body  to  inquire  into 
the  cause  and  manner  of  the  death."    Ch.  31,  See.  10. 

Inquest  Record  Must  Be  Kept.  "Every  Coroner  shall,  at  the  ex- 
pense of  the  county,  be  supplied  with  proper  record  books,  wherein  he 
shall  enter  the  name,  if  known,  of  each  person  upon  whose  body  an  inquest 
shall  be  held,  together  with  the  names  of  the  jurors  comprising  the  jury, 
the  names,  residences  and  occupations  of  the  witnesses  who  are  sworn  and 
examined,  and  the  verdict  of  the  jury;  in  case  the  name  of  the  person 
deceased  is  not  known,  the  Coroner  shall  make  out  a  description  of  said 
person,  and  enter  the  same  upon  the  record  book  to  be  so  kept  by  him, 
together  with  all  such  facts  and  circumstances  attending  the  death  which 
may  be  known  and  which  may  lead  to  the  identification  of  the  person; 
and  shall  carefully  take  an  inventory  of  said  person's  personal  effects 
and  property  of  every  kind  and  nature  whatever,  and  state  on  his  rec- 
ords what  has  been  done  with  the  same,  and  where  the  proceeds  of  any 
such  property  and  the  money  and  papers,  if  any,  are  deposited."  Ch.  31, 
Sec.  19. 

Disposition  of  Property.  "When  any  valuable  personal  property, 
money  or  papers  are  found  upon  or  near  the  body  upon  which  an  in- 
quest is  held,  the  Coroner  shall  take  charge  of  the  same  and  deliver  the 
same  to  those  entitled  to  its  care  or  possession;  but  if  not  claimed,  or  if 
the  same  shall  be  necessary  to  defray  the  expenses  of  the  burial,  the 
Coroner  shall,  after  giving  ten  days'  notice  of  the  time  and  place  of  sale, 
sell  such  property,  and  after  deducting  Coroner's  fees  and  funeral  ex- 
penses, deposit  the  proceeds  thereof,  and  the  money  and  papers  so  found, 
with  the  county  treasurer,  taking  his  receipt  therefor,  there  to  remain 
subject  to  the  order  of  the  legal  representatives  of  the  deceased  if  claimed 
within  five  years  thereafter,  or  if  not  claimed  within  that  time,  to  vest  in 
the  county."     Ch.  31,  Sec.  20. 

ORGANIZATION  OF  THE  CORONER'S  OFFICE. 

The  number  of  employes  fixed  by  the  judges  of  the  circuit 
court  to  assist  the  Coroner  in  the  conduct  of  his  office  for  the 
year  1911  is  26.  This  staff  consists  of  1  chief  deputy  coroner, 
11  deputy  coroners,  3  physicians,  5  clerks,  and  a  stenographic 
force  consisting  of  3  reporters  and  3  typists.  In  accord- 
ance with  a  law  passed  by  the  last  general  assembly,  which 
went  into  effect  July  1,  1911,  all. of  these  employes  are  now 
under  civil  service,  with  the  exception  of  the  chief  deputy 
coroner,  chief  physician,  and  one  clerk  who  acts  as  private 
secretary  to  the  Coroner. 


Coroner  of  Cook  County  19 

In  addition  to  the  above,  there  are  three  policemen  as- 
signed by  the  city  police  department  to  work  under  instruc- 
tions of  the  Coroner.  They  are  paid  by  the  city  and  receive 
no  compensation  from  the  county.  There  are  also  two  men, 
viz.,  a  night  watchman  and  a  janitor,  assigned  to  duty  at  the 
county  morgue  by  the  Cook  County  Hospital  who  work  under 
the  direction  of  the  Coroner.  They  are  on  the  hospital  pay- 
roll and  receive  no  compensation  through  the  Coroner's  office. 
These  are  all  the  employes  working  under  the  supervision  of 
the  Coroner  who  receive  a  stipulated  salary  which  is  paid 
either  by  the  county  or  city.  However,  each  of  the  ten  depu- 
ty coroners  regularly  assigned  to  outside  work  (which  includes 
all  except  the  chief  deputy  and  the  deputy  stationed  at  the 
morgue)  has  a  private  clerk.  These  ten  clerks  have  no  official 
status.  They  are  compensated  in  a  manner  hereinafter  ex- 
plained. 

For  more  detailed  information  in  regard  to  the  organiza- 
tion of  the  staff,  lines  of  authority,  and  salaries  of  the  various 
employes,  attention  is  directed  to  the  organization  chart  ap- 
pearing in  the  appendix  to  this  report. 

The  different  classes  of  employes  will  now  be  taken  up 
seriatim,  in  the  order  previously  enumerated. 

I.    DEPUTY  CORONERS. 

Prior  to  July  1,  1911,  when  the  new  county  civil  service 
law  went  into  effect,  deputy  coroners  were  appointed  by  the 
Coroner.  "With  the  exception  of  the  chief  deputy,  they  are 
all  now  under  civil  service.  The  number  of  deputies  is  de- 
termined by  the  judges  of  the  circuit  court.  Their  compen- 
sation, however,  is  fixed  by  the  county  board. 

Besides  the  chief  deputy  coroner,  whose  salary  is  $3,000, 
there  are  eleven  deputy  coroners  who  receive  an  annual  sal- 
ary of  $1,500  each.  The  chief  deputy  has  charge  of  the  office 
and  of  the  routing  of  the  other  deputies.     The  only  duties  of 


20  Chicago  Bureau  of  Public  Efficiency 

the  eleven  deputy  coroners  are  to  hold  inquests  and 
to  receive  personal  property  found  on  the  bodies  of  de- 
ceased persons.  One  deputj^  is  assigned  to  duty  continuously 
at  the  Cook  county  morgue;  the  remaining  ten  work  out  of 
the  Coroner's  office,  receiving  their  assignments  daily  from 
the  chief  deputy  coroner. 

The  only  information  obtainable  in  the  Coroner's  office 
which  would  indicate  the  ainount  of  work  performed  by  the 
deputy  coroners  is  the  ''daily  and  monthly  record  of  the  num- 
ber of  inquests  to  which  deputy  coroners  are  assigned."  Depu- 
ty coroners  are  not  required  to  make  daily  time  reports  show- 
ing time  worked  and  record  of  work  performed.  In  the  ab- 
sence of  such  records  from  which  to  determine  the  average 
time  consumed  in  holding  inquests,  it  is  impossible  to  ascer- 
tain whether  the  number  of  deputies  is  larger  than  necessary. 

The  records,  however^  show  that  from  January,  1910,  until 
June,  1911 — a  period  of  17  months — the  work  was  performed 
by  10  deputies.  There  were  11  on  the  payroll  as  at  present,  but 
one  was  incapacitated  for  the  work  of  holding  inquests  and 
was  assigned  to  duty  in  the  office. 

Out  of  the  deputy  coroner's  monthly  salary  of  $125,  he  is 
supposed  to  pay  his  traveling  expenses  to  and  from  inquests, 
which  amount  to  between  $10  and  $15  per  month,  and  he  is 
compelled  to  give  a  bond  of  $15,000,  which  costs  about  $3 
per  month.  If  he  did  not  accept  transportation  from  public 
service  corporations,  he  would  net  out  of  his  salary  only  about 
$110  per  month. 

2.    CORONER'S  PHYSICIANS. 

There  are  throe  physicians  connected  with  the  Coroner's 
office.  The  chief  physician  is  appointed  by  the  Coroner  and 
receives  a  salary  of  $2,500.  Two  are  under  civil  service.  Each 
receives  a  salary  of  $2,100.  Their  principal  duty  is  to  make 
post    mortem'    examinations    in    cases    to    which    they    have 


Coroner  of  Cook  County  21 

been  assigned  by  the  Coroner  or  his  chief  deputy.  Physicians 
are  assigned  to  all  murder,  suicide,  and  drowning  cases,  to 
accident  cases  where  death  ensues  immediately,  to  cases  where 
there  are  suspicious  circumstances  surrounding  the  death  and 
to  cases  of  sudden  death  where  no  physician  had  been  in  at- 
tendance within  48  hours  prior  to  death. 

The  territory  of  the  county  is  divided  into  two  districts; 
one  covering  the  territory  on  the  north  and  west  sides  of  the 
city  (the  Chicago  river  being  the  boundary  line)  and  country 
towns  adjacent;  the  other  covering  the  territory  south  and 
east  of  the  Chicago  river,  and  country  towns  adjacent.  The 
chief  physician  is  the  chief  medical  advisor  to  the  Coroner  and 
is  assigned  to  the  territory  in  the  north  and  west  divisions. 
He  makes  his  headquarters  at  the  county  morgue  where  he  has 
an  office.  Another  physician  is  assigned  to  the  district  south 
and  east  of  the  Chicago  river.  The  third  is  assigned  to  duty 
at  the  county  morgue. 

A  physician  precedes  the  deputy,  makes  his  findings,  and 
leaves  a  "statement  of  post  mortem  findings"  in  a  sealed 
envelope  with  the  undertaker  or  person  who  has  charge  of 
the  body,  who  gives  it  to  the  deputy  coroner  when  he  arrives 
to  hold  the  inquest.  Each  physician  is  on  duty,  i.  e.,  subject 
to  call,  every  third  Sunday  to  handle  cases  of  sudden  death 
where  it  is  desired  to  ship  the  body  at  once.  Thus  there  is 
one  physician  on  duty  each  Sunday.  The  territory  on  Sunday 
covers  the  entire  county.  In  Sunday  cases  the  physician  has 
power,  on  instruction  of  the  Coroner  or  his  chief  deputy,  to 
impanel  a  jury.  After  making  the  post  mortem  examina- 
tion, he  has  authority  to  issue  a  certificate  "inquest  pending," 
upon  receipt  of  which  the  health  department  will  issue  a 
permit  giving  authority  to  ship  the  body.  Physicians  have 
no  authority  to  hold  inquests.  They  are  held  later  by  deputy 
coroners.  One  of  the  most  important  powers  delegated  to  the 
physicians  is  that  of  dispensing  with  inquests  in  certain  classes 


22  Chicago  Bureau  of  Public  Efficiency 

of  cases  and  issuing  death  certificates  based  upon  their  per- 
sonal investigation.  This  subject  will  be  discussed  later  under 
the  head  of  "Issuing  of  Death  Certificates  by  Coroner's  Physi- 
cians." 

In  regard  to  the  volume  of  "vvork  performed  by  the  physi- 
cians, the  same  problems  are  presented  as  in  the  case  of  depu- 
ty coroners.  While  a  record  is  kept  which  shows  the  num- 
ber of  post  mortem  examinations  made  and  certificates  of 
death  issued  by  each  physician  monthly,  they  are  not  required 
to  make  daily  time  reports  showing  the  time  actually  spent 
in  the  service  of  the  Coroner.  In  the  absence  of  such  records 
there  is  no  means  of  determining  definitely  how  much  time 
they  devote  to  the  service  of  the  county.  The  two  physicians 
who  do  outside  work,  however,  are  supposed  to  give  their 
entire  time  to  the  work  of  the  Coroner.  We  are  informed 
that  their  private  practice  is  small  and  that  they  do  not  permit 
it  to  interfere  with  their  services  to  the  county.  The  physician 
who  is  stationed  at  the  county  morgue,  however,  spends  an 
average  of  only  about  four  hours  per  day  in  the  service  of 
the  county.  This  is  in  accordance  with  an  agreement  entered 
into  with  the  Coroner  prior  to  his  acceptance  of  the  position. 
His  daily  work  is  completed  when  he  makes  the  post  mortem 
examinations  of  morgue  cases  and  records  his  findings.  He 
is  subject  to  call,  however,  every  third  Sunday.  This  phy- 
sician is  a  professor  of  pathology  in  a  large  medical  college, 
stands  high  in  the  profession  and  is  a  recognized  expert 
pathologist.  If  he  were  required  to  give  his  entire  time  to 
the  work  of  the  Coroner,  his  services  would  not  be  available. 

The  traveling  expenses  of  Coroner's  physicians  are  not 
paid  by  the  county. 

3.  CLERKS  IN  THE  CORONER'S  OFFICE  AND  AT  THE  COUNTY  MORGUE. 

There  are  three  clerks  who  work  in  the  Coroner's  office. 
Their  titles  and  duties  are  as  follows: 


Coroner  of  Co  oh  County  23 

Clerk  and  Stenographer:  This  clerk  is  the  Coroner's  con- 
fidential clerk  or  secretary.  He  also  makes  out  certified 
copies,  keeps  the  statistical  record,  and  assists  the  chief  deputy 
in  various  ways. 

Record  Clerk:  The  record  clerk  keeps  the  inquest  rec- 
ord, and  receives  estates  of  deceased  persons  when  turned  in 
by  the  deputies. 

Vault  Clerk:  The  vault  clerk  looks  after  the  vaults  and 
also  acts  as  a  messenger. 

There  are  two  clerks  on  the  Coroner's  payroll  who  work 
at  the  Cook  county  morgue.  Their  titles  and  duties  are  as 
follows : 

Morgue  Clerk:  The  morgue  clerk  assists  the  deputy 
coroner  in  the  preparation  of  inquest  papers,  and  keeps  the 
"verdict"  book  and  the  morgue  "unknown  record." 

Morguekeeper :  The  morguekeeper  is  the  actual  custodian 
of  bodies  brought  to  the  morgue.  He  also  keeps  the  "morgue 
record,"  which  contains  a  record  of  all  bodies  brought  to  the 
morgue  and  shows  what  disposition  is  made  of  them. 

All  the  clerks,  with  the  exception  of  the  clerk  and  stenog- 
rapher, are  under  civil  service.  The  clerk  and  stenographer 
and  the  record  clerk — the  only  clerks  who  handle  money — 
are  bonded  in  the  sum  of  $3,000  each.  The  salary  of  the  clerk 
and  stenographer  is  $1,200;  that  of  the  other  clerks,  $1,000 
each. 

While  the  clerks  are  not  ov^erworked,  it  seems  necessary 
to  have  a  man  in  each  of  these  positions. 

4.    REPORTERS  AND  TYPISTS. 

The  reporting  staff  in  the  Coroner's  office  consists  of  three 
reporters  and  three  typists.  The  salary  of  a  reporter  is  $1,800 ; 
of  a  typist,  $1,200.  Reporters  are  assigned  to  cases  where  it 
is  desired  to  have  a  verbatim  report  of  testimony  taken  at 


24  Chicago  Bureau  of  Public  Efficiency 

inquests.  Such  cases  are  those  where  the  Coroner  has  reason 
to  think  there  may  be  a  criminal  or  civil  liability,  and  there- 
fore include  murder  and  personal  injury  cases.  Assignments 
arc  made  by  the  chief  deputy  coroner. 

The  reporters  and  typists  work  in  pairs,  each  reporter 
having  a  typist  assigned  to  him  to  transcribe  the  testimony 
in  cases  which  he  has  covered.  The  reporter,  after  taking  the 
testimony  in  shorthand  at  the  inquest,  returns  to  the  Coroner's 
office  and  dictates  his  notes  into  a  phonograph.  His  typist 
transcribes  the  testimony  from  the  phonographic  record.  The 
reporters  average  between  30  and  35  cases  per  month,  and  the 
typists  average  from  5  to  9  pages  per  hour,  based  on  a  5-hour 
working  day. 

Neither  the  reporters  nor  typists  are  required  to  make 
daily  time  reports  showing  the  time  actually  spent  in  the  per- 
formance of  their  duties.  It  is  probable  that,  if  the  respective 
typists  were  not  limited  in  their  work  to  writing  up 
the  cases  of  any  one  reporter  two  typists  would  be 
sufficient  to  transcribe  the  work  of  the  three  reporters.  If 
the  number  of  reporters  is  not  to  be  increased,  it  would  seem 
that  one  of  the  typists  might  be  transferred  to  some  other 
department  in  the  county  service. 

It  is  the  opinion  of  the  Bureau  that  the  present  reporting 
staff  should  be  increased.  This  phase  of  the  subject,  however, 
is  hereafter  discussed  in  this  report  under  the  head  "Steno- 
graphic Reports  of  Testimony  Taken  at  Inquests." 

5.    DEPUTY  CORONERS'  CLERKS. 

As  previously  stated,  each  of  the  ten  deputy  coroners  regu- 
larly assigned  to  outside  work  has  a  private  clerk.  These 
clerks  have  no  official  status.  They  are  employed  by  the  depu- 
ties and  the  amount  of  their  compensation  and  the  methods  of 
securing  it  depend  upon  their  personal  agreements  with  the 


Coroner  of  Cook  County  25 

deputies.  Their  duties  are  in  general  the  same,  but  vary  in 
details  to  conform  with  the  wishes  of  the  individual  deputies. 
The  clerk  carries  the  deputy's  bag,  containing  blank  in- 
quest forms,  to  and  from  inquests.  He  usually  precedes  the 
deputy  to  the  place  where  the  inquest  is  to  be  held  and  secures 
the  jury,  so  that  upon  the  arrival  of  the  deputy  the  inquest 
can  proceed  without  delay.  He  sits  at  the  table  with  the 
deputy  and  assists  him  in  filling  out  the  various  inquest  forms, 
such  as  the  jury  list.  Coroner's  certificates,  witness  blank, 
certificate  of  death,  and  in  some  instances  he  makes  notes  of 
the  testimony  on  statement  blanks. 

The  two  most  important  duties  of  the  clerk,  however,  are 
to  serve  on  the  jury  and  to  buy  the  Coroner's  certificates  (jur- 
ors' pay  vouchers)  of  the  remaining  five  jurors.  The  pay  of  a 
Coroner's  juror  is  $1.  We  are  informed  that  the  maximum 
amount  paid  the  jurors  by  the  clerks  for  their  certificates  is 
50  cents  on  the  dollar  and  the  clerks  succeed  in  buying  prac- 
tically all  of  the  certificates.  The  net  income,  therefore,  on 
nearly  every  inquest  is  at  least  $2.50,  in  addition  to  the  $1 
which  the  clerk  receives  for  his  own  services  as  a  juror.  In 
many  cases,  however,  undertakers  and  their  employes  serve 
on  juries  and  when  they  do  they  give  their  vouchers  to  the 
clerk  without  any  compensation  whatever.  In  such  cases  it 
is  not  an  uncommon  occurrence  to  make  a  net  profit  of  from 
$3.50  to  $4  on  an  inquest. 

The  Bureau  is  informed  that  the  clerks  receive  no  stated 
salaries,  but  the  $1  which  they  receive  for  serving  as  jurors 
is  considered  part  of  their  compensation.  What  they  receive 
in  addition  to  this  depends  upon  their  individual  agreements 
with  the  deputies.  How  the  profit  from  the  purchase  of  the 
certificates  is  divided  and  who  are  the  beneficiaries  outside  of 
the  deputy  coroners,  the  Bureau  has  no  means  of  determining. 
The  extent  to  which  this  practice  obtains  will  be  shown  in 
another  portion  of  this  report.     The  subject  is  merely  men- 


26  Chicago  Bureau  of  Public  Efficiency 

tioned  here  incidentally  to  show  the  methods  by  which  the 
clerks  obtain  their  compensation. 

Permiting  clerks  to  sit  on  Coroner's  juries  and  to  de- 
prive the  other  jurors  of  one-half  of  the  small  compensation 
which  they  are  supposed  to  receive — for  that  in  effect  is  what  it 
amounts  to  in  many  cases — are  two  of  the  most  reprehensible 
practices  which  obtain  in  connection  with  the  conduct  of  the 
Coroner's  office.  The  Bureau  recommends  in  the  most  em- 
phatic manner  that  they  be  discontinued. 

If  clerks  are  necessary  in  connection  with  the  work  of 
deputy  coroners — and  the  Bureau  does  not  believe  that  they 
are — they  should  be  placed  on  the  payroll  of  the  county  at 
stipulated  salaries. 

RECEIPTS  AND  EXPENSES  OF  THE  CORONER'S  OFFICE. 


1.    RECEIPTS. 
Fees  for  holding  inquests,  from  the  sale  of  certified  copies, 
for  serving  writs  and  for  appearing  in  court  with  records  rep- 
resent the  four  sources  of  income  of  the  Coroner's  office.    The 
charges  made  for  these  services  are  as  follows : 

1.  Inquest  fees,  $6. 

2.  Certified  copies : 

(a)  Copy  of  testimony    per    page — longhand,    25c; 
typewritten,  50c. 

(b)  Copy  of  doctor's  findings — longhand,  25c;  type- 
written, 50c. 

(c)  Copy  of  verdict — $1. 

3.  Writs  served,  50c  to  $1.75,  plus  mileage  to  and  from. 

4.  Witness  fees  for  appearing  in  court  with  Coroner's 
records,  $1.10. 

The  total  receipts  from  these  sources  for  the  past  12  years 
are  as  follows : 


Coroner  of  Cook  County  27 

Inquest  Certified     Writs  Served  and 

Year.  Fees.  Copies.  Witness  Fees.  Total. 

1899   $270  $160.25  $296.70  $726.95 

1900  702  258.00  119.75  1,079.75 

1901  840  260.00  164.15  1,264.15 

1902  636  488.25  230.70  1,354.95 

1903  708  636.00  170.15  1,514.15 

1904  582  766.75  171.20  1,519.95 

1905  984  699.35  119.60  1,802.95 

1906  894  1,694.10  169.05  2,757.15 

1907   1,536  2,290.50  117.15  3,943.65 

1908   1,140  2,309.60  211.20  3,660.80 

1909    840  2,393.10  169.80  3,402.90 

1910  780  2,903.10  170.32  3,853.42 

Totals  ...$9,912  $14,859.00  $2,109.77  $26,880.77 
The  present  Coroner  came  into  office  in  1905.  During  the 
first  six  years  of  his  administration  as  compared  with  the  pre- 
ceding six  years  there  was  an  increase  of  more  than 
150  per  cent,  in  the  total  receipts  of  the  office.  The 
major  portion  of  this  increase  was  from  the  sale  of  certified 
copies  and  is  probably  due  to  the  increased  demand  for  certified 
copies  in  cases  where  the  files  contain  the  verbatim  reports  of 
the  testimony  as  taken  by  the  Coroner's  reporters.  (His  pre- 
decessors had  no  reporting  staff.)  There  has  been  a  small 
decrease  in  the  receipts  covering  charges  for  serving  of  writs 
and  a  small  increase  in  the  collection  of  inquest  fees. 

The  cash  received  daily  from  the  above  mentioned  sources 
is  deposited  at  irregular  intervals  of  about  once  a  month 
(usually  between  the  1st  and  the  10th)  to  the  credit  of  the 
Coroner  in  the  Desplaines  State  Bank.  The  Coroner  makes  a 
daily  report  of  the  receipts  of  his  office  to  the  county  auditor 
and  at  the  end  of  the  month  renders  a  monthly  summary  which 
also  gives  the  daily  collections  and  the  total  collections  for  the 
month.  The  auditor,  after  checking  the  daily  reports  with 
the  Coroner's  "monthly  summary,"  issues  a  "bill  or  collection 
warrant"  on  the  Coroner  for  the  total  amount  of  the  month's 
collections.     The  Coroner  thereupon  draws  a  check  for  the 


28  Chicago  Bureau   of  Public  Efficiency 

amount  on  the  above  mentioned  bank  payable  to  the  county- 
treasurer  and  remits  to  the  county  clerk. 

2.    EXPENSES. 

The  cost  of  administration  of  the  Coroner's  office  for  the 
fiscal  year  1910  as  shown  by  the  charges  against  the  appropria- 
tions made  by  the  county  board  was  as  follows : 

Salaries    $41,453.10 

Jurors'  fees 34,474.00 

Supplies    1,178.02 

Chemical  analyses 1,027.50 

Incidental  expenses 631.58 


Total    $78,764.20 

Less  fees  collected 3,853.42 


Net  cost  of  administration $74,910.78 

The  appropriations  for  salaries  and  the  various  expense 
funds  (exclusive  of  jurors'  fees  which  is  included  in  a  $250,000 
appropriation  to  cover  all  county  jury  services)  for  the  years 
1910  and  1911  are  as  follows: 

1910.  1911.        Increase. 

Salary   $42,100  $45,400  $3,300 

Supply    1,500  1,500           

Chemical  analysis  .  .     1,000  2,000  1,000 

Incidental   expense..       500  1,000  500 


Totals    $45,100        $49,900        $4,800 

Estimating  the  cost  of  jurors'  fees  and  the  collection  of 
fees  to  be  about  the  same  as  in  1910,  the  cost  of  administra- 
tion for  1911  should  be  approximately  $80,000. 

The  $3,300  increase  in  salaries  was  due  to  the  addition  to 
the  reporting  force  of  one  reporter  at  $1,800  and  one  typist  at 
$1,200  and  to  increases  of  $100  each  in  the  salaries  of  three 
clerks. 


Coroner  of  Cook  County 


29 


Of  the  $34,474  paid  out  by  the  county  treasurer  for  jur- 
ors' fees,  less  than  $20,000  was  actually  received  by  the  jurors. 
The  balance,  or  approximately  $15,000,  represents  the  net 
profits  made  by  the  deputy  coroners,  who  personally  or  through 
their  clerks  purchased  the  Coroner's  certificates  from  the 
jurors. 

INQUEST  FEES. 

Under  the  statute  the  Coroner  is  entitled  to  a  fee  of  $5  for 
holding  each  inquest  and  of  $1  for  summoning  each  jury,  mak- 
ing a  total  of  $6  for  inquest  fees.  It  is  his  duty  to  collect  such 
fees  from  the  estates  of  deceased  persons  when  possible ;  other- 
wise the  county  is  liable  therefor.  The  provision  requiring  the 
collection  of  inquest  fees  from  estates  has  never  found  favor 
with  Cook  County  Coroners.  No  systematic  effort  to  collect 
such  fees  has  been  made.  Moreover,  in  most  instances,  when 
collections  have  been  made,  relatives  of  deceased  persons,  rather 
than  their  estates,  have  been  called  upon  to  pay.  During  the 
twelve  years  ending  November  30,  1910,  collections  were  made 
in  but  1,652  out  of  a  total  of  44,754  cases,  or  in  about 
3.7  per  cent,  of  those  cases  in  which  inquests  were  held.  The 
fees  collected  amounted  to  only  $9,912.  The  figures  covering 
that  period  are  given  in  detail  in  the  following  table : 


No.  of  In- 
Year.  quests  Held. 

1899  2,774 

1900  2,855 

1901  2,996 

1902  3,166 

1903  3,748 

1904  3,821 

1905  3,482 

1906  3,962 

1907  4,237 

1908  4,214 

1909  4,604 

1910  4,895 

Totals  44,754 


No.  of 

Per  Cent. 

Amount  of 

Inquest  Fees 

of  Fees 

Inquest  Fees 

Collected. 

Collected. 

Collected. 

45 

1.6 

$270 

117 

4.1 

702 

140 

4.7 

840 

106 

3.4 

636 

118 

3.1 

708 

97 

2.5 

582 

164 

4.7 

984 

149 

3.8 

894 

256 

6. 

1,536 

190 

4.5 

1,140 

140 

3. 

840 

130 

2.7 

780 

1,652 


3.7 


$9,912 


30  Chicago  Bureau  of  Public  Efficiency 

The  Coroner  reeoTnTnends  that  the  statute  requiring  the  col- 
lection of  fees  from  the  estates  of  deceased  persons  be  re- 
pealed and  in  view  of  the  small  amount  of  revenue  derived 
from  this  source  and  the  difficulties  attendant  upon  the  en- 
forcement of  the  law,  the  Bureau  concurs  in  the  recommenda- 
tion. 

HANDLING  OF  ESTATES. 


I.    STATUTORY  REQUIREMENTS. 

Section  20,  Chapter  31,  of  the  revised  statutes,  reads  as 
follows : 

Disposition  of  Property.  "When  any  valuable  personal  property, 
money  or  papers  are  found  upon  or  near  the  body  upon  which  an  inquest 
is  held,  the  coroner  shall  take  charge  of  the  same  and  deliver  the  same 
to  those  entitled  to  its  care  or  possession;  but  if  not  claimed,  or  if  the 
same  shall  be  necessary  to  defray  the  expenses  of  the  burial,  the  Cor- 
oner shall,  after  giving  ten  days'  notice  of  the  time  and  place  of  sale, 
sell  such  property,  and  after  deducting  Coroner's  fees  and  funeral  ex- 
penses, deposit  the  proceeds  thereof,  and  the  money  and  papers  so  found, 
with  the  county  treasurer,  taking  his  receipt  therefor,  there  to  remain 
subject  to  the  order  of  the  legal  representatives  of  the  deceased,  if 
claimed  within  five  years  thereafter,  or  if  not  claimed  within  that  time, 
to  vest  in  the  county," 

By  Section  19,  Chapter  31,  the  Coroner  is  also  required  to 
take  an  inventory  of  the  "personal  effects  and  property  of 
every  kind  and  nature  whatever,  and  state  on  his  records  what 
has  been  done  with  the  same,  and  where  the  proceeds  of  any 
such  property  and  the  money  and  papers,  if  any,  are  de- 
posited." 

2.    RECEIPT  AND  CUSTODY  OF  ESTATES. 

In  most  cases  a  policeman  is  the  first  representative  of 
the  law  who  sees  the  body  and  it  is  his  duty  to  take  possession 
of  any  property  which  may  be  found  on  or  near  the  body  and 
hold  same  until  the  deputy  coroner  takes  charge.  The  deputy, 
upon  arrival,  assumes  charge  of  the  body  and  property  and 
gives  the  policeman  a  receipt  for  the  personal  effects  of  the 


Coroner  of  Cook  County  31 

deceased.  The  deputy  takes  an  inventory  of  the  property 
and  lists  it  on  a  form  known  as  the  ''effects  and  estate"  sheet. 
After  the  inquest  is  concluded,  the  deputy  coroner  takes  the 
personal  effects  of  the  deceased,  such  as  money,  jewelry,  pa- 
pers, small  grips,  etc.,  to  the  Coroner's  office.  If  there  are  any 
trunks,  clothing,  etc.,  which  it  is  necessary  to  convey  by 
wagon,  the  deputy  instructs  the  policeman  to  have  them  sent 
to  the  Coroner's  officje  in  the  precinct  wagon. 

If,  however,  there  are  relatives  present  who  claim  the 
body  for  burial  and  the  estate  is  small,  the  deputy  may  turn 
the  property  over  to  them.  In  such  cases  he  takes  their  re- 
ceipt on  the  face  of  the  effects  and  estate  sheet.  In  other 
cases  the  valuables  are  taken  to  the  Coroner's  office  and  the 
relatives  are  obliged  to  go  there  and  satisfy  the  Coroner  or  his 
chief  deputy  that  they  are  entitled  to  the  property. 

When  the  deputy  coroner  brings  the  property  to  the  Coro- 
ner's office,  he  turns  it  over  to  the  record  clerk  together  with 
the  inquest  papers  and  the  record  clerk  checks  it  with  the 
"effects  and  estate"  sheet.  The  record  clerk  then  places  the 
money,  jewelry,  papers  and  other  small  articles  in  an  envelope 
on  the  back  of  which  he  writes  the  name  of  the  deceased,  date 
of  inquest,  inquest  number  and  list  of  articles  contained  there- 
in and  places  it  in  the  safe  in  the  Coroner's  office.  Trunks, 
grips,  clothing  and  other  large  articles  of  whatever  description 
he  turns  over  to  the  vault  clerk,  who  puts  them  in  the  Coro- 
ner's storage  vault  on  floor  3i^  of  the  County  Building.  The 
"effects  and  estate"  sheet  is  filed  with  the  inquest  papers  and 
the  chief  deputy  coroner  makes  entries  in  the  property  record 
from  this  form.  The  property  record  also  contains  a  detailed 
description  of  the  estate,  and,  if  delivered,  the  date  and  name 
and  address  of  person  to  whom  delivered. 

At  irregular  periods  of  about  sixty  days,  the  chief  deputy 
coroner  goes  through  the  envelopes  in  the  safe  and  extracts 
the  money  of  estates  which  have  been  on  hand  over  sixty  days, 


32  Chicago  Bureau  of  Public  Efficiency 

and  transfers  the  envelopes  containing  other  small  personal 
property,  such  as  jewelry,  papers,  etc.,  to  safety  deposit  boxes 
in  the  vault  of  the  Coroner's  office.  He  deposits  the  money 
in  the  Desplaines  State  Bank  of  Desplaines,  Illinois,  to  the 
credit  of  the  Coroner.  On  November  21,  1911,  a  statement 
rendered  by  the  bank  showed  that  there  was  a  credit  to  the 
estate  fund  of  $2,754.86.  As  no  list  or  record  of  any  kind  is 
kept  of  the  individual  items  taken  from  the  envelopes  for  de- 
posit, it  was  impossible  for  the  Bureau,  with  the  limited  time 
at  its  disposal,  to  verify  the  bank  balance  in  order  to  see  that 
all  money  extracted  from  the  envelopes  was  actually  in  bank. 

3.    DISPOSITION  OF  ESTATES. 
After  estates  reach  the  Coroner's  office,  they  are  finally 
disposed  of  in  one  of  four  ways,  viz : 

1.  Turned  over  to  executors  named  in  will,  relatives 
or  foreign  consuls. 

2.  Turned  over  to  administrators. 

3.  Turned  over  to  undertakers  to  cover  burial  ex- 
penses. 

4.  Sold  by  Coroner  at  end  of  his  term  of  office  and 
the  proceeds  turned  over  to  the  county  treasurer. 

(1)  Estates  Disposed  of  by  Will,  etc. — When  the  de- 
ceased leaves  a  will,  the  estate  is  turned  over  to  the  executor 
named  therein  and  if  there  is  no  will  and  the  estate  is  not  of  a 
value  greater  than  $80,  it  is  turned  over  to  the  relatives  who 
buried  the  body  or  in  the  case  of  a  foreigner  with  no  relatives 
or  friends  it  may  be  turned  over  to  the  foreign  consul  of  the 
country  of  which  the  deceased  was  a  citizen. 

(2)  Estates  Turned  Over  to  Administrators. — When 
a  person  dies  intestate,  if  the  estate  of  the  deceased  con- 
sists of  money  in  excess  of  $80,  or  jewelry  or  other  property 
which  when  sold  and  added  to  the  money  found  on  the  body 
of  the  deceased  would  in  the  opinion  of  the  Coroner  amount 
to  more  than  $80,  it  is  turned  over  to  the  administrator  when 
appointed  by  the  probate  court. 


Coroner  of  Cook  County  33 

(3)  Estates  Turned  Over  to  Undertakers  to  Cover  Burial 
Expenses. — When  there  are  no  friends  or  relatives  who  claim 
the  body  for  burial  and  the  estate  is  not  of  a  greater  value 
than  $80  and  the  undertaker  is  v^illing  to  bury  the  body  in 
exchange  therefor,  the  estate  is  turned  over  to  the  undertaker. 
The  cost  of  the  burial  and,  therefore,  its  kind — quality  of 
casket,  shroud,  etc. — is  determined  by  the  undertaker,  based 
on  the  value  which  he  places  on  the  estate.  The  chief  deputy 
coroner  states  that  in  such  cases,  unless  the  estate  contains  in 
excess  of  $20  in  money,  in  addition  to  property,  no  inquest 
fees  are  deducted,  the  entire  amount  being  turned  over  to  the 
undertaker  with  the  other  personal  property.  Undertakers 
render  no  bills  showing  the  cost  of  funerals  except  that  in 
some  cases  when  they  call  for  the  estates  they  show  their  bills 
to  the  chief  deputy  coroner  and  he  has  them  receipt  the  bills 
before  turning  over  the  estates.  However,  the  receipted  bills 
are  not  filed  in  the  Coroner's  office,  the  undertakers  being  al- 
lowed to  retain  them.  This  practice  of  turning  estates  over 
to  undertakers  is  not  in  accordance  with  the  requirements  of 
the  statute  which  states  that  in  such  cases  "the  Coroner  shall, 
after  giving  ten  days'  notice  of  the  time  and  place  of  sale,  sell 
such  property  and  after  deducting  Coroner's  fees  and  funeral 
expenses,  deposit  the  proceeds  with  the  county  treasurer." 

(4)  Estates  Held  by  Coroner  Until  the  End  of  His  Term 
of  Office. — No  sales  of  estates  have  been  made  by  the  Coroner 
during  his  seven  years'  service.  He  says  that  estates 
which  are  not  disposed  of  by  one  of  the  three  methods  hereto- 
fore mentioned  are  being  held  by  him  until  the  expiration  of  his 
term  of  office,  when  the  property  is  to  be  sold  and  the  pro- 
ceeds together  with  all  unclaimed  money  are  to  be  turned  over 
to  the  county  treasurer.  The  chief  deputy  coroner  states  that 
such  estates  now  in  the  hands  of  the  Coroner  were  found  either 
on  unidentified  or  unclaimed  bodies  and  were  all  of  such  small 
value  that  undertakers  would  not  bury  the  bodies  in  exchange 


34  Chicago  Bureau  of  Public  Efficiency 

therefor,  or  on  bodies  which  were  buried  by  the  county  at  the 
request  of  relatives  who  have  failed  to  come  in  and  claim  the 
estates.  It  is  not  an  unusual  occurrence  for  valuable  prop- 
erty of  deceased  persons  who  die  among  strangers  to  disap- 
pear before  the  arrival  of  a  deputy  coroner.  Such  a  case  re- 
cently came  up  in  the  probate  court  and  charges  were  filed 
with  the  civil  service  commission  against  a  police  officer  charg- 
ing him  with  having  appropriated  property  of  the  deceased 
person  to  his  own  use.  The  Bureau  suggests  that  the  Coroner 
furnish  all  police  precincts  with  a  supply  of  his  ''effects  and 
estate"  forms  in  order  that  police  officers  may  make  an  inven- 
tory of  property  promptly  upon  their  arrival.  After  listing 
the  property,  an  officer  and  two  witnesses  should  sign  it.  A 
copy  of  this  form,  together  with  the  property,  should  be  turned 
over  to  the  deputy  upon  his  arrival  and  a  copy  signed  by  the 
deputy  filed  in  the  precinct  station  by  the  officer  as  his  receipt. 
While  no  system  will  absolutely  stop  the  robbing  of  the  dead, 
this  will  be  a  step  in  the  right  direction  and  a  considerable 
improvement  over  the  present  system. 

The  Bureau  also  recommends  that  the  Coroner  keep  a  rec- 
ord of  the  individual  items  abstracted  from  the  estate  envelopes 
from  time  to  time  for  deposit  in  bank  so  that  the  amount  of 
trust  funds  in  bank  and  the  estates  to  which  they  belong  may 
be  determined  at  any  time. 

The  statute  (previously  quoted)  is  very  plain  in  laying 
down  the  procedure  to  be  followed  by  the  Coroner  in  dispos- 
ing of  estates  found  on  unclaimed  bodies,  and  there  would  seem 
to  be  no  reason  why  its  provisions  should  not  be  complied  with. 
Undertakers  should  also  be  required  in  all  cases  to  give 
the  Coroner  a  receipted  bill  which  should  be  kept  on  file  in 
the  Coroner's  office. 


Coroner  of  Cook  County  35 

METHOD  OF  SELECTING  JURORS. 


1.  STATUTORY  PROVISIONS. 

The  following  extracts  from  the  revised  statutes  of  Illinois 
show  the  statutory  provisions  for  the  selection  of  jurors : 

Coroner  to  Take  Charge  of  Body — Selection  of  Jury.  "Every  Cor- 
oner, whenever  and  as  soon  as  he  knows  or  is  informed  that  the  dead 
body  of  any  person  is  found  or  lying  within  his  county,  supposed  to  have 
come  to  his  or  her  death  by  violence,  casualty  or  any  undue  means,  he 
shall  repair  to  the  place  where  the  dead  body  is,  and  take  charge  of  the 
same  and  forthwith  summon  a  jury  of  six  good  and  lawful  men  of  the 
neighborhood  where  the  body  is  found  or  lying  to  assemble  at  the  place 
where  the  body  is  at  such  time  as  he  shall  direct,  and  upon  view  of  the 
body  to  inquire  into  the  cause  and  manner  of  the  death.  Where,  how- 
ever, after  said  jury  has  viewed  said  body  and  the  inquest  has  been 
continued  by  the  coroner  to  a  future  date,  and  some  of  said  jurors,  not 
exceeding  three,  fail  to  appear  at  said  inquest  because  of  death,  moving 
from  state,  or  other  sufficient  reasons,  it  shall  be  lawful  for  the  Coroner 
in  such  case  to  fill  said  vacancy  or  vacancies  with  good  and  lawful  men 
of  the  same  neighborhood.  It  shall  not  be  necessary  in  such  case  to  ex- 
hume the  body  in  order  that  it  may  be  viewed  by  said  substituted  ju- 
rors."    Ch.  31,  Sec.  10. 

Bystanders  Subject  to  Jury  Service.  "If  a  sufficient  number  of 
jurors  so  summoned  do  not  attend,  the  Coroner  shall  summon  others  from 
among  the  bystanders  to  make  up  the  jury."     Ch.  31,  Sec.  11. 

Duty  of  Jurors.  "It  shall  be  the  duty  of  the  jurors,  as  sworn 
aforesaid,  to  inquire  how,  in  what  manner,  and  by  whom  or  what,  the 
said  dead  body  came  to  its  death,  and  of  all  other  facts  of  and  concern- 
ing the  same,  together  with  all  material  circumstances  in  any  wise  related 
to  or  connected  with  the  said  death,  and  make  up  and  sign  a  verdict, 
and  deliver  the  same  to  the  Coroner."     Ch.  31,  See.  14. 

Powers  and  Duties  of  Deputy  Coroners.  "Deputy  Coroners  duly 
appointed  and  qualified,  may  perform  any  and  all  the  duties  of  the  Cor- 
oner in  the  name  of  the  Coroner,  and  the  acts  of  such  deputies  shall  be 
held  to  be  the  acts  of  the  Coroner."     Ch.  31,  Sec.  27. 

2.    SELECTION  OF  JURORS  BY  DEPUTY  AT  MORGUE. 

Since  the  procedure  followed  by  the  deputy  at  the  morgue 
in  selecting  jurors  differs  radically  from  that  followed  by  the 
other  ten  deputies  engaged  in  outside  work,  it  is  discussed  sep- 
arately. Before  entering  into  a  description  of  the  methods 
followed  at  the  morgue,  a  brief  description  of  that  institution 
is  given. 


36  Chicago  Bureau  of  Public  Efficiency 

The  county  morgue  is  located  on  the  grounds  of  the  Cook 
County  Hospital  in  the  extreme  rear  of  the  main  hospital  build- 
ing.   The  morgue  is  used  for  a  three-fold  purpose,  viz. : 

(1)  For  storing  dead  bodies  brought  from  the  County 
Hospital,  until  removed  by  relatives  or  otherwise  disposed  of. 

(2)  For  holding  autopsies  by  hospital  physicians  and  in- 
ternes. 

(3)  For  holding  inquests  and  post  mortem  examinations 
over  Coroner's  cases  brought  to  the  morgue. 

While  the  morgue  is  located  on  the  hospital  grounds  and 
Avas  erected  primarily  as  a  repository  for  bodies  of  per- 
sons who  die  in  the  hospital,  through  custom,  the  deputy  coro- 
ner has  become  the  recognized  head  of  the  morgue  and  it  is 
now  considered  to  be  under  the  supervision  of  the  Coroner's 
office.  The  deputy  coroner  in  charge,  however,  assumes  no 
authority  over  matters  pertaining  to  other  than  Coroner's 
cases.  He  merely  acts  as  custodian  of  bodies  which  are  brought 
to  the  morgue  from  the  hospital  in  other  than  Coroner's  cases, 
receiving  the  bodies,  caring  for  them  and  disposing  of  them  on 
orders  from  the  hospital. 

With  the  above  explanation  and  qualification,  it  is  proper 
to  say  that  the  deputy  coroner  has  charge  of  the  county 
morgue.  His  principal  duty  is  to  hold  inquests  over  Coroner's 
cases  brought  to  the  morgue.  He  has  general  supervision  over 
all  employes  Avho  are  assigned  to  duty  at  the  morgue,  including 
those  on  the  hospital  payroll. 

Approximately  3,000  inquests  are  held  at  the  county 
morgue  annually.  This  is  about  20  per  cent,  of  the  total  num- 
ber of  cases  handled  by  the  Coroner's  office.  This  large  per- 
centage is  due  to  the  fact  that  all  inquests  over  bodies  in  Cor- 
oner's cases  where  the  persons  die  in  the  County  Hospital  are 
held  at  the  morgue.  The  deputy  coroner  at  the  morgue  sets 
the  date  and  hour  for  all  morgue  inquests  and  notifies  the 


Coroner  of  Cook  Covrnty  37 

Coroner's  office.  He  usually  sets  the  dates  for  inquests  so  that 
a  majority  of  the  inquests  each  week  are  held  on  one  day.  On 
this  day  between  10  and  15  inquests  are  usually  held.  There  is 
a  morgue  clerk  regularly  employed  by  the  county  to  assist  the 
deputy  at  the  morgue. 

There  are  14  ''professional"  jurors  who  do  the  jury  serv- 
ice on  all  eases  held  at  the  morgue  except  in  the  very  few 
eases  which  in  the  judgment  of  the  deputy  are  of  such  im- 
portance that  an  outside  jury  should  be  selected.  These  cases, 
however,  are  very  few,  perhaps  2  or  3  per  cent,  of  the  total 
number.  While  the  personnel  of  the  professional  juries  may 
change  from  time  to  time,  some  of  the  jurors  have  been  serv- 
ing continuously  for  many  years,  and  seven  of  the  fourteen 
now  serving  have  been  at  the  morgue  since  1907.  On  the  busy 
days  there  are  two  juries  sitting;  while  one  jury  prepares  its 
verdict,  the  other  hears  testimony  in  another  case.  This  alter- 
nating service  is  kept  up  until  all  inquests  are  held.  It  is  not 
an  unusual  thing  for  some  jurors  to  serve  on  eight  or  ten  cases 
in  a  day.  During  the  month  of  March,  1911,  out  of  a  possible 
101  cases,  each  of  those  jurors  served  on  from  thirty-one  to 
fifty-six  cases.  Coroner's  jurors  are  supposed  to  be  paid  $1 
for  each  day  or  any  part  thereof  on  which  they  serve  on  a 
jury  and  when  any  services  are  rendered  certificates  are  issued 
daily  at  this  rate  in  favor  of  each  of  these  jurors.  The 
jurors,  however,  endorse  the  certificates  before  they  are  signed 
by  the  deputy  and  after  they  are  endorsed  the  deputy  pays 
the  jurors  in  cash  50  per  cent,  of  the  face  value  of  the  cer- 
tificates. 

The  Bureau  is  of  the  opinion  that  the  present  method 
under  which  these  "professional"  jurors  are  permitted  to 
serve  on  juries  at  the  morgue  should  be  discontinued. 

The  best  results  cannot  be  obtained  under  this  system. 
The  work  of  those  jurors  becomes  in  many  cases  merely  per- 
functory and  as  they  are  under  obligations  to  certain  persons 


38  Chicago  Bureau  of  Public  Efficiency 

for  their  positions,  those  persons  have  the  power,  whether  they 
exercise  it  or  not,  to  influence  verdicts  and  have  them  ren- 
dered in  accordance  with  their  wishes.  Jurors  are  called  upon 
to  pass  judgment  in  many  important  cases,  among  which  are 
those  of  murder  and  personal  injury.  During  the  month  of 
March,  1911,  these  juries  composed  of  "professionals"  passed 
on  four  out  of  six  homicide  cases  and  on  six  out  of  six  personal 
injury  cases  where  the  deceased  persons  had  been  killed  by 
street  car  companies  and  by  railroads.  The  Bureau  does  not 
believe  that  it  is  proper  to  submit  such  cases  to  the  judgment  of 
these  "professional"  jurors. 

Under  a  different  method  of  selection,  and  payment  on  a 
per  diem  basis,  not  only  would  a  better  grade  of  jurors  be  ob- 
tained, but  the  work  could  be  done  at  a  considerable  saving 
to  the  county.  If  jurors  were  selected  to  serve  at  the  morgue 
for  periods  of  one  or  two  weeks  and  made  ineligible  for  more 
than  two  weeks  service  in  a  year,  there  would  be  a  constant 
change  of  jurors,  which  should  be  very  beneficial  to  the  service. 
Under  this  system  morgue  jurors  should  be  paid  $2.10  per  day, 
which  is  the  rate  paid  jurors  sent  out  by  the  county  court  to 
sit  in  insane  cases  at  the  Detention  Hospital.  (The  Deten- 
tion Hospital  is  also  on  the  County  Hospital  grounds  and  with- 
in a  stone's  throw  of  the  morgue.)  One  jury  with  an  extra 
man  (making  seven  jurors)  on  duty  six  days  in  the  week, 
with  an  extra  jury  (making  fourteen  jurors)  on  duty  one  day 
each  week  to  take  care  of  the  work  on  the  heavy  day,  would 
be  sufficient  under  normal  conditions  to  handle  all  morgue 
cases.  The  general  assembly  should  be  asked  for  such  legisla- 
tion as  may  be  necessary  to  accomplish  this  result. 

In  the  appendix  to  this  report  (page  64)  will  be  found 
a  tabulation  showing  tlie  cost  of  holding  inquests  at  the 
morgue  for  the  six  months  ending  August  31,  1911,  under  the 
present  system,  what  it  would  have  cost  under  the  one  sug- 
gested, and  the  saving  which  could  have  been  effected  had  it 


Coroner  of  Cook  Cownty  39 

been  in  operation.  From  the  tabulation  it  will  be  seen  that 
under  the  suggested  system  the  cost  of  holding  inquests 
would  have  been  from  26  to  45  per  cent  less  each 
month  and  there  would  have  been  an  average  saving  of  37  per 
cent,  for  the  six  months,  or  expressed  in  money  terms,  an 
average  monthly  saving  of  $272.30,  or  $1,633.80  for  the  six 
months'  period.  Allowing  for  the  possible  extraordinary  occa- 
sions when  an  extra  jury  might  be  needed  for  more  than  one 
day  in  the  week,  it  is  safe  to  say  that  under  the  system  of  pay- 
ing on  a  per  diem  basis,  an  annual  saving  of  between  $2,500 
and  $3,000  might  be  effected  on  the  cost  of  holding  morgue  in- 
quests. 

3.  SELECTION  OF  JURORS  BY  OUTSIDE  DEPUTY  CORONERS. 

The  methods  employed  in  the  selection  of  jurors  by  the 
deputies  who  work  out  of  the  Coroner's  office  are  also  open  to 
serious  criticism.  When  a  deputy  receives  his  assignment,  he 
notifies  his  clerk  and  the  clerk  precedes  the  deputy  to  the  place 
where  the  inquest  is  to  be  held.  Under  the  system  in  vogue, 
the  duty  of  selecting  the  jurors  is  usually  delegated  to  the 
clerk  by  the  deputy.  The  clerk  usually  selects  himself  as  the 
first  juror  and  if  business  happens  to  be  a  little  dull  and  there 
is  another  deputy's  clerk  in  the  office  whose  deputy  has  no 
assignment,  he  will  take  that  clerk  along  as  juror  number  two. 
Then  there  are  a  number  of  "professional"  jurors  who 
come  to  the  Coroner's  office  morning  and  afternoon  seeking 
service  as  jurors.  When  the  Bureau's  representative  began 
his  work  in  the  Coroner's  office,  those  "professional"  jurors 
could  be  seen  in  the  deputies'  room  daily.  Shortly  afterwards 
they  discontinued  coming  to  the  office,  but  thereafter  they 
could  be  seen  at  the  Clark  street  entrance  to  the  County  Build- 
ing almost  every  day  about  9  a.  m.  and  1  p.  m.  waiting  for  the 
clerks.  It  is  not  an  unusual  thing  for  the  clerk  to  pick  up  two 
or  three  of  these  "professional"  jurors  and  either  take  them 


40  Chicago  Bureau   of  Public  Efficiency 

along  or  tell  them  where  to  go.  The  clerk  then  proceeds  to 
the  place  where  the  inquest  is  to  be  held  and  if  it  happens  to 
be  at  an  undertaking  establishment,  the  undertaker,  and,  if 
necessary,  one  of  his  employes,  may  be  pressed  into  service. 

It  is  not  an  unusual  occurrence  for  a  majority  of  the  jury 
to  be  made  up  of  "professional"  jurors  even  in  important 
cases.  In  order  to  show  to  what  extent  this  practice  obtains, 
the  homicide  cases  held  in  one  month  in  1911  were  cheeked  and 
it  was  found  that  in  twenty-one  out  of  twenty-six  cases  handled 
by  the  ten  deputy  coroners,  "professional"  jurors  served  on 
the  juries.  In  five  cases  a  majority  of  the  jurors  were  "pro- 
fessionals;" in  six  cases  half  of  the  jurors  were  "profes- 
sionals;" in  four  cases  two  were  "professionals,"  and  in  six 
cases  one  was  a  "professional." 

No  attempt  was  made  to  count  in  other  classes  of  cases 
the  number  of  instances  where  "professional"  jurors  consti- 
tuted a  majority;  but  such  cases  were  noticed  in 
which  the  deaths  were  caused  by  drowning,  appendicitis,  falls, 
automobile  and  carriage  accidents.  These  "professional"  jur- 
ors often  serve  on  two  juries  held  at  different  places  on  the 
same  day. 

Out  of  331  hearings  at  inquests  held  by  these  deputies 
during  one  month  this  year,  deputies'  clerks  served  on  242 
(73  per  cent.)  of  the  juries.  Of  1,986  jurors'  places,  308  were 
filled  by  these  clerks  and  161  by  other  "professional"  jurors, 
making  a  total  of  469  places  (24  per  cent  of  the  total  number) 
which  were  filled  by  "professional"  jurors  during  that  month. 

It  is  interesting  to  note  in  connection  with  these  figures  that 
out  of  the  156  jurors  who  served  on  the  twenty-six  homicide 
cases  (heretofore  mentioned),  53  jurors  or  34  per  cent  were 
"professionals."  In  other  words,  proportionately  more  "pro- 
fessional" jurors  served  on  homicide  cases  than  on  others.  In 
the  appendix  to  this  report  (page  65)  will  be  found  a  state- 


Coroner  of  Co  oh  County  41 

ment  giving  detailed  information  in  regard  to  the  jury  service 
of  deputy  coroners'  clerks. 

To  the  end  that  these  practices  may  be  stamped  out,  the 
Bureau  recommends  that  deputies'  clerks  be  prohibited  from 
serving  on  juries  and  that  no  juror  be  eligible  to  serve  on  a 
Coroner's  jury  more  than  one  time  in  any  one  month.  Deputy 
coroners  should  be  instructed  to  ascertain  whether  jurors  are 
disqualified  for  this  reason  before  selecting  them. 


JURORS'   FEES. 


1.    STATUTORY  PROVISION. 

Section  45,  Chapter  53  of  the  revised  statutes,  reads  as 

follows : 

Jurors'  Fees.  "The  fee  of  eacli  juror  attending  an  inquest  held 
over  a  dead  body  shall  be  one  dollar  per  day,  payable  out  of  the  county 
treasury,  upon  the  certificate  of  the  coroner  or  acting  coroner  of  the 
county  wherein  the  inquest  was  held." 


2.     METHOD  OF  PAYMENT. 

Jurors  are  supposed  to  be  paid  by  means  of  Coroner's 
certificates  issued  by  deputy  coroners.  A  coroner's  certificate, 
when  signed  by  the  juror  in  the  space  provided  for  that  pur- 
pose on  the  face  of  the  certificate,  and  approved  by  the  county 
comptroller,  becomes  an  order  on  the  county  treasurer  and 
will  be  paid  upon  presentation  at  his  office  in  the  County 
Building.  Coroner's  certificates  are  made  out  by  the  deputy 
or  his  clerk  in  the  name  of  the  Coroner  and  are  supposed  to 
be  given  to  the  jurors  at  the  conclusion  of  inquests.  Some 
deputies,  however,  in  cases  where  inquests  are  continued,  issue 
certificates  each  day  instead  of  waiting  until  the  inquests  are 
completed.  In  their  present  form,  the  certificates  are  not  nego- 
tiable. 


42  Chicago  Bureau  of  Public  Efficiency 

3.    TRAFFIC  IN  CORONER'S  CERTIFICATES. 

Under  the  system  of  payment  actually  in  vogue,  very  few 
Coroner's  certificates  ever  come  into  the  possession  of 
the  jurors,  except  momentarily,  for  the  purpose  of  endorse- 
ment. Instead,  in  outside  cases,  the  certificates  are  purchased 
by  the  deputies'  clerks  and  at  the  morgue  by  the  deputy  coro- 
ner. The  customary  price  paid — and  we  are  informed  the 
maximum — is  50  cents  on  the  dollar.  Approximately  85  per 
cent  of  the  certificates  issued  are  for  $1  and  the  jurors,  there- 
fore, in  most  cases,  receive  only  50  cents  for  their  services. 
The  extent  to  which  this  practice  obtains  is  indicated  by 
the  fact  that  between  July  17  and  August  12,  1911,  a  period  of 
nearly  a  month,  out  of  2,384  certificates  cashed  by  the  county 
treasurer,  2,372  were  cashed  for  professional  buyers. 

For  the  purpose  of  showing  that  the  practice  of  buying 
certificates  is  general  and  not  confined  to  clerks  of  any  par- 
ticular deputies,  there  is  given  in  the  tabulation  which  fol- 
lows the  number  cashed  by  each.  There  is  also  given  the 
number  cashed  by  two  morgue  jurors  who  cashed  them  for  the 
deputy  coroner  at  the  county  morgue  and  the  number  actually 
cashed  by  jurors  themselves. 


Coroner  of  Cook  County 


43 


CERTIFICATES    CASHED    BY    COUNTY    TREASURER    FROM    JULY    1/    TO 
AUGUST   12,    I9II. 

Cashed  by  two  morgue  jurors  for  deputy — 

Number  of  certificates. 

Professional  juror  No.  1  270 

Professional  juror  No.  2 210 


Total  cashed  by  two  morgue  jurors. 
Cashed  by  deputy  coroners'  clerks — 


Clerk  A 
B 
C 
D 
E 
F 
G 
H 
I 
J 


.287 
.246 
.214 
.204 
.191 
.175 
.169 
.162 
.136 
.108 


Total  cashed  by  deputy  coroners'  clerks 

Cashed  by  jurors  to  whom  issued 7 

Unendorsed — probably  cashed  by  jurors 5 


Total  probably  cashed  by  jurors  

Total  number  issued  during  period 

Per  cent  of  total  number  cashed  by  professional 
buyers 


480 


1,892 

12 

2,384 

99.5 


The  270  certificates  amounting  in  value  to  $378  cashed  by 
morgue  juror  No.  1  under  date  of  July  26th  and  the  210 
amounting  to  $270  cashed  by  morgue  juror  No.  2  under  date 
of  August  9th  included  every  certificate  issued  by  the  deputy 


44  Chicago  Bureau  of  Public  Efficiency 

coroner  at  the  morgue  between  July  8th  and  August  3d.  An 
additional  check  covering  a  lot  of  306  certificates  amounting 
in  value  to  $390,  which  were  cashed  by  morgue  juror  No.  2 
under  date  of  September  15,  1911,  showed  that  they  included 
every  certificate  issued  by  the  deputy  coroner  at  the  morgue 
between  August  25th  and  September  9th. 

It  is  very  evident  from  these  figures  that  the  system  is 
well  organized  at  the  morgue  and  in  perfect  working  order. 
On  account  of  the  time  which  it  would  have  consumed,  the 
Bureau  did  not  go  over  the  records  to  see  what  proportion  of 
the  certificates  issued  by  the  other  deputies  were  purchased 
by  their  clerks.  The  figures  in  the  tabulation  indicate,  how- 
ever, that  they  secure  practically  all  of  them.  In  this  connec- 
tion it  should  be  borne  in  mind  that  the  deputies'  clerks  serve 
on  nearly  all  the  juries  and  it  is  therefore  only  necessary  for 
them  to  buy  five  certificates  to  each  jury  in  order  to  secure 
them  all.  The  examples  cited  are  not  selected  cases,  and  it  is 
believed  that  they  are  representative  and  reflect  the  general 
conditions  and  the  systems  w^hich  obtain  year  in  and  year  out. 

The  reason  given  by  those  who  attempt  to  defend  the  sys- 
tem under  which  the  buying  of  certificates  is  permitted  is  that 
it  is  an  accommodation  to  the  jurors  in  that  it  saves  them 
from  making  a  trip  to  the  County  Building.  In  some  cases 
this  is  probably  true,  as  there  are  jurors  who  sel- 
dom have  business  downtown  and  who  would  prefer  to  ac- 
cept 50  cents  in  money  rather  than  go  to  the  trouble  of 
cashing  the  certificates  themselves.  But  this  can  scarcely  be 
the  case  with  anything  like  a  majority  of  the  jurors  and  cer- 
tainly not  with  practically  all  of  them.  It  would  seem  that  in 
many  instances  jurors  are  made  to  understand  that  they  are 
expected  to  accept  50  cents  for  their  services.  It  is  probably 
only  the  few  who  refuse  to  sell  at  a  discount  who  personally 
cash  their  certificates.  With  respect  to  "professional"  jurors, 
except  the  clerks  themselves,  willingness  to  accept  50  cents 


Coroner  of  Cook  County  45 

is  a  condition  precedent  to  being  permitted  to  serve.  The 
majority  of  the  others  perhaps  do  not  know  that  they  are  sup- 
posed to  receive  more  than  50  cents.  Undertakers  and  their 
helpers  who  serve  as  jurors,  as  has  been  explained,  turn  their 
vouchers  over  to  the  clerks  without  any  compensation.  At  the 
morgue,  there  are  sometimes  ten  or  fifteen  cases  held  in  a  day. 
Some  days  a  single  juror  serves  on  as  many  as  eight  or  ten 
cases  at  50  cents  each. 

The  Bureau  considers  the  practice  of  trafficking  in  cer- 
tificates by  persons  connected  with  the  Coroner's  office  as 
reprehensible,  and  one  which  should  be  stamped  out  imme- 
diately. The  compensation  provided  by  law  for  Coroner's 
jurors  is  small  enough,  and  the  system  should  be  carried  out  so 
that  they  may  receive  at  least  the  amount  to  which  they  are 
entitled.  To  this  end  the  Bureau  recommends  (a)  that  Coro- 
ner's certificates  be  issued  in  no  cases  until  inquests  are  com- 
pleted; (b)  that  approval  of  the  comptroller  as  a  condition 
precedent  to  payment  by  the  county  treasurer  be  dispensed 
with  and  that  the  form  of  the  certificates  be  changed  so  that 
they  will  be  accepted  by  banks  the  same  as  checks,  and  (c) 
that  employes  or  others  connected  directly  or  indirectly  with 
the  Coroner's  office,  such  as  clerks  or  "professional"  jurors, 
be  prohibited  from  purchasing  these  certificates  and  that  the 
permitting  or  condoning  of  the  practice  by  deputy  coroners  be 
made  a  violation  of  civil  service  rules  and  a  cause  for  dismissal 
from  the  service. 


46  Chicago  Bureau  of  Public  Efficiency 

STENOGRAPHIC  REPORTS  OF  TESTIMONY  TAKEN  AT 

INQUESTS. 


1.    USE  OF  TRANSCRIPTS  FURNISHED  BY  PUBLIC  SERVICE 
CORPORATIONS. 

One  of  the  principal  accomplishments  of  the  present  ad- 
ministration is  the  addition  of  a  stenographic  reporting  staff. 
A  practice  has  grown  up,  however,  in  connection  with  this  new 
method  of  reporting  cases,  which  makes  it  worse  in  some  re- 
spects than  the  long-hand  method,  which  was  used  prior  to  the 
addition  of  the  reporting  staff.  Under  the  old  method  deputy 
coroners  took  the  gist  of  the  testimony  in  longhand,  read  it 
back  to  the  witnesses  and  had  them  sign  it.  This  is  the  method 
followed  at  the  present  time  in  cases  to  which  reporters  are 
not  assigned. 

In  1907  an  act  was  passed  by  the  legislature  under  the 
provisions  of  which  the  Coroner  might  have  the  testimony 
taken  in  shorthand  by  a  reporter  and  the  reporter's  transcript 
filed  with  the  inquest  papers  as  the  official  record  of  the  testi- 
mony. In  1908  the  first  reporter  was  employed.  In  1910  an- 
other  reporter  and  two  typists  were  added  to  the  staff.  On 
November  18,  1910,  the  Coroner  in  his  annual  letter  to  the 
judges  of  the  circuit  court  requested  that  he  be  allowed  an  ad- 
ditional reporter  and  typist.  The  following  are  extracts  from 
the  Coroner's  letter: 

"I  am  asking  for  an  additional  allowance  this  year,  of  one  court 
reporter  and  one  typist,  as  I  find  that  the  two  reporters  we  have  are 
not  sufficient  to  cover  all  the  murder  and  personal  injury  cases.     •     •     * 

"In  addition  to  the  cases  above  referred  to,  we  have  taken  the 
shorthand  notes  from  the  corporations  involved,  by  consent  of  both  par- 
ties, in  many  cases,  as  our  reporters  were  at  those  times  engaged  in  other 
cases.  This  is  a  practice  that  I  do  not  approve  of,  though  both  parties 
consent  to  having  the  work  done  in  that  way.  In  all  important  cases 
the  corporations  are  represented,  not  only  by  a  court  reporter,  but  also 
by  counsel,  and  I  believe  that  the  heirs  of  the  unfortunates  who  lose 
their  lives  should  receive  the  same  consideration,  and  not  bo  obliged  to 
rely  on  the  meagre  long  hand  notes.    I  believe  that  if  my  request  hereto- 


Coroner  of  Cook  County  47 

fore  mentioned,  for  one  additional  reporter  and  one  typewriter  operator, 
be  allowed,  it  will  do  away  with  the  practice  above  referred  to,  and  I 
will  not  be  obliged  to  hire  work  done  outside  of  my  office.  In  view  of 
the  above  facts,  I  would  respectfully  petition  that  my  request  be 
granted. ' ' 

This  request  was  granted  and  during  the  present  year  the 
Coroner  has  had  a  staff  of  three  reporters  and  three  typists, 
but  the  practice  of  accepting  the  shorthand  transcripts  fur- 
nished by  certain  corporations  and  making  them  a  part  of  the 
official  inquest  files  has  continued  as  before.  In  fact,  there  is 
a  tacit  understanding  (although  the  chief  deputy  coroner  in- 
forms the  Bureau  that  there  are  no  agreements  to  that  effect 
and  that  no  special  arrangements  have  been  entered  into)  that 
the  Chicago  City  Eailway  Company,  the  Chicago  Railways 
Company,  the  Chicago  &  Northwestern  Railway  Company  and 
the  Chicago,  Mihvaukee  and  St.  Paul  Railway  Company  will 
furnish  copies  of  testimony  taken  in  all  cases  in  which  they 
are  interested  where  Coroner's  reporters  are  not  assigned  to 
the  cases  and  it  is  agreeable  to  the  representatives  of  the  de- 
ceased. 

Some  idea  of  the  extent  to  which  the  practice  of  not  as- 
signing reporters  to  cases  in  which  these  four  corporations 
are  concerned  prevails  may  be  had  from  the  statement  that  out 
of  123  cases  in  which  these  four  companies  were  interested  for 
the  six  months  ending  August  31, 1911,  Coroner's  reporters  were 
assigned  to  only  12.  During  this  same  period,  out  of  a  total 
of  253  cases  where  the  deaths  were  due  to  transportation 
accidents,  Coroner's  reporters  were  assigned  to  only  92  or  36 
per  cent.  Instead  of  being  assigned  to  these  personal  injury 
cases  to  look  after  the  interests  of  "the  heirs  of  the  un- 
fortunates who  lose  their  lives"  for  whom  the  Coroner  was  so 
solicitous  in  his  letter  to  the  judges  of  the  circuit  court  when 
requesting  an  increase  in  the  reporting  staff',  the  reporters 
were  sent  out  in  many  instances  to  cover  cases  where  the 
deaths  were  due  to  falls,  burns,  drownings,  and  suicides. 


48  Chicago  Bureau  of  Public  Efficiency 

The  figures  below  show  the  number  of  cases  handled  by 
the  Coroner  during  the  six  months'  period  mentioned  where 
the  deaths  were  due  to  accidents  in  which  the  four  mentioned 
and  all  other  transportation  companies  were  interested  and  the 
number  and  percent  of  cases  to  which  Coroner's  reporters 
were  assigned: 

Cases  Covered 
Name  of  Corporations  Number  of  by  Coroner's  Reporters. 

Interested.  Inquests  Held.  Number.  Per  Cent. 

Chicago  Railways 47  1  2 

Chicago  City  Railway 33  3  10 

Chicago    and    Northwestern 

Railway   24  4  17 

Chicago,  Milwaukee  and  St. 

Paul  Railway  19  4  21 

123  12  10 

Other    transportation     com- 
panies     130  80  62 

Totals  all  transportation 
companies    253  92  36 

In  explanation  of  the  assignment  of  reporters  to  such  a 
small  number  of  cases  in  which  the  four  corporations  mentioned 
were  interested,  the  chief  deputy  coroner  (who  makes  the 
assignments)  stated  that  with  the  present  force  it  had  been  im- 
possible to  assign  reporters  to  all  classes  of  cases  which  the 
Coroner  attempts  to  cover  and  that  since  these  corporations 
would  furnish  copies  of  the  testimony  in  cases  to  which  Coro- 
ner's reporters  were  not  assigned,  Coroner's  reporters  were 
sent  to  other  cases.  This  statement,  however,  does  not  harmon- 
ize with  the  Coroner's  letter  to  the  judges,  in  which  the  chief 
reason  given  for  requesting  an  additional  reporter  and  typist 
was  that  they  would  make  possible  the  covering  of  all  per- 
sonal injury  cases  so  that  it  would  not  be  necessary  to  accept 
transcripts  of  testimony  furnished  by  the  corporations. 


Coroner  of  Cook  County  49 

It  is  the  opinion  of  the  Bureau  that  under  no  circum- 
stances should  transcripts  of  testimony  furnished  by  public 
service  corporations  be  accepted  by  the  Coroner  and  filed  as 
part  of  the  official  inquest  papers.  The  Bureau  is  also  of  the 
opinion  that  next  to  homicide  cases,  transportation  cases  should 
be  the  first  to  be  covered  by  the  Coroner's  reporters  and  that 
in  cases  where  it  is  impossible  to  assign  a  reporter  to  such 
cases,  the  deputy  should  be  required  to  take  the  gist  of  the  tes- 
timony in  longhand,  as  Avas  formerly  the  custom. 

On  one  occasion  a  Coroner's  reporter  was  assigned  to  a 
case  in  which  the  Chicago  Eailways  Company  was  interested. 
A  reporter  representing  the  Chicago  Railways  Company  was 
also  present  and  both  reporters  took  the  testimony.  For  some 
reason  the  Chicago  Railways  Company  sent  the  Coroner  a 
copy  of  the  testimony  as  taken  b}^  the  reporter  who  represented 
it.  The  Coroner's  reporter  who  covered  the  case  decided  that 
it  would  take  less  time  to  compare  the  transcript  furnished 
with  his  notes  than  to  dictate  the  testimony  in  a  phonograph 
and  have  it  transcribed  by  a  typist.  In  making  the  compari- 
son he  discovered  a  number  of  differences  between  the  testi- 
m-ony  as  shown  by  his  notes  and  the  transcript  furnished.  The 
case  was  one  in  which  it  was  alleged  that  the  conductor  had 
pushed  the  deceased*  from  one  of  the  company's  street  cars 
and  that  he  had  sustained  injuries  which  resulted  in  his  death. 
According  to  the  transcript  of  the  company  reporter  the 
man  was  ' '  conscious ' '  when  picked  up ;  according  to  the  notes 
of  the  reporter  on  the  Coroner's  staff,  he  was  "unconscious." 

2.    CASES  WHICH  SHOULD  BE  COVERED  BY  CORONER'S  REPORTERS. 

In  the  appendix  to  this  report  (page  66)  will  be  found 
a  table  showing  the  total  number  of  cases  of  the  most  impor- 
tant classes  handled  by  the  Coroner  for  the  six  months  ending 
August  31,  1911,  and  the  number  and  per  cent,  of  each  class 


50  Chicago  Bureau  of  Public  Efficiency 

covered  by  Coroner's  reporters.  Another  table  will  be  found  in 
the  appendix  (page  67),  showing  the  classes  of  cases  which,  in 
the  opinion  of  the  Bureau,  should  have  been  covered  or  given 
preference  in  the  making  of  assignments.  They  are  arranged 
in  what  the  Bureau  believes  to  be  the  order  of  their  importance 
as  a  general  rule.  From  the  latter  table  it  will  be  seen  that 
homicide  cases  arc  placed  first  in  importance,  transportation 
accidents  second  and  industrial  accidents  third.  The  Bureau 
believes  that  these  three  classes  of  cases  should  be  covered  in 
all  instances  where  it  is  possible  to  make  the  classifications  in 
advance  of  the  investigations. 

The  records  show  that  during  the  year  1910  the  Coroner 
handled  203  homicide  cases,  577  transportation  accident  cases 
and  287  industrial  accident  cases,  making  a  total  of  1,067. 
During  the  six  months'  period  ending  August  31,  1911,  Coro- 
ner's reporters  were  assigned  to  173  cases  not  included  in  the 
three  classes  of  cases  mentioned.  This  is  at  the  rate  of  about 
350  cases  annually.  It  is  the  opinion  of  the  Bureau,  however, 
that  in  addition  to  the  three  classes  of  cases  mentioned,  report- 
ers should  be  assigned  to  all  abortion  cases  and  to  all  automo- 
bile, motorcycle  and  wagon  accident  cases.  If  all  the  classes 
indicated  were  covered,  there  would  be  about  1,500  cases  han- 
dled by  the  Coroner  annually  to  which  reporters  should  be 
assigned.  Whether  or  not  cases,  other  than  those  included  in 
the  classes  mentioned  above,  shall  be  covered  must  be  left  to 
the  discretion  of  the  coroner  in  each  case. 

3.     NUMBER  OF  REPORTERS  NECESSARY. 

During  the  six  months  ending  August  31,  1911,  the  three 
reporters  allowed  the  Coroner  covered  475  cases,  an 
average  of  158  each.  At  this  rate  a  reporter  will  cover  an 
average  of  316  cases  yearly.  One  of  the  reporters, 
however,     whose     average     was     very    low,     worked     under 


Coroner  of  Cook  County  51 

some  disadvantages.  He  was  the  last  reporter  to  be 
added  to  the  force.  A  phonograph  was  not  provided  for 
him.  He  had  to  use  one  of  the  machines  of  the  other  reporters 
as  available.  If  he  had  had  a  phonograph,  his  aver- 
age would  have  been  considerably  higher.  Keporters  would 
be  able  to  cover  more  cases  if  they  would  get  in  touch  over 
the  telephone  with  police  precincts  just  before  going  out  on 
cases  and  find  out  if  the  police  officer  intends  to  request  that 
the  inquest  be  continued.  Postponements  are  often  taken 
where  police  officers  request  more  time  in  order  to  complete 
their  investigations  or  to  have  witnesses  present  to  testify  who 
cannot  be  there  at  the  time  set  for  the  inquests.  In  such  cases 
the  services  of  a  reporter,  are  not  necessary  at  the  preliminary 
hearing.  When  a  reporter  goes  out  on  such  cases  at  10  o'clock, 
it  is  usually  too  late  for  another  assignment  until  the  after- 
noon and  when  he  goes  out  at  2  o  'clock  in  most  cases  he  would 
not  be  able  to  cover  another  case  on  that  same  day.  Conse- 
quently, in  either  case,  half  a  day  would  be  lost.  Out  of  four 
inquests  which  were  attended  by  the  Bureau's  representative 
to  which  reporters  were  assigned,  two  were  continued  at  the 
request  of  police  officers. 

The  chief  deputy  coroner  assigns  all  reporters  to  cases 
which  are  to  be  covered.  Because  of  his  many  other  duties 
he  is  unable  to  give  the  assigning  and  routing  of  reporters  the 
attention  necessary  to  get  the  best  results.  If  an  assignment 
record,  showing  all  present  as  well  as  future  assignments  of  re- 
porters, were  kept  by  a  subordinate  clerk,  for  the  chief  dep- 
uty, so  that  the  latter  could  tell  at  any  time  where 
each  reporter  is  and  what  he  has  ahead  of  him,  he 
would  be  enabled  to  get  better  results  and  the  reporters 
would  cover  more  cases.  It  might  also  be  well  to  consider 
the  advisability  of  giving  one  reporter  a  slightly  larger  salary 
and  having  him  make  the  individual  assignments  on  instruc- 
tions from  the  chief  deputy  as  to  the  cases  to  be  covered. 


52  Chicago  Bureau  of  Public  Efficiency 

The  Bureau  is  of  the  opiuion  that  under  favorable  condi- 
tions the  reporters  will  average  approximately  400  eases  per 
year.  At  this  rate  four  reporters  and  three  typists  would 
probably  be  able  to  cover  all  the  cases  requiring  their  presence 


4.    RECOMMENDATIONS. 

The  Bureau,  therefore,  recommends  that  the  Coroner  be 
given  an  additional  reporter  for  the  coming  year,  and  if,  after 
a  trial,  he  finds  it  impossible  to  cover  all  the  classes 
of  cases  suggested,  that  the  reporting  staff  for  1913 
be  increased  to  five  reporters  and  four  typists.  It 
also  recommends  that  if  from  time  to  time  there  are  cases 
which  should  be  covered  when  no  reporters  are  available,  the 
deputy  coroners  be  required  to  take  the  gist  of  the  testimony 
in  longhand.  In  no  instance  should  the  transcript  of  testi- 
mony taken  by  other  than  his  own  reporters  be  filed  by  the 
Coroner  as  part  of  the  official  inquest  papers.  The  purchase  of 
two  additional  phonographs  is  recommended,  so  that  each  re- 
porter will  have  one  for  his  individual  use.  Reporters  should 
be  instructed  to  phone  police  precincts  before  going  out  on 
assignments  to  see  if  a  continuance  is  to  be  requested. 


RECORD  AND  FORMS. 


1.     FINANCIAL. 

The  Bureau  does  not  here  attempt  to  enter  into  a  detailed 
description  of  the  various  records  and  forms,  but  there  are 
some  with  regard  to  the  use  of  which  it  desires  to  make  sug- 
gestions. 


Coroner  of  Cook  County  53 

Certified  Copy  Orders. 

This  is  a  record  in  which  orders  for  certified  copies  are 
entered  at  the  time  they  are  received  and  from  which  postings 
are  made  to  the  "earnings  and  receipts"  book.  It  is  a  bound 
volume  containing  200  sheets.  There  are  two  orders  to  the 
sheet  and  they  are  numbered  consecutively.  The  order  blank 
consists  of  the  stub  and  the  order  proper  which  folds  over  the 
stub,  so  that  with  the  use  of  carbon  paper  they  can  be  filled 
out  simultaneously.  At  the  present  time  both  the  original  and 
duplicate  orders  are  left  in  the  book.  Under  the  system  in 
the  Coroner's  office  there  is  no  need  for  two  copies  so  far  as 
that  office  is  concerned,  but  if  the  originals  were  torn  out  (they 
are  perforated  in  order  that  this  may  be  done),  attached  to  the 
duplicate  of  the  "earnings  and  receipts"  sheet  and  forwarded 
to  the  county  auditor  daily,  it  would  enable  the  auditor  to 
keep  a  much  better  check  on  the  receipts  than  at  present  and 
with  an  expenditure  of  very  little  time. 

Earnings  and  Receipts. 

With  the  exception  of  the  sale  of  certified  copies,  this 
is  the  book  of  original  entry  for  all  collections  both  cash  and 
credit.  The  largest  entries  both  in  number  and  amount,  how- 
ever, are  tor  the  sale  of  certified  copies.  When  entries  are 
made  covering  certified  copies,  the  number  of  the  inquest  file 
is  given  as  a  reference. 

It  is  suggested  that  instead  of  the  inquest  file  number,  the 
certified  copy  order  number  be  entered.  If  this  were  done,  it 
would  make  it  a  very  easy  matter  to  detect  the  failure  to  en- 
ter a  collection  or  make  a  charge,  as  the  certified  copy  orders 
are  numbered  consecutively.  In  addition  to  this  it  would  be 
of  assistance  to  the  county  auditor  in  checking  the  certified 
copy  orders  with  the  daily  ''earnings  and  receipts"  sheet. 


54  Chicago  Bureau  of  Public  Efficiency 


Effects  and  Estate  Sheet. 

This  is  a  form  used  by  deputy  coroners  for  listing  prop- 
erty found  on  or  near  the  bodies  of  deceased  persons  and  which 
is  turned  over  to  them  by  policemen  at  inquests.  It  also  con- 
tains spaces  for  the  listing  of  articles  such  as  revolvers,  bullets, 
empty  shells,  cartridges  and  knives  which  are  to  be  kept  as 
evidence.  At  the  top  of  the  form  there  are  spaces  to  be  filled 
out  showing  the  date  and  name  of  deceased  and  at  the  bottom 
there  is  a  space  for  the  signature  of  the  deputy  coroner.  This 
form  is  filed  as  a  part  of  the  inquest  papers.  It  was  gotten 
up  by  the  present  administration  and  has  been  in  use  several 
months.  This  is  a  good  form,  was  badly  needed  and  is  well 
adapted  to  the  purpose  for  which  it  was  designed.  However, 
a  space  should  be  provided  on  the  form  just  below  that  for  the 
signature  of  the  deputy  where  the  record  clerk  may  sign  his 
name,  signifying  that  he  has  checked  the  property  with  the 
list  and  found  it  to  be  correct.  Prior  to  the  time  when  the  use 
of  this  form  was  begun,  the  official  inquest  records  contained 
no  detailed  statement  showing  the  personal  effects  found  on 
bodies  of  deceased  persons. 

The  Bureau  has  already  suggested  in  a  previous  section  of 
this  report  that  the  Coroner  furnish  all  police  precincts  with  a 
supply  of  these  forms  so  that  police  officers  may  also  use  them 
in  making  inventories  of  property  promptly  upon  their  ar- 
rival in  cases  where  they  are  in  charge  of  bodies  pending  the 
holding  of  Coroner's  inquests.  It  has  been  suggested  also  that 
police  officers  be  requested  to  make  out  the  form  in  duplicate  and 
that  a  copy  signed  by  the  officer  in  charge  and  two  witnesses 
be  turned  over  to  the  deputy  upon  his  arrival  and  a  duplicate 
signed  by  the  deputy  given  to  tlie  police  officer  as  a  receipt. 
That  this  may  be  carried  out,  spaces  should  also  be  provided 
for  the  signature  of  the  police  and  two  witnesses.  In  order 
that  the  greatest  possible  benefit  may  bo  derived  from  the  use 


Coroner  of  Cook  County  55 

of  this  form,  the  Bureau  recommends  that  the  suggested  ad- 
ditions be  made  for  the  signatures  of  policemen,  witnesses  and 
the  record  clerk  and  that  the  Coroner  endeavor  to  obtain  the 
co-operation  of  the  police  department  in  securing  its  adoption 
by  all  the  precinct  stations. 

Coroner's  Certificates. 

Under  the  present  system  the  Coroner's  office  keeps  no 
record  of  the  total  number  and  amount  of  certificates  issued 
for  the  payment  of  jurors,  either  weekly,  monthly  or  yearly, 
and  no  check  of  any  kind  is  ever  made  by  the  Coroner's  office 
to  see  if  the  amount  of  money  paid  out  by  the  county  treas- 
urer from  time  to  time  on  Coroner's  certificates  agrees  with 
the  total  amount  as  per  the  daily  pay  rolls  (Coroner's  jury 
lists)  which  have  been  certified  and  turned  over  to  the  comp- 
troller. Such  a  check  should  be  made  monthly  or  at  least 
semi-annually. 

2.     STATISTICAL. 
Statistical  Record. 

This  is  the  principal  statistical  record  of  the  Coroner's 
office.  It  contains  a  condensed  monthly  and  yearly  record  of 
the  total  number  of  all  classes  of  cases  handled  by  the  Coro- 
ner. It  shows  among  other  things  the  total  number  of  in- 
quests held  during  the  month  and  year,  together  with  the  occu- 
pations of  the  deceased  persons  and  the  causes  of  death  in  all 
the  various  classes  of  cases.  It  also  shows  the  number  of 
deaths  resulting  from  industrial  and  transportation  accidents, 
homicides  and  suicides,  and  the  age,  sex,  social  condition  and 
color.  The  deaths  due  to  transportation  accidents  are  further 
classified  so  as  to  show  those  caused  by  railroads,  street  car 
companies  and  elevated  railways  and  how  the  person  killed 
met  his  death.  Of  the  total  number  killed,  it  also 
shows    the    number    killed    at    crossings    and    not    at    cross- 


56  Chicago  Bureau  of  Public  Efficiency 

ings  and  whether  the  persons  killed  were  passengers, 
employes  or  others.  A  further  division  is  then  made 
and  the  total  number  killed  by  each  railroad,  street  car  and 
elevated  railway  company  is  shown.  In  suicides  and  homi- 
cides the  mode  of  death  is  given,  and,  if  death  was  caused  by 
poisoning,  the  kind  of  poison  used. 

This  record  was  installed  by  the  present  Coroner  during 
the  first  year  of  his  administration  (1905).  It  is  one  of  the 
most  valuable  records  in  the  office.  A  report  embodying  prac- 
tically all  of  the  information  contained  in  this  record  is  made 
up  annually  for  the  county  board  and  is  published  in  the  pro- 
ceedings. This  report  contains  information  of  much  value  to 
the  public  in  general  and  to  civic  organizations  in  particular. 
It  is  recommended  that  in  future  the  county  commissioners 
make  provision  for  the  publication  in  pamphlet  form  of  this 
report. 

Record  of  Post  M  or  terns  Held  at  Comity  Morgue. 

This  is  another  valuable  statistical  record  which  has  been 
installed  under  the  administration  of  the  present  Coroner.  It 
contains  a  record  of  all  post  mortems  held  at  the  morgue  by 
the  Coroner's  physician.  A  record  of  each  case  is  made  on  a 
loose-leaf  form  and  filed  in  a  binder.  Among  the  details  given 
are  the  clinical  and  anatomical  diagnoses  and  a  description  of 
the  cases.  This  record  should  be  of  special  interest  to  the 
medical  profession  from  a  scientific  standpoint.  It  was  in- 
stalled in  July  of  the  present  year  by  the  Coroner's  physician 
now  stationed  at  the  morgue.  This  record  is  now  kept  in  this 
physician's  private  office.  He  states,  however,  that  wlien  he 
accumulates  a  sufficient  number  to  make  up  a  bound  volume 
(perhaps  200  sheets)  it  is  his  purpose  to  transfer  them  to  the 
Coroner's  office,  where  they  will  be  accessible  to  the  public 
at  all  times.  At  present  they  would  be  available  and  could  be 
seen  if  a  request  were  made  to  the  Coroner.    These  sheets  are 


Coroner  of  Co  oh  County  57 

typewritten  and  it  would  be  a  simple  matter  to  have  them 
made  out  in  duplicate  and  the  originals  forwarded  to  the 
Coroner  daily  or  as  fast  as  they  are  written  up.  If  this  were 
done,  there  would  always  be  a  record  on  file  in  the  Coroner's 
office.     The  installation  of  this  record  calls  for  commendation. 

Use  of  Card  Index  File  Suggested. 

At  the  present  time  there  is  no  comprehensive  reference 
index  in  the  Coroner's  office.  Each  inquest  record,  however, 
contains  an  index  in  the  front  covering  all  cases  recorded 
therein.  The  average  period  of  time  covered  by  each  inquest 
record  is  two  months.  Under  this  system,  in  order  to  locate 
the  inquest  papers  in  a  given  case,  unless  the  year  and  approx- 
imately the  month  is  known,  it  might  be  necessary  to  look 
through  many  inquest  record  indexes. 

The  clerks  in  the  Coroner's  office  have  not  time  to  make  a 
search  for  files  in  cases  where  the  inquirer  cannot  give  the 
year  and  month,  and  for  this  reason  the  information  contained 
in  the  files  is  not  as  readily  accessible  to  the  public  as  it 
would  be  if  a  card  index  file  were  installed.  The  Bureau, 
therefore,  recommends  the  installation  of  a  card  index  file.  In 
addition  to  the  name  of  the  deceased,  this  index  should  also 
show  the  inquest  number  as  well  as  the  monthly  serial  number. 
The  Bureau  does  not,  however,  recommend  the  discontinuance 
of  the  present  inquest  record  indexes. 

Daily  Time  Reports  Recommended. 

Daily  time  reports  showing  time  worked  and  record  of 
work  performed  are  not  required  of  Coroner's  physicians, 
deputy  coroners,  reporters  or  typists.  Consequently,  it  is  im- 
possible to  determine  the  amount  of  time  these  employes 
actually  spend  in  the  service  of  the  Coroner.  These  employes 
should  be  required  to  render  time  reports  which  should 
show  the  actual  time  spent  by  the  physicians  and  deputies  on 


58  Chicago  Bureau  of  Public  Efficiency 

each  case  handled  from  the  time  they  leave  the  office  until 
they  return  or  until  they  quit  for  the  day.  Reporters  should 
show  in  addition  to  the  time  spent  at  inquests,  the  time  con- 
sumed in  dictating  their  notes.  The  typists  should  show  the 
actual  time  spent  in  writing  up  each  case  and  the  number  of 
pages  written.  If  such  a  system  were  installed  it  would  be 
possible  at  the  end  of  six  months  or  a  year  to  compile  exact 
statistical  information  showing  the  volume  of  work  performed 
by  the  various  employes  from  which  accurate  deductions 
might  be  made  as  to  the  number  of  such  employes  actually 
needed  in  the  service. 

PRESERVATION  OF  EVIDENCE  IN  MURDER  CASES. 

A  Coroner's  physician  is  assigned  to  all  murder  cases.  An 
''autopsy  record"  form,  showing  post  mortem  findings,  is 
made  out  by  the  Coroner's  physician  who  makes  the  post  mor- 
tem examination.  It  is  placed  in  an  envelope  and  filed  in  a 
safety  deposit  box  in  a  vault  of  the  Coroner's  office.  When 
autopsies  are  held  in  other  than  murder  cases,  the  physician 
writes  his  post  mortem  findings  on  a  witness  statement  blank 
which  is  filed  with  the  inquest  papers. 

The  present  administration  has  provided  printed  manikins 
for  use  in  connection  with  this  report  by  the  physician  who 
holds  the  autopsy.  The  physician  marks  on  these  pictures  in 
red  ink  the  location  of  the  wound  or  wounds,  or  in  cases  of  bul- 
let wounds  the  points  of  entry  and  exit.  The  marked  mani- 
kins are  also  enclosed  in  the  envelope  referred  to  above. 

For  use  in  connection  with  murder  cases  in  which  the  kill- 
ing was  done  by  shot  or  bullet,  small  manila  envelopes  are 
provided  in  which  the  physician  places  the  shot  or  bullet. 
The  Bureau  is  informed  that  the  bullet  is  placed  in  the  en- 
velope, and  the  envelope  sealed  by  the  physician  in  the  Coro- 
ner's office  in  the  presence  of  the  Coroner  or  his  chief  deputy. 


Coroner  of  Cook  County  59 

Each  physician  has  for  this  purpose  a  seal  bearing  his  initials. 
This  envelope  is  marked  "Coroner's  office"  and  has  printed 
headings  v/ith  spaces  for  the  name  and  address  of  deceased, 
date  and  contents.  It  also  is  filed  with  the  records  above  men- 
tioned. Tags  showing  the  name  of  the  case  are  attached  to 
pistols  and  weapons  of  various  kinds  which  are  brought  in, 
and  which  also  are  filed  in  safety  deposit  boxes  in  a  vault  in 
the  Coroner's  office. 

This  appears  to  be  a  splendid  system.  The  weakness  is 
that  the  Coroner's  physicians  are  not  prompt  in  turning  in 
bullets  which  they  extract  from  bodies.  In  fact,  the  evidence 
usually  comes  in  covering  several  cases  at  a  time  and  fre- 
quently as  much  as  two  weeks  after  autopsies  are  held.  In 
the  opinion  of  the  Bureau,  the  failure  of  the  physicians  to  turn 
in  the  evidence  promptly,  greatly  impairs  the  value  of  a  good 
system.  The  Bureau  is  informed  that  it  is  the  custom  of  one 
of  the  physicians  to  turn  in  his  autopsy  record  form  only  in 
murder  cases,  in  which  there  is  evidence  such  as  weapons, 
bullets,  etc.  In  murder  cases  where  there  are  no  exhibits,  and 
in  personal  injury  and  suspicious  cases,  he  keeps  the  autopsy 
forms  on  file  at  his  home  and  makes  an  abbreviated  statement 
of  his  findings  on  the  Coroner's  statement  blank  forms 
which  are  filed  with  the  inquest  papers.  This  physician  states 
that  he  retains  the  autopsy  record  form  which  goes  consider- 
ably more  into  detail  than  the  statement  which  he  turns  into 
the  Coroner's  office  in  order  to  refresh  his  memory  when  called 
on  to  testify  in  such  cases  in  court.  This  practice  is  open  to 
serious  question.  The  full  data  which  the  Coroner's  physician 
preserves  for  possible  use  in  later  court  proceedings  should  be 
filed  in  the  Coroner's  office,  at  the  time  of  its  preparation. 

The  Bureau  recommends  (1)  that  Coroner's  physicians 
be  required  to  turn  in  evidence  in  murder  cases  to  the  Coro- 
ner's office  not  later  than  the  day  following  the  date  on 
which    the    autopsies    are    made;     (2)    that    in    all    murder 


60  Chicago  Bureau  of  Public  Efficiency 

and  personal  injury  eases  or  suspicions  cases,  irrespective  of 
whether  or  not  there  are  exhibits  in  the  way  of  evidence  to  be 
filed,  autopsy  records  also  be  filed  in  the  Coroner's  office  and 
not  later  than  the  day  following  the  date  on  which  the  au- 
topsies are  held. 


ISSUING  OF  DEATH  CERTIFICATES  BY  CORONER'S 
PHYSICIANS. 

Under  the  rules  of  the  city  health  department,  an  under- 
taker is  not  allowed  to  bury  a  body  until  he  has  obtained  a 
burial  permit  from  the  health  department.  And  the  Bureau 
is  informed  by  the  chief  deputy  coroner  that  in  cases  of  sudden 
death  a  burial  permit  will  not  be  issued  unless  there  is  pre- 
sented a  "certificate  and  record  of  death,"  signed  by  a  physi- 
cian who  attended  the  deceased  within  forty-eight  hours  prior 
to  death,  or  until  the  case  has  been  passed  on  by  the  Coroner. 
When  a  death  certificate  is  issued  by  a  physician  who  was  not 
in  attendance  on  the  deceased  within  forty-eight  hours  prior 
to  death,  the  certificate  is  referred  to  the  Coroner  and  a  burial 
permit  is  not  issued  until  the  Coroner  approves  the  death  cer- 
tificate or  through  one  of  his  physicians  issues  a  Coroner's 
death  certificate. 

Under  this  system  the  cases  in  which  the  Coroner  issues  or 
approves  death  certificates  may  be  divided  into  three  classes : 
(1)  Infants  under  five  years  of  age,  where  there  is  no  evidence 
of  infanticide;  (2)  very  old  people  who  die  of  senility;  (3) 
medical  eases  where  the  physician  is  satisfied  death  resulted 
from  natural  causes  due  to  some  chronic  ailment  such  as  tu- 
berculosis, etc.  Requests  for  death  certificates  usually  come 
to  the  Coroner  from  physicians,  undertakers  or  the  health  de- 
partment. These  requests  are  passed  on  first  by  the  chief 
deputy  coroner.  If  he  is  satisfied  from  the  statement  of  the 
doctor  that  death  resulted  from  natural  causes,  he  approves 


Coroner  of  Cook  County  61 

the  physician's  death  certificate,  if  one  has  been  issued;  if  a 
death  certificate  has  not  been  issued,  or  in  ease  the  doctor  who 
reports  the  case  states  that  he  has  not  personally  seen  the  de- 
ceased or  from  the  report  the  chief  deputy  is  not  satisfied  that 
death  resulted  from  natural  causes,  he  instructs  one  of  the  Cor- 
oner's physicians  to  make  an  investigation,  and,  if  after  view- 
ing the  body  and  questioning  the  relatives  or  friends,  he 
thinks  it  necessary,  to  make  a  post  mortem  examination.  If, 
as  a  result,  the  Coroner's  physician  is  convinced  that  death 
resulted  from  natural  causes,  he  has  authority  to  issue  a  death 
certificate  which  the  health  department  will  accept  and  in  ex- 
change for  which  they  will  issue  a  burial  permit.  If  he  is  not 
so  convinced,  he  advises  the  chief  deputy  coroner  and  an  inquest 
is  held.  The  Bureau  is  informed  by  the  chief  deputy  coroner 
that  he  personally  approves  on  an  average  about  eight  or  ten 
certificates  per  month  or  probably  100  per  year.  ' '  The  record 
of  doctors'  work"  shows  that  the  three  Coroner's  physicians 
issued  514  death  certificates  during  the  year  1910. 

When  a  request  comes  to  the  Coroner's  office  for  a  death 
certificate  and  the  chief  deputy  coroner  decides  that  an  in- 
vestigation is  necessary,  an  entry  is  made  on  the  blotter  and 
the  Coroner's  physician  is  notified.  If  the  physician,  after 
investigation,  issues  a  certificate,  that  information  is  also  en- 
tered on  the  blotter.  From  such  entries  postings  are  made 
to  a  book  which  contains  a  record  of  death  certificates  issued 
by  the  Coroner's  physicians  or  issued  by  other  physicians,  and 
referred  to  the  Coroner's  office  by  the  health  department  and 
approved  by  the  Coroner  or  his  chief  deputy.  This  record 
shows  the  name  of  the  deceased,  by  whom  the  death  certificate 
was  approved  or  by  whom  issued;  there  is  also  a  column  for 
remarks  in  which  the  cause  of  death  is  sometimes  shown. 
There  is  another  book  called  "The  Eecord  of  Doctors'  Work," 
which  is  also  made  up  from  the  entries  on  the  blotter.  It  shows 
the  total  number  of  death  certificates  issued  and  post  mortem 
examinations  held  during  each  month. 


62  Chicago  Bureau  of  Public  Efficiency 

The  information  contained  on  the  blotter  and  the  record 
of  death  certificates  issued  by  the  Coroner's  physicians  con- 
stitute all  the  data  on  file  in  the  Coroner's  office  in  regard  to 
the  individual  cases  in  which  death  certificates  are  issued. 
There  is  absolutely  nothing  which  shows  the  extent  and  thor- 
oughness of  the  physicians'  investigations,  the  number,  names 
and  addresses  of  witnesses  interrogated  and  the  facts  brought 
out  on  which  they  based  their  findings  and  justified  their  ac- 
tions in  dispensing  with  inquests.  It  is  true  the  certificate  and 
record  of  death  on  file  with  the  health  department  gives  the 
family  history  and  the  cause  of  death,  but  it  gives  no  support- 
ing facts  to  show  upon  what  the  physician  based  his  findings 
other  than  whether  an  ''autopsy"  or  an  "inquiry." 

It  was  the  custom  many  years  ago  under  the  administra- 
tion of  Coroner  Henry  L.  Hertz,  when  Dr.  L.  Hektoen  was 
Coroner's  physician,  to  keep  a  more  detailed  record  of  all 
cases  investigated  by  the  Coroner's  physician,  whether  in- 
quests were  held  or  certificates  issued.  The  record  was  kept 
in  a  book  called  "Investigation  Record."  It  showed  the  name 
of  deceased,  date  case  was  investigated,  place  where  investi- 
gated, cause  of  death,  names  of  persons  questioned  and  whether 
or  not  a  post  mortem  examination  or  an  inquest  was  held. 
The  entries  were  made  in  the  record  by  the  Coroner's  physi- 
cian and  signed  by  him  and  the  Coroner.  This  record  was  begun 
in  1890  and  apparently  discontinued  in  1894.  In  so  far  as  the 
records  of  the  physicians'  work,  with  regard  to  cases  where 
inquests  were  dispensed  with  and  certificates  issued,  are  con- 
cerned, the  Coroner's  office  instead  of  making  progress  in 
recent  years  has  retrograded,  for  the  record  of  twenty  years 
ago  was  far  more  complete  than  the  one  kept  at  present. 

Under  this  system  of  issuing  certificates,  the  physician  is 
given  a  wide  discretion  and  he  should  be  required  in  all 
cases  to  make  detailed  reports  showing  the  facts  upon  which 
he  bases  his  findings  so  that  they  may  be  reviewed  in  the  Cor- 


Coroner  of  Cook  County  63 

oner's  office  and  an  opportunity  given  to  detect  an  abuse  of 
that  discretion  or  to  correct  an  unintentional  error  of  judgment. 
The  Bureau  recommends  that  a  form  be  drawn  up  designed 
expressly  for  the  use  of  Coroner's  physicians  in  cases  where  they 
issue  death  certificates  and  having  printed  headings  with 
spaces  to  be  filled  out  by  the  physicians  giving  a  history  of  the 
case,  names  and  addresses  of  witnesses  examined,  findings 
in  cases  where  autopsies  are  held  and  including  other  detailed 
information  necessary  to  show  the  scope  of  the  investigation. 
The  Bureau  also  recommends  that  from  these  reports  an  an- 
nual statistical  report  be  compiled  covering  cases  in  which 
Coroner's  physicians  issue  certificates.  Among  other  infor- 
mation this  statistical  report  should  show  the  total  number  of 
certificates  issued,  cause  of  death  and  the  age,  sex,  social  con- 
dition and  nativity. 


APPENDIX 


POSSIBLE  SAVING  IN  COST  OF  INQXJESTS  AT  THE  MOEGUE   IF 

JUKORS  HAD  BEEN  PAID  BY  THE  DAY  INSTEAD 

OF  BY  THE   CASE. 


No.     of 
Payrolls 
for    Serv- 
ices Ren- 
dered 
During 
Month. 

Cost  to 

County 

as  per 

Payrolls 

at  $1  per 

Case    per 

Juror. 

No.  of 
Days  on 

Which 
Inquests 

Were 

Held. 

Would    Have 
Cost  County 
for  14  Jurors 

1   Day   a 
Week    and    7 

Jurors   5 

Days  a  Week 

at  $2.10  a  Day. 

Saving    Which    Could 
Have     Been     Effected 
if    Jurors    Had    Been 
Paid  on  a  Per  Diem 

Basis. 
Money       Per   Cent. 

1911. 

March  ....  104 

$786 

24 

$470.40 

$315.60 

40 

April    ....100 

780 

21 

426.30 

353.70 

45 

May   84 

636 

19 

470.40 

165.60 

26 

June   94 

708 

19 

455.70 

252.30 

36 

July    96 

762 

18 

441.00 

321.00 

42 

August  ...   82 

696 

24 

470.40 

225.60 

32 

Totals  ..560 

$4,368 

$2,734.20 

$1,633.80 

37 

The  cost  figures  given  in  the  above  calculations  are  based  upon  the 
actual  cost  of  holding  inquests  at  the  morgue  from  March  1  to  August 
31  1911,  as  per  duplicate  payrolls  on  file  in  the  Coroner's  office.  The 
rate,  $2.10,  used  in  the  estimated  cost  is  the  per  diem  rate  paid  jurors 
sent  by  the  County  Court  to  serve  on  insane  cases  at  the  Detention 
Hospital. 

64 


Coroner  of  Cook  County 


65 


n. 


NUMBER  OF   TIMES  DEPUTY  CORONERS'   UNOFFICIAL  CLERKS 

SERVED     ON     JURIES     IN     THE     MONTHS     OF 

MARCH    AND    AUGUST,    1911. 


MARCH 

Number  of  Number   of 

Hearings  Times    His 

Clerks.         Held  by  Clerk 

Deputy.  Served. 

A     41  41 

B     44  44 

C     49  46 

D     40  38 

E     45  39 

F     43  37 

G     45  23 

H    40  18 

I      48  14 

J * 


Totals 395 

Percentage  of  Juries  on 
Which  Clerks  Served 


300 


AUGUST 

Number   of 
Hearings 
Held  by 
Deputy. 

Number  of 

Times  His 

Clerk 

Served. 

Number  of 
Times   Clerks 

Served  with 
All    Deputies. 

35 

35 

45 

30 

17 

21 

35 

16 

31 

34 

31 

31 

23 

17 

29 

32 

23 

27 

38 

30 

35 

35 

22 

26 

34 

17 

24 

36 

34 

39 

331 


242 


73 


308 


During  the  month  of  March  there  were  twenty-six  homicide  cases 
and  forty-one  transportation  accident  cases;  of  the  former,  clerks  served 
on  nineteen,  or  73  per  cent.,  and  of  the  latter  on  twenty-three,  or  56 
per  cent. 

It  is  not  an  unusual  thing  for  two  deputy  coroners'  clerks  to  serve 
on  the  same  jury.  This  happens  in  cases  where  a  deputy  has  no  assign- 
ment and  his  clerk,  therefore,  is  at  leisure.  In  the  last  column  of  the 
above  tabulation  is  shown  the  number  of  times  the  clerks  served  with 
all  deputies  during  the  month  of  August.  A  coroner's  jury  consists  of 
six  jurors.  It  will  be  noted  that  on  the  331  juries  in  August  out  of  a 
possible  1,986  jurors,  308,  or  15  per  cent.,  were  deputies'  clerks. 


*  There  were  only  nine  deputy  coroners  holding  inquests  in  March. 


66 


Chicago  Bureau  of  Public  Efficiency 


m. 


NUMBER  AND  MOST  IMPORTANT  CLASSES  OF  CASES  (INQITESTS) 

HELD   BY   THE   CORONER  FROM   MARCH    1,    1911,    TO 

AUGUST  31,  1911,  AND  NUMBER  COVERED 

BY    CORONER'S    REPORTERS. 


Cause  of  Death- 


No.  of  In- 
quests Held. 


Transportation  Accidents — 
Chicago  Kailways  Co.  .  .  , 
Chicago  City  Railway  Co 

C.  &  N.  W.  By.  Co 

C,  M.  &  St.  P.  By.  Co. 
111.  Cent.  Railroad  Co... 
C,  R.  I.  &  P.  Ry.  Co... 

C,  B.  &  Q.  Ry.  Co 

Thirty  other  Trans.  Cos, 


47 
33 
24 
19 
26 
11 
12 
81 


Percentage  of  Cases 
No.  Covered      'Covered  by  Cor- 
by Coroner 's     oner 's  Reporters. 
Reporters. 


1 
3 

4 
4 

36 
8 
4 

42 


2 
10 
17 
21 
100 
73 
33 
52 


Total  trans,  cases. 


253 


92 


36 


Homicides    119 

Automobile  accidents   38 

Abortions 39 

Wagon  accidents   40 

Elevator  accidents 19 

Electrocutions 28 

Falling  objects 37 

Falls    179 

Burns  and  scalds 84 

Drownings    129 

Suicides    209 

Heat  prostrations 138 

Natural  causes   974 

All  other  causes 320 


104 

86 

38 

100 

31 

80 

24 

60 

10 

53 

14 

50 

11 

30 

SO 

28 

9 

11 

11 

9 

10 

4 

3 

2 

17 

2 

51 

16 

Totals    2,066 


475 


18 


Coroner  of  Cook  County 


67 


IV. 


CLASSES  OF  CASES  WHICH  IN  THE  OPINION  OF  THE  BUREAU 
SHOULD  BE  COVERED  BY  CORONER'S  REPORTERS;   ALSO 
THE   NUMBER  OF   THESE   CASES  HANDLED  IN   1910, 
AND   THE    APPROXIMATE     PERCENTAGE    COV- 
ERED BY  CORONER'S  REPORTERS. 


Approximate 

No.  such  cases  Percentage 

Handled  by  Coro-         Covered  by  Coro- 
Cause  of  Death —  nerinlOlO.  ner 's  Reporters. 

Homicides    203  86 

Transportation  accidents 577  36 

Industrial    accidents    287  72 

(Including — 
Suffocated  by  gases, 
Burned  by  metal, 
Scalded  by  hot  water. 
Killed  in  elevator. 
Caught  in  machinery, 
Building  collapse, 
Electrocutions, 
Explosions, 

Struck  by  falling  objects. 
Falling  down  elevator  shaft. 
Falling  off  his  own  wagon. 
Falling  down  ladder, 
Falling  scaffold,  etc.) 

Abortions 62  80 

Automobile  accidents   52  100 

Wagon  accidents   .• 56  60 

Totals   1,237  59 

Percentage  which  should  be  covered 100 

In  cases  not  classed  as  industrial,  but  in  which  the  causes  of  death 
are  similar  to  those  enumerated  under  industrial  accidents  and  in  which 
a  civil  liability  may  exist;  and  in  cases  in  which  death  was  supposedly 
due  to  suicide  or  accidental  drowning,  shooting,  cutting  or  poisoning,  etc., 
the  question  of  assigning  reportt.rs  should  be  determined  by  the  coroner 
in  the  light  of  the  circumstances  surrounding  each  particular  case.  Mani- 
festly no  hard  and  fast  rule  can  be  laid  down;  but  the  determining  factor 


68  Chicago  Bureau  of  Public  Efficiency 

should  be  in  the  first  class  of  cases  whether  or  not  the  information  at 
hand  indicates  the  probable  existence  of  a  civil  liability;  and  in  the 
second  whether  or  not  the  circumstances  reported  lead  to  a  suspicion  that 
a  crime  may  have  been  committed.  In  addition  to  those  classes  of  cases 
mentioned,  many  others  will,  of  course,  arise  from  time  to  time  where  it 
will  be  necessary  for  the  coroner,  as  is  his  present  custom,  to  exercise 
his  judgment. 


PMYSIC) 
♦  17 


•ne.nt 


anthly 


CORONER 


CHIEF 
DEPUTY  *ZSO 


(A) 
ZPOtiCEtrlEN 


PHYSICIAN 
*  I7S- 


CHF  PHY5ICIAN 

t-zoe— 


PuBi-ic  E.fl■lClt^ 


DEPUTY 

CORONERS 
IOgi>  >I2S- 


I    CLERKS    TO 
lOtPV  CORONERSi 
^0£ ON  ^YROL L_l 


COURT  REPORTERS 
3  ©*I50- 

TYP13TS 
3?b*IOO- 

VAULT  RECORD  CLtRK  *~" 

CLERK  *83-         CLERK  ♦Si-        5TEW6PAPHER*/i)ii 


(Aland  (B)   corried  on  pai^roll  of  CcTy  polr'ce  deparTment 
(C)Oncl  ID)   CQrrced  on  payroll   of  CounTy  hospirol 


CORONER 
(COOK  COUNTY,  ILLINOIS.) 

Chart  of  Organization  Showing  Lines  of  Authority   and   Monthly 
Rates  of  salary. 


1S7 


UBLIC 

Purposes  as  Statei 
Plan,    of   Organizatijl 


tema  of  accountiBf 

)f  purchasil 

construction  cotttu/Cti  iH^^ 


(3)    To  examine; 
bodies  with  a  view  of 
penditures. 


of    these   local 
the  efficiency  of  snfcl 


(4)     To  make  constructive  suggeGtions  fcVmpiWemezita 
in  the  directions  indicated  under  1,  2  and  3,  and  to  co-operate, 
with  public  officials   in   the   installation    of   these   improve( 
methods. 


lag  puh 
efficieno; 


ormatic 
ereby' 


\\  V\ 


THE 
OFFICE   OF   CORONER 

IN  NEW  YORK  CITY 


Summary  of  the  Findings  of  the  Commissioner 

of  Accounts  in  an  Investigation  of  the  Office, 

and  Text  of  an  Act  Abolishing  the  Same 

and  Creating  the  Office  of  Chief 

Medical   Examiner 


1916 


THE  NEW  YORK  SHORT  BALLOT  ASSOCIATION 
381  FOURTH  AVENUE,  NEW  YORK  CITY 


Investigation  of  the  Office  of  Coroner  in  New  York 

City  by  the  Commissioner  of  Accounts 

-  1914  — 

SUMMARY  OF  FINDINGS. 

The  elective  coroner  in  New  York  City  represents  a  combination  of 
power,  obscurity  and  irresponsibility  which  has  resulted  in  inefficiency  and 
malfeasance  in  the  administration  of  the  office. 

With  constant  temptation  and  easy  opportunity  for  favoritism  and 
even  extortion,  with  utter  lack  of  supervision  and  control,  and  without 
the  slightest  preparation  and  training  to  create  in  the  coroner's  mind  a 
scientific  and  professional  interest  in  the  performance  of  his  duties,  the 
present  system  could  not  have  been  better  devised  intentionally  to  render 
improbable,  if  not  impossible,  the  honest  and  efficient  performance  of  the 
important  public  function  entrusted  to  his  office. 

Of  the  65  men  who  have  held  the  office  of  coroner  since  consolidation, 
not  one  was  thoroughly  qualified  by  training  or  experience  for  the  adequate 
performance  of  his  duties. 

The  coroner  should  not  be  an  elective  officer,  since  he  has  no  questions 
of  public  policy  to  settle. 

Candidates  for  coroner  are  nominated  "to  balance  the  ticket,"  to  rep- 
resent a  given  race,  religion,  class,  political  faction  or  geographical  portion 
of  the  city.  Thus,  almost  every  consideration  except  qualification  for  the 
position  determines  his  choice. 

Many  of  the  coroners  are  absurdly  ignorant  both  as  to  the  legal  and 
the  medical  aspects  of  their  work. 

The  type  of  man  usually  elected  to  the  office  of  coroner  is  entirely 
unfit  for  the  exercise  of  judicial  functions,  as  shown  by  the  general  practice 
of  establishing  compromising  relations  with  corporations  and  others  who 
are  frequently  involved  in  litigation  before  the   Coroners'    Court. 

Many  of  the  coroners  admit  the  general  unfitness  of  the  elective 
coroner. 

Most  of  the  coroners'  physicians  in  New  York  City  have  been  drawn 
from  the  ranks  of  medical  mediocrity. 

From  the  frequent  admission  of  mistakes  or  of  inability  to  sustain 
their  medical  conclusions,  it  is  clear  that  such  conclusions  are  without 
scientific  validity. 

Some  of  the  coroners'  physicians  have  favorite  causes  of  death  which, 
without  the  shadow  of  reason,  they  are  in  the  habit  of  assigning  in  cases 
of  doubt. 

The  character  of  their  medical  examinations  may  be  judged  from  the 
fact  that  the  keeper  of  the  morgue  testified  that  they  often  merely  look 
at  the  head  of  the  body  and  that  an  examination  lasting  five  minutes  was 
an  infrequent  occurrence. 

Several  of  the  coroners  either  admit  the  complete  inadequacy  of  the 
medical  work  of  the  coroners'  physicians  or  entirely  distrust  them. 


The  coroners'  physician  under  the  present  system  is  a  law  unto  him- 
self and  is  subject  to  no  continuous  or  effective  control. 

Such  disciplinary  power  as  the  Manhattan  Board  of  Coroners  possesses 
over  its  physicians  has  been  used,  not  to  improve  the  character  of  their 
medical  woi*k,  but  rather  to  harass  and  embarrass  the  most  competent  of 
all  their  physicians. 

One  coroner's  physician  concedes  that  the  coroner's  physician  "does 
about  as  he  pleases  with  little  thorough  supervision  of  a  higher  authority 
to  hold  him  up  to  the  high  standard  that  he  should  be  held  up  to.  I  want 
to  plead  guilty  and  throw  myself  on  the  mercy  of  the  court." 

A  serious  result  of  this  lack  of  supervision  is  that  it  facilitates  extor- 
tion by'  coroners'  physicians. 

The  coroners'  physicians  not  infrequently  use  as  the  statement  of 
causes  of  death  terms  which  modern  science  has  rejected  as  meaningless. 

Far  from  being  of  assistance,  the  death  certificates  of  the  coroners' 
physicians  introduce  a  large  degree  of  error  into  the  vital  statistics  of 
the  city. 

The  continued  incompetence  of  coroners'  physicians  has  compelled  the 
Health  Department  to  accept  from  them  certificates  of  death  which  it 
would  not  accept  from  physicians  in  private  practice. 

Many  of  the  coroners'  physicians  on  the  witness  stand  showed  not  the 
slightest  concern  as  to  any  effect  which  their  work  had  upon  the  city's  vital 
statistics. 

An  analysis  of  800  inquisition  papers  made  by  Deputy  Health  Com- 
missioner Emerson  finds  that  in  320  cases,  or  forty  per  cent,  of  those 
examined,  there  is  a  complete  lack  of  evidence  to  justify  the  certified  cause 
of  death. 

The  incompetent  medical  work  of  the  coroners'  physicians  persists  in 
the  investigation  of  criminal  deaths  and  deprives  the  community  of  an 
absolutely  necessary  deterrent  to  crime. 

Numerous  homicides  have  undoubtedly  failed  of  detection  by  reason 
of  this  fact. 

So  far  as  the  activity  of  the  coroners'  office  in  New  York  City  is  con- 
cerned, infanticide  and  skillful  poisoning  can  be  carried  on  almost  with 
impunity. 

Under  the  elective  coroners'  system,  and  in  the  face  of  exceedingly 
difficult  conditions  surrounding  successful  criminal  prosecution,  New  York 
City  is  compelled  to  get  along  virtually  without  aid  from  the  science  of 
legal  medicine,  a  situation  which  exists  in  no  other  great  city  in  the  world. 

At  least  one  coroners'  physician  has  no  conception  of  the  functions  of 
his  office,  denying  that  it  is  part  of  his  function  in  first  instance  to  detect 
crime  by  medical  examination. 

The  system  of  coroners'  juries,  both  as  to  law  and  practice,  makes 
the  administration  of  justice  in  the  Coroners'  Court  a  scandal  and  a  farce. 

Coroners'  juries  can  readily  be  and  actually  have  been  packed  with 
friends  of  defendants  before  them. 

The  system  of  coroners'  juries  offers  a  ready  means  of  petty  extortion. 

Many  of  the  coroners  themselves  admit  that  the  coroners'  jury  is 
utterly  mischievous  and  should  be  abolished. 


The  records  kept  by  the  coroners'  office  are  meagre,  uninforming  and 
practically  valueless. 

In  criminal  prosecutions  the  district  attorney  usually  receives  no  ade- 
quate medical  data  whatever. 

In  the  most  important  criminal  trials,  coroners'  physicians  frequently 
testify  only  from  memory. 

Though  the  coroners'  records  in  all  cases  of  suspected  crime  are 
required  by  law  to  be  filed  forthwith  with  the  district  attorney,  yet  in  the 
month  of  July,  1914,  after  this  investigation  was  under  way,  the  Board  of 
Coroners  of  the  Borough  of  Manhattan  filed  for  the  first  time  with  the 
district  attorney  of  New  York  County  inquisition  papers  in  431  cases  in- 
volving possible  criminality.  Sixty-three  of  these  were  over  three  years 
old  and  nearly  200  were  over  one  year  old. 

In  order  to  obtain  effective  performance  of  the  work  which  the  coroners' 
office  should  do,  the  district  attorneys  of  New  York  and  Kings  Counties 
have  organized  homicide  bureaus  in  their  own  offices. 

These  bureaus  make  complete  and  independent  investigation  in  each 
ease.  Through  long  experience  they  have  come  to  pay  practically  no  atten- 
tion to  the  coroners'  investigations,  findings  or  conclusions. 

On  the  contrary,  the  district  attorneys'  investigations  are  sometimes 
impeded  by  the  bungling  interference  of  the  coroner. 

In  the  field  of  criminal  abortion,  far  from  serving  to  detect  crime,  the 
coroners'  system  has  become  an  agency  for  shielding  defendants  and  con- 
cealing criminality. 

The  same  features  of  the  coroners'  system  which  invite  this  malfeas- 
ance invite  similar  malfeasance  in  other  fields  of  crime. 

In  connection  with  abortion  cases,  coroners  have  called  or  failed  to 
call  juries  as  best  suited  their  purposes,  have  packed  juries,  have  inten- 
tionally failed  to  call  necessary  witnesses,  or  to  cause  police  investigation 
or  to  utilize  the  results  of  such  investigation  when  made. 

Where  the  available  facts  have  fairly  indicated  that  death  was  due  to 
criminal  abortion,  coroners  have  without  further  investigation  attributed 
death  to  causes  unknown. 

The  conduct  of  Coroner  Hellenstein  in  connection  with  such  cases  has 
been  particularly  scandalous. 

Coroners    have    abused    their    powers    to    compel    the    employment    of 
favored  undertakers  by  the  unfortunate  families  of  deceased  persons. 
with  favored  undertakers  for  the  purpose  of  facilitating  their  employment 

Subordinates  in  the  Coroners'  Office  have  made  disgusting  alliances 
in  coroners'  cases. 

Civil  rights  and  liabilities  have  been  profoundly  affected  by  the  findings 
of  the  coroner,  whose  action  in  many  cases  has  been  a  travesty  on  justice. 

Attempts  have  not  infrequently  been  made  to  extort  sums  of  money 
from  insurance  companies  in  return  for  findings  in  the  companies'  interest. 

Until  the  enactment  of  the  Workmen's  Compensation  Law  the  coroner 
has  scandalously  injured  the  rights  of  deceased  workmen  and  has  helped 
to  make  for  employing  corporations  cases  which  would  relieve  them  of 
liability  for  their  workmen's  deaths. 


The  Coroners'  Office  is  over-manned  with  unnecessary  and  political 
subordinates  at  salaries  grossly  in  excess  of  the  value  of  their  services. 

The  position  of  private  clerk  to  a  coroner  is  a  political  sinecure. 

No  office  supported  out  of  the  city  treasury  has  been  more  loath  to 
establish  any  system  of  efficiency  records  by  which  could  be  measured  the 
amount   and   efficiency   of    work    rendered. 

The  chief  clerk  of  the  Board  of  Coroners  for  the  Borough  of  Manhattan 
is  a  political  leader,  maintained  out  of  the  public  treasury,  who  renders 
practically  no  official  service. 

Many  petty  grafts  and  abuses  have  become  prevalent  among  employees 
of  the  coroners'  system. 

The  maintenance  of  the  present  coroners'  system  is  a  sheer  waste  of 
public  money  amounting  to  over  $172,000  per  year. 

It  cost  the  city  $11,000  a  year  to  pay  for  the  services  of  a  single  un- 
qualified coroner,  his  medio^ire  physician  and  his  personal  clerk,  who  spends 
most  of  his  time  on  his  own  private  affairs. 

That  the  elective  coroners'  system  is  inevitably  productive  of  great 
abuse  is  likewise  demonstrated  by  the  experience  of  other  communities, 
which  have  abolished  or  attempted  to  abolish  similar  systems. 

The  abuses  disclosed  by  this  investigation  have  been  found  time  and 
again  in  this  city  and  previous  attempts  to  remove  them  by  the  abolition 
of  the  coroner's  system  have  been  defeated  from  purely  selfish  political 
considerations. 

The  present  coroners'  system  cannot  be  continued  in  this  city  except 
as  a  public  scandal  and  disgrace. 

It  should  be  abolished  immediately. 

There  is  no  legal  or  moral  bar  to  such  immediate  abolition,  and  such 
abolition  is  amply  sustained  by  precedent. 

The  responsibility  for  criminal  investigation  should  be  placed  com- 
pletely in  the  hands  of  the  district  attorneys  and  the  police. 

The  scandalous  jury  system  and  the  coroners'  court  should  be  entirely 
elimiated. 

The  magisterial  functions  of  the  coroner  should  be  entrusted  to  the 
judiciary. 

A  competent  system  of  medical  examination  should  be  established. 
In  devising  such  a  system  no  experiment  is  necessary.  The  success  of  the 
medical  examiner  system  of  Massachusetts  is  beyond  question,  and  offers  a 
plan  upon  which  a  new  system  in  this  city  may  be  erected  with  everj- 
assurance  of  success. 

The  new  system  should  be  manned  by  skilled  and  experienced  patholo- 
gists, the  chief  of  whom  should  be  appointed  by  the  mayor  as  the  result  of 
a  non-assembled  competitive  examination. 

Such  a  system  of  medical  investigation  will  save  the  city  at  least 
$50,000  a  year. 

It  will  insure  the  termination  of  the  present  ignorant,  inefficient  and 
even  corrupt  performance  of  the  coroners'  function,  and  for  the  first  time 
in  the  city's  history,  it  will  invoke  in  the  protection  of  the  community  the 
science  of  legal  medicine. 

4 


AN  ACT 

To  amend  the  Greater  New  York  charter,  and  repeal  certain 
sections  thereof  and  of  chapter  four  hundred  and  ten  of  the 
laws  of  eighteen  hundred  and  eighty-two,  in  relation  to  the 
abolition  of  the  office  of  coroner  and  the  establishment  of  the 
office  of  chief  medical  examiner. 

The  People  of  the  State  of  New  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows : 

Section  1.  The  ofRce  of  coroner  in  the  city  of  New  York 
shall  be  abolished  on  January  first,  nineteen  hundred  and 
eighteen,  and  after  this  section  takes  effect,  a  vacancy  occurring 
in  such  an  office  in  any  borough  shall  not  be  filled  unless  by 
reason  of  the  occurrence  thereof,  there  shall  be  no  coroner  in 
office  in  such  borough,  in  which  case  the  vacancy  in  such  borough 
last  occurring  shall  be  filled  for  a  term  to  expire  on  January  first, 
nineteen  hundred  and  eighteen.  If,  by  reason  of  the  provisions 
of  this  section,  the  number  of  coroners  in  a  borough  be  reduced, 
the  remaining  coroner  or  coroners  in  such  borough  shall  have 
the  powers  and  perform  the  duties  conferred  or  imposed  by  law 
on  the  board  of  coroners  in  such  borough. 

Section  2.  Title  four  of  chapter  twenty-three,  sections 
fifteen  hundred  and  seventy  and  fifteen  hundred  and  seventy-one 
of  the  Greater  New  York  charter,  as  re-enacted  by  chapter  four 
hundred  and  sixty-six  of  the  laws  of  nineteen  hundred  and  one,  is 
hereby  repealed,  and  in  its  place  is  inserted  a  new  title  to  be 
numbered  four  and  to  read  as  follows: 

TITLE  IV. 

Chief  Medical  Examiner. 

Section  1570.     Organization  of  office;  officers  and  employees. 
1571.     Violent  and  suspicious  deaths ;  procedure. 
1571-a.  Autopsies ;  findings. 
1571-b.  Report  of  deaths ;  removal  of  body, 
1571-c.  Records, 
1571-d.  Oaths  and  affidavits. 


Organization  of  Office;  Officers  and  Employees. 

§  1570.  There  is  hereby  established  the  office  of  chief  medi- 
cal examiner  of  the  city  of  New  York.  The  head  of  the  office 
shall  be  called  the  "chief  medical  examiner."  He  shall  be  ap- 
pointed by  the  mayor  from  the  classified  service  and  be  a  doctor 
of  medicine,  and  a  skilled  pathologist  and  microscopist. 

The  mayor  may  remove  such  officer  upon  stating  in  writing 
his  reasons  therefor,  to  be  filed  in  the  office  of  the  municipal 
civil  service  commission  and  served  upon  such  officer,  and  allow- 
ing him  an  opportunity  of  making  a  public  explanation.  The 
chief  medical  examiner  may  appoint  and  remove  such  deputies, 
assistant  medical  examiners,  scientific  experts,  officers  and  em- 
ployees as  may  be  provided  for  pursuant  to  law.  Such  deputy 
medical  examiners,  and  assistant  medical  examiners,  as  may  be 
appointed,  shall  possess  qualifications  similar  to  those  required 
in  the  appointment  of  the  chief  medical  examiner.  The  office 
shall  be  kept  open  every  day  in  the  year,  including  Sundays  and 
legal  holidays,  with  a  clerk  in  constant  attendance  at  all  times 
during  the  day  and  night. 

Violent  and  Suspicious  Deaths;  Procedure. 

§  1571.  When,  in  the  city  of  New  York,  any  person  shall 
die  from  criminal  violence,  or  by  a  casualty,  or  by  suicide,  or  sud- 
denly when  in  apparent  health,  or  when  unattended  by  a  phy- 
sician, or  in  prison,  or  in  any  suspicious  or  unusual  manner,  the 
officer  in  charge  of  the  station  house  in  the  police  precinct  in 
which  such  person  died  shall  immediately  notify  the  office  of 
the  chief  medical  examiner  of  the  known  facts  concerning  the 
time,  place,  manner  and  circumstances  of  such  death.  Im- 
mediately upon  receipt  of  such  notification  the  chief  medical 
examiner,  or  a  deputy  or  assistant  medical  examiner,  shall 
go  to  the  dead  body,  and  take  charge  of  the  same.  Such  examiner 
shall  fully  investigate  the  essential  facts  concerning  the  circum- 
stances of  the  death,  taking  the  names  and  addresses  of  as  many 
witnesses  thereto  as  it  may  be  practical  to  obtain,  and,  before 
leaving  the  premises,  shall  reduce  all  such  facts  to  writing  and 
file  the  same  in  his  office.  The  police  officer  so  detailed  shall,  in 
the  absence  of  the  next  of  kin  of  deceased  person,  take  possession 
of  all  property  of  value  found  on  such  person,-  make  an  exact 
inventory  thereof  on  his  report,  and   deliver  such  property  to 

6 


the  police  department,  which  shall  surrender  the  same  to  the 
person  entitled  to  its  custody  or  possession.  Such  examiner  shall 
take  possession  of  any  portable  objects  which,  in  his  opinion, 
may  be  useful  in  establishing  the  cause  of  death,  and  deliver 
them  to  the  police  department. 

Nothing  in  this  section  contained  shall  affect  the  powers  and 
duties  of  a  public  administrator  as  now  provided  by  law. 

Autopsies;  Findings. 

§  1571-a.  If  the  cause  of  such  death  shall  be  established 
beyond  a  reasonable  doubt,  the  medical  examiner  in  charge  shall 
so  report  to  his  office.  If,  however,  in  the  opinion  of  such  medical 
examiner,  an  autopsy  is  necessary,  the  same  shall  be  performed 
by  a  medical  examiner.  A  detailed  description  of  the  findings 
written  during  the  progress  of  such  autopsy  and  the  conclusions 
drawn  therefrom  shall  thereupon  be  filed  in  his  office. 

Report  of  Deaths;  Removal  of  Body. 

§  1571-b.  It  shall  be  the  duty  of  any  citizen  who  may 
become  aware  of  the  death  of  any  such  person  to  report  such 
death  forthwith  to  the  office  of  the  chief  medical  examiner,  and 
to  a  police  officer  who  shall  forthwith  notify  the  officer  in  charge 
of  the  station-house  in  the  police  precinct  in  which  such  person 
died.  Any  person  who  shall  wilfully  neglect  or  refuse  to  report 
such  death  or  who  without  written  order  from  a  medical  exam- 
iner shall  wilfully  touch,  remove  or  disturb  the  body  of  any  such 
person,  or  wilfully  touch,  remove,  or  disturb  the  clothing  or  any 
article  upon  or  near  such  body,  shall  be  guilty  of  a  misdemeanor. 

Records. 

§  1571-c.  It  shall  be  the  duty  of  the  office  of  medical  exam- 
iner to  keep  full  and  complete  records.  Such  records  shall  be 
kept  in  the  office,  properly  indexed,  stating  the  name,  if  known, 
of  every  such  person,  the  place  where  the  body  was  found  and  the 
date  of  death.  To  the  record  of  each  case  shall  be  attached  the 
original  report  of  the  medical  examiner  and  the  detailed  findings 
of  the  autopsy,  if  any.  The  office  shall  promptly  deliver  to  the 
appropriate  district  attorney  copies  of  all  records  relating  to 
every  death  as  to  which  there  is,  in  the  judgment  of  the  medical 

7 


examiner  in  charge,  any  indication  of  criminality.  All  other 
records  shall  be  open  to  public  inspection  as  provided  in  section 
fifteen  hundred  and  forty-five.  The  appropriate  district  attorney 
and  the  police  commissioner  of  the  city  may  require  from  such 
officer  such  further  records,  and  such  daily  information,  as  they 
may  deem  necessary. 

Oaths  and  Affidavits. 

§  1571-d.  The  chief  medical  examiner,  and  all  deputy  or 
assistant  medical  examiners,  may  administer  oaths,  and  take 
affidavits,  proofs  and  examinations  as  to  any  matter  within  the 
jurisdiction  of  the  office. 

Section  3.  Section  eleven  hundred  and  seventy-nine  of 
such  charter  is  hereby  amended  to  read  as  follows: 

Bureaus. 

§  1179.  There  shall  be  two  bureaus  in  the  department  of 
health.  The  chief  officer  of  one  bureau  shall  be  called  the  "sani- 
tary superintendent,"  who,  at  the  time  of  his  appointment,  shall 
have  been,  for  at  least  ten  years,  a  practicing  physician,  and  for 
three  years  a  resident  of  the  city  of  New  York,  and  he  shall  be 
the  chief  executive  officer  of  said  department.  The  chief  officer 
of  the  second  bureau  shall  be  called  the  "registrar  of  records," 
and  in  said  bureau  shall  be  recorded,  without  fees,  every  birth, 
marriage,  and  death  which  shall  occur  within  the  city  of  New 
York. 

Section  4.  Section  twelve  hundred  and  three  of  such  char- 
ter is  hereby  amended  to  read  as  follows : 

Medical   Examiners'   Returns. 

§  1203,  The  department  of  health  may,  from  time  to  time, 
make  rules  and  regulations  fixing  the  time  of  rendering,  and 
defining  the  form  of  returns  and  reports  to  be  made  to  said 
department  by  the  office  of  chief  medical  examiner  of  the  city  of 
New  York,  in  all  cases  of  death  which  shall  be  investigated  by  it ; 
and  the  office  of  the  chief  medical  examiner  is  hereby  required 
to  conform  to  such  rules  and  regulations. 

Section  5.  Section  twelve  hundred  and  thirty-eight  of  such 
charter  is  hereby  amended  to  read  as  follows: 

8 


Deaths  to  be  Reported. 

§  1238.  It  shall  be  the  duty  of  the  next  of  kin  of  any  person 
deceased,  and  of  each  person  being  with  such  deceased  person  at 
his  or  her  death,  to  file  report  in  writing,  with  the  department  of 
health  within  five  days  after  such  death,  stating  the  age,  color, 
nativity,  last  occupation  and  cause  of  death  of  such  deceased 
person,  and  the  borough  and  street,  the  place  of  such  person's 
death  and  last  residence.  Physicians  who  have  attended  deceased 
persons  in  their  last  illness  shall,  in  the  certificate  of  the  decease 
of  such  person,  specify,  as  near  as  the  same  can  be  ascertained, 
the  name  and  surname,  age,  occupation,  term  of  residence  in  said 
city,  place  of  nativity,  condition  of  life ;  whether  single  or  mar- 
ried, widow  or  widower;  color,  last  place  of  residence  and  the 
cause  of  death  of  such  deceased  persons,  and  the  medical  exam- 
iners of  the  city  shall,  in  their  certificates,  conform  to  the 
requirements  of  this  section. 

Section  6.  Such  charter  is  hereby  amended  by  inserting 
therein  a  new  section,  to  be  numbered  section  fifteen  hundred 
and  eighty-five-a,  and  to  read  as  follows: 

County  Clerks  to  Exercise  Certain  Statutory  Powers  and  Duties 

of  Coroners. 

§  1585-a.  In  the  city  of  New  York  the  powers  imposed  and 
the  duties  conferred  upon  coroners  by  the  provisions  of  title  three 
of  chapter  two  of  the  code  of  civil  procedure  shall  be  exercised 
and  performed  by  the  county  clerk  of  the  appropriate  county,  and 
said  county  clerk  shall,  in  the  exercise  and  performance  thereof, 
be  subject  to  the  same  liabilities  and  responsibilities  as  are  pre- 
scribed in  such  title  in  the  case  of  coroners. 

Section  7.  Sections  seventeen  hundred  and  sixty-six  to 
seventeen  hundred  and  seventy-nine,  both  inclusive,  of  chapter 
four  hundred  and  ten  of  the  laws  of  eighteen  hundred  and  eighty- 
two,  entitled  "An  act  to  consolidate  into  one  act  and  to  declare  the 
special  and  local  laws  affecting  public  interests  in  the  city  of  New 
York,"  and  all  acts  amending  such  sections,  are  hereby  repealed. 

Section  8.  The  officers  and  employees  now  exercising  the 
powers  and  duties  which  by  this  act  are  abolished,  or  are  con- 
ferred or  imposed  upon  the  office  of  chief  medical  examiner,  in- 
cluding coroner's  physicians,  shall  be  transferred  to  the  office  of 
chief  medical  examiner.    Service  in  the  office,  board  or  body  from 

9 


which  transferred  shall  count  for  all  purposes  as  service  in  the 
office  of  the  chief  medical  examiner. 

Section  9.  All  funds,  property,  records,  books,  papers  and 
documents  within  the  jurisdiction  or  control  of  any  such  coroner, 
or  such  board  of  coroners,  shall,  on  demand,  be  transferred  and 
delivered  to  the  office  of  the  chief  medical  examiner.  The  board 
of  estimate  and  apportionment  shall  transfer  to  the  office  of  the 
chief  medical  examiner  all  unexpended  appropriations  made  by 
the  city  to  enable  any  coroner,  or  board  of  coroners,  to  exercise 
any  of  the  powers  and  duties  which  by  this  act  are  abolished  or 
are  conferred  or  imposed  upon  such  office  of  chief  medical 
examiner. 

Section  10.  Section  one  of  this  act  shall  take  effect  immedi- 
ately. The  remainder  of  the  act  shall  take  effect  January  first, 
nineteen  hundred  and  eighteen. 


The  Judges  and  the 

County  Fee 

Offices 


Statement  to  the  Tax  Payers  of 
Cook  County  by  the  Chicago 
Bureau   of    Public    Efficiency 


THE  JUDGES  AND  THE  COUNTY 
FEE  OFFICES 


k 


Statement   to   the   Tax   Payers   of  Cook   County   by   the 
Chicago  Bureau  of  Public  Efficiency 


To  the  Taxpayers  of  Cook  County : 

Public  revenues  are  being  wasted  on  useless  officials.  The 
Judges  of  the  Circuit  Court  of  Cook  County,  upon  whom  is  im- 
posed by  the  constitution  the  duty  of  fixing  the  number  of 
employes  in  the  county  fee  offices,  have  failed  in  their  duty.  They 
are  consenting  to  further  unnecessary  additions  to  the  county 
payrolls. 

For  several  months  the  Chicago  Bureau  of  Public  Efficiency, 
supported  solely  by  the  voluntary  contributions  of  public  spirited 
citizens,  has  been  engaged  in  the  study  of  the  so-called  fee 
offices.  A  report  on  the  recorder's  office  was  submitted  to  the 
judges  last  September.  The  study  of  the  county  treasurer's 
office  had  to  be  abandoned  temporarily,  because  of  the  hostile 
attitude  of  Treasurer  O'Connell.  The  judges  took  no  steps  what- 
ever to  assist  the  Bureau  in  overcoming  Treasurer  O'Connell's 
opposition  to  the  inquiry,  notwithstanding  the  fact  that  it  was 
undertaken  in  accordance  with  formal  action  of  the  judges  accept- 
ing the  offer  of  the  Bureau  to  make  these  investigations  for 
their  use  and  information.  Last  week  the  judges  allowed  Treas- 
urer O'Connell  eight  additional  employes,  despite  indications  that 
his  office  is  wastefully  managed,  and  in  face  of  the  obvious 
inference  to  be  drawn  from  the  fact  that  he  had  prevented  the 
making  of  a  report  on  his  office  in  time  to  be  of  use  in  fixing  the 
number  of  employes  for  1912. 

Advance  sheets  of  the  reports  on  the  offices  of  coroner, 
sheriff  and  clerks  of  the  circuit  and  superior  courts  were  in  the 
hands  of  the  committee  of  judges — consisting  of  Judges  Bald- 
win, Smith  and  Walker — before  the  order  fixing  the  number  of 


employes  for  1912  was  approved  by  the  court,  which  was  on 
Friday  last.  The  report  on  the  coroner's  office  was  submitted 
to  the  committee  of  judges  on  Tuesday,  December  12,  and  was 
given  to  the  public  the  next  day.  A  typewritten  copy  of  the 
report  on  the  sheriff's  office  was  submitted  to  the  committee  on 
Wednesday,  with  the  explanation  that  copies  were  not  then 
available  for  the  press  or  for  public  distribution.  The  report 
on  the  offices  of  clerk  of  the  circuit  court  and  clerk  of  the 
superior  court  was  submitted  in  like  manner  Thursday  morning. 
The  sheriff  and  the  court  clerks  each  had  been  supplied  with  a 
copy  of  the  report  dealing  with  his  particular  office. 

The  Chicago  Bureau  of  Public  Efficiency  recommended  a 
reduction  of  fifteen  in  the  staff  of  the  circuit  court  clerk.  No 
reductions  were  ordered  by  the  judges. 

The  Bureau  recommended  a  reduction  of  13  in  the  staff  of 
the  superior  court  clerk.  This  recommendation  took  into  account 
the  fact  of  the  increase  in  the  number  of  judges.  In  the  face  of 
this  recommendation,  the  judges  actually  increased  the  number 
of  employes  by  10. 

The  Bureau  recommended  that  the  sheriff's  staff  be  reduced 
by  the  ehmination  of  the  assistant  sheriff  and  four  deputy 
sheriffs.  It  took  the  position  that  no  additional  bailiffs  were 
needed  to  take  care  of  the  additional  work  caused  by  the  increase 
in  the  number  of  judges.  The  judges  ordered  no  reductions,  but 
on  the  contrary  gave  the  sheriff  ten  additional  bailiffs. 

The  Bureau  recommended  one  additional  employe  for  the 
coroner.    The  judges  gave  him  four. 

In  its  report  on  the  recorder's  office,  the  Bureau  pointed  out 
that  two  additional  employes  were  required  for  certain  work,  but 
there  need  be  no  net  increase  in  the  number,  because  there  were 
two  unnecessary  men  in  other  divisions  of  the  office.  The  re- 
corder asked  for  one  additional  employe.  A  group  of  citizens 
came  forward  with  a  request  that  the  recorder  be  given  seven 
more  employes  than  he  had  asked  for.  At  the  hearing  before  the 
judges,  the  recorder  gave  perfunctory  support  to  this  plea.  The 
judges  ordered  the  number  of  employes  in  the  recorder's  office 
increased  by  six.  There  were  special  reasons  why  the  recorder 
hesitated  to  antagonize  on  this  proposition  the  group  of  citizens 
that  urged  the  increase  in  his  staff.  The  Bureau  is  satisfied  that 
neither  the  recorder  nor  his  chief  deputy  believes  the  increase  to 
be  necessary. 

In  the  report  submitted  to  the  court  by  the  committee  of 

2 


judges,  the  Bureau  of  Public  Efficiency  was  complimented  on  its 
painstaking  work  in  the  study  of  the  fee  offices  and  the  prepara- 
tion of  reports  thereon.  But  no  attention  whatever  was  paid  by 
the  judges  to  the  recommendations  made,  in  so  far  as  they 
affected  the  number  of  employes.  It  was  said  the  reports  came 
in  too  late  to  influence  action  this  year,  but  that  statement  could 
not  possibly  apply  to  the  report  on  the  recorder's  office,  for  it  was 
submitted  to  the  judges  three  months  ago.  Possibly  the  judges 
were  justified  in  hesitating  to  put  into  immediate  operation  all 
the  reductions  that  involve  reorganization,  and  the  substitution 
of  modern  for  antiquated  methods,  such  as  the  use  of  typewriters 
in  place  of  longhand  writing  in  record  work.  But  why  should 
they  authorize  further,  and  in  some  cases  large,  increases  in  the 
absence  of  better  proof  than  was  forthcoming  as  to  the  need 
for  the  additional  employes?  Why  should  be  judges  listen  to 
the  plea  of  interested  office-holders  only,  and  pay  no  heed  to 
representatives  of  tax-paying  citizens  ? 

It  is  time  for  the  people  of  Cook  County  to  wake  up  and 
demand  that  the  waste  of  public  funds  be  stopped. 

If  they  can  legally  do  so,  the  Judges  of  the  Circuit  Court 
ought  to  reconsider  their  order  of  December  15th  fixing  the  num- 
ber of  employes  in  the  fee  offices  subject  to  their  control  and 
eliminate  practically  all  of  the  increases  that  have  been  allowed. 

CHICAGO  BUREAU  OF  PUBLIC  EFFICIENCY, 

By  the  Executive  Committee: 

JULIUS  ROSENWALD, 
GEORGE  G.  TUNELL, 
ALFRED  L.  BAKER, 
CHARLES  E.  MERRIAM. 
Chicago,  Dec.  19,  1911. 


Report  of  Committee  of  Judges   to  the   Circuit  Court  of 

Cook  County 


STATE  OF  ILLINOIS,  |       . 
COOK  COUNTY.  }      " 

IN  THE  CIRCUIT  COURT  OF  COOK  COUNTY. 

In  the  Matter  of  the  Application  of  Certain 
County  Officers  for  Assignment  of  Help. 

REPORT  OF   SPECIAL  COMMITTEE, 

to  which  was  referred  the  matter  of  the  application  of  certain  county 
officials  for  the  assignment  of  help  in  their  resective  offices  for  the  ensuing 
year. 


To  the  Judges  of  the  Circuit  Court  of  Cook  County: 

The  undersigned,  the  committee  heretofore  appointed  by  you  to  receive 
juid  consider  the  application  of  certain  county  officials  for  the  assignment 
of  help  in  their  respective  offices,  and  to  report  to  you  our  conclusions 
thereon,  beg  leave  to  submit  the  following  report. 

That  on  November  1,  1911,  an  order  was  entered  in  the  Circuit  Court, 
signed  by  the  Chief  Justice  thereof,  directing  the  several  county  officials 
affected  by  Section  9  of  Article  10  of  the  Constitution  of  the  State  of 
Illinois,  to  file  with  the  clerk  of  said  court  their  several  applications  for 
help  on  or  before  November  20,  1911,  and  to  deliver  a  copy  thereof  to  each 
judge  of  said  court. 

Owing  to  the  fact  that  the  judges  of  the  Circuit  Court  accepted,  under 
date  of  March  3,  1911,  an  offer  made  to  them  by  the  Chicago  Bureau  of 
Public  Efficiency  to  prepare  reports  on  the  fee  offices  of  Cook  County,  which 
reports,  it  was  believed,  would  be  available  for  their  use  by  December  1, 
1911,  and  from  the  fact  that  the  Bureau  was  continually  conducting 
very  exhaustive  examination  in  furtherance  of  their  offer,  we  have  made 
no  personal  inspection  of  the  offices  covered  by  this  report.  Such  an  inspec- 
tion, if  made  by  us,  without  an  appropriation,  without  facilities,  or  the 
necessary  time,  would,  at  best,  be  perfunctory  in  its  nature, — and  of  little 
value. 

The  painstaking  and  carefully  prepared  initial  report  compiled  by  the 
Bureau,  covering  the  office  of  Recorder,  which  was  submitted  to  the  judges 
in  September,  led  us  to  believe  that  the  often  discussed  question  as  to  the 
amount  of  help  needed  by  the  different  county  fee  offices  each  year,  would 
at  last  find  a  basis  for  proper  settlement. 

But  the  task  undertaken  was  enormous,  and  the  fact  that  reports  ol 
only  five  of  the  nine  fee  offices  are  at  hand — that  of  the  Recorder,  the 
Coroner,  the  Sheriff,  the  clerk  of  the  Circuit  Court,  and  the  clerk  of  th« 
Superior  Court — the  last  four  received  by  us  since  Monday,  and  only  in 
rough  draft,  while  not  reflecting  discredit  on  the  Bureau,  makes  more  appar- 
ent the  magnitude  of  their  work. 

4 


However,  the  work  done  by  the  Bureau  of  Efficiency  will  not  be  wasted, 
but  will  afford  a  basis  for  discussion  and  adjustment  of  the  necessary  help 
for  the  county  offices  in  the  future.  Many  of  the  recommendations  of 
these  five  reports,  which  we  have  received,  have  been  conveyed  to  the  differ- 
ent officials  affected,  and  in  most  cases,  when  these  officials  were  before 
us,  they  expressed  their  approval  of  the  conscientious  work  done  by  the 
Bureau  of  Efficiency,  and  its  undoubted  value  to  them  and  the  public  at 
large.  Indeed,  the  Coroner  stated  unequivocally  to  the  Committee  that 
he  intended  to  carry  into  effect  the  various  recommendations  made  by  the 
Bureau,  and  the  help  we  have  allotted  him  has  been  with  reference  to  his 
doing  so. 

The  recommendations  of  the  Bureau,  especially  as  to  changes  in  the 
Sheriff's  office,  and  as  to  those  of  the  clerks  of  the  Superior  and  Circuit 
Courts,  contemplate  quije  a  radical  reorganization  of  the  present  methods 
of  doing  business,  and  make  suggestions  which  we  do  not  feel  at  liberty  at 
this  time  to  adopt. 

It  should  be  remembered  that  these  various  county  officials  are  elected 
by  and  are  accountable  to  the  people  for  the  administration  of  their  offices, 
so  long  as  they  are  conducted  within  the  law.  The  duty  of  passing  upon 
the  number  of  employes  necessary  to  perform  the  work  devolving  upon 
these  respective  offices  rests  upon  the  judges  of  the  Circuit  Court,  but  it 
may  be  doubted  whether  that  duty  or  right  extends  to  the  length  of  per- 
mitting us  to  require  these  elective  officials  to  adopt  entirely  new  methods 
of  doing  the  business  of  their  offices  or  to  reorganize  their  forces  in 
accordance  with  the  suggestions  made  by  the  Bureau  of  Efficiency.  In  any 
event,  these  suggestions  have  been  received  by  us  too  late  to  allow  the 
necessary  time  to  fully  discuss  their  merits  by  the  representatives  of  the 
Bureau  and  the  various  officials  to  be  affected,  and  to  sufficiently  inform 
the  judges  as  to  the  practicability  of  enforcing  the  recommendations  of  the 
Bureau,  even  if  the  Committee  had  the  power.  In  fact,  none  of  the  judges, 
other  than  the  members  of  this  Committee,  have  even  seen  the  last  four 
repoi-ts  of  the  Bureau.  We  feel  confident  that  much  good  is  to  come  from 
these  painstaking  and  efficient  investigations  by  the  Bureau;  that  during 
the  year  to  come,  before  the  judges  have  again  to  pass  upon  the  matter 
of  methods  for  the  various  county  offices,  these  recommendations  can  be 
thoroughly  discussed  with  all  the  parties  interested,  full  publicity  being 
given  to  them  and  to  investigations  and  discussions,  so  that  by  another 
year  such  recommendations  may  be  made  as  will  incorporate  the  final  and 
best  judgment  of  the  judges. 

It  is  not  impossible  that  if  any  county  official  should  decline  to  follow 
recommendations  of  the  character  indicated  after  they  had  been  fully 
discussed,  and  such  recommendations  were  so  clearly  in  the  interest  of  the 
public,  and  the  proper  administration  of  the  various  offices,  in  that  the 
work  of  the  office  could  be  as  well  performed  with  a  much  less  number  of 
employes,  that  the  judges  might  decide  to  recommend  only  the  smaller 
number  of  employes  that  would  be  necessary  to  adequately  discharge  the 
duties  of  the  office  under  the  most  approved  methods. 

We,  therefore,  express  the  hope  that  this  Bureau  of  Public  Efficiency 
will  continue  and  complete  the  work  so  efficiently  begun. 

In  the  present  inquiry,  we  have  carefully  compared  the  work  of  the 

5 


office  as  reported  during  the  past  three  years,  and  have  studied  the  recom- 
mendations of  the  two  previous  committees — which  work  we  have  supple- 
mented by  the  taking  of  personal  testimony  in  public  of  each  separate 
official  affected,  and  in  most  cases  also  by  that  of  his  chief  clerk.  For  the 
lack  of  a  report  such  as  that  contemplated  by  the  Bureau,  we  have  taken 
this  testimony  as  the  best  evidence  obtainable — directly  from  the  persons 
most  vitally  concerned,  and  although  we  are  unable  to  concur  in  some  of 
their  deductions,  great  weight  must  be  given  their  testimony,  more  espe- 
cially as  some  of  the  officials  report  that  the  work  of  their  office  is  at  pres- 
ent behind  in  various  particulars.  Another  matter  which  we  have  consid- 
ered is  the  fact  that  the  personnel  of  the  majority  of  the  offices  with  which 
we  have  to  deal  changed  during  the  past  year,  and  that  much  of  the  help 
in  these  offices  is  therefore  comparatively  inexperienced. 

An  inspection  of  the  reports  and  applications  show  a  gradual,  though 
varying,  increase  in  the  amount  of  business  transacted  in  the  several  offices, 
and  a  request  for  assignment  of  help  for  the  ensuing  year  as  follows: 

Clerk  of  the  Circuit  Court: 

From  the  fact  that  the  report  of  the  clerk  of  the  Circuit  Court  shows 
a  gradual  increase  in  business,  we  recommend  that  his  request  for  the  same 
amount  of  help  as  allowed  him  last  year  be  granted;  but  that,  as  ex  officio 
clerk  of  the  Juvenile  Court,  he  be  allowed  one  efficient  and  capable  sten- 
ographer (to  be  assigned  to  the  exclusive  service  of  the  judge  of  the 
Juvenile  Court),  in  addition  to  the  help  granted  him  for  that  branch  of  his 
work  last  year. 

We  commend  his  practice  of  reporting  a  return  to  the  county  of  the 
interest  on  "Trust  Fund"  and  daily  receipts  of  his  office,  as  set  out  in  his 
report. 

Clerk   of   the   Superior  Court: 

The  report  of  the  clerk  of  the  Superior  Court  shows  a  gradual  increase 
in  the  amount  of  business  transacted,  and  presents  a  request  for  an  allow- 
ance of  fifteen  clerks  in  addition  to  the  present  staff,  on  account  of  the 
election  of  the  six  new  judges  whose  places  were  created  by  statute  last 
spring. 

Basing  our  observations  upon  the  testimony  of  the  clerk  and  his  chief 
deputy — upon  a  comparison  of  the  business  transacted  in  the  Superior  and 
Circuit  Courts  during  the  past  three  years,  upon  the  fact  that  about  two 
of  the  newly  elected  judges  will  take  the  places  of  country  judges,  who 
sat  607  days  in  the  Superior  Court  during  the  past  year,  and  upon  the 
further  fact  that  a  portion  of  their  time  may  be  spent  in  the  Criminal  or 
Appellate  Courts,  we  believe  that  the  increased  business  of  the  office  can 
be  well  cared  for  by  a  smaller  number  than  requested,  and  therefore  recom- 
mend that  ten  instead  of  fifteen  clerks  in  addition  to  the  present  staff  be 
granted. 

Clerk  of  the  County  Court: 

Inasmuch  as  the  report  of  the  clerk  of  the  County  Court  shows  a  per- 
ceptible increase  in  the  amount  of  business  done,  we  recommend  that  his 


request  for  the  same  amount  of  help  that  he  has  at  present  be  grranted 
(which  includes,  in  addition  to  those  allowed  him  last  yeai-,  two  additional 
clerks  allowed  in  June,  1911). 

Clerk  of  the  Probate  Court: 

The  report  of  the  clerk  of  the  Probate  Court  shows  a  small  increase 
in  the  business  transacted  and  requests  three  additional  clerks  or  account- 
ants for  work  upon  the  numerous  fee  books  of  the  office,  and  one  confi- 
dential clerk,  who  shall  be  exempt  from  civil  service. 

After  carefully  considering  the  very  exhaustive  report  made  by  an 
expert  accountant  in  regard  to  these  fee  books  in  1909,  and  taking  into 
account  the  fact  that  additional  clerks  were  granted  partly  to  take  care 
of  this  matter  last  year,  and  that  the  business  of  the  office  shows  no  such 
increase  in  itself  as  to  wari'ant  placing  more  men  upon  these  books,  we  do 
not  feel  justified  in  recommending  but  one  additional  clerk  for  the  use  of 
the  clerk. 

We  have  before  us  a  request  made  by  the  Hon.  Charles  S.  Cutting, 
Judge  of  the  Probate  Court,  for  a  confidential  clerk  or  private  secretary 
at  a  salary  not  exceeding  $1,500  per  year,  who  understands  probate  pro- 
cedure, so  as  to  answer  letters,  questions,  and  advise  in  regard  to  court 
matters  parties  who  insist  upon  seeing  the  judge.  Adequate  reasons  are 
presented  for  this  request,  among  others,  that  it  would  save  the  time  of 
a  clerk  of  the  Probate  Court  who  is  now  helping  to  do  such  work,  but 
particularly  in  the  saving  of  Judge  Cutting's  time  for  the  county,  and  we 
recommend  that  the  clerk  of  the  Probate  Court  be  allowed  one  additional 
capable  clerk,  who  may  be  a  stenographer,  and  who  shall  be  satisfactory 
to  and  assigned  to  the  exclusive  service  of  the  judge  of  the  Probate  Court. 

Clerk  of  the  Criminal  Court: 

The  report  of  the  clerk  of  the  Criminal  Court  shows  a  very  slight 
increase  in  the  amount  of  business  transacted  and  requests  two  additional 
indictment  record  writers  for  emergency  and  general  office  work  and  a  pri- 
vate secretary,  in  lieu  of  the  two  to  six  extra  men  (averaging  three), 
which  are  now  granted  him.  In  view  of  the  new  law  providing  for  a  system 
of  probation  for  persons  found  guilty  of  certain  defined  crimes,  etc.,  which 
necessitates  the  keeping  of  a  number  of  extra  records  in  his  office  and  the 
fact  that  this  request  does  not  really  involve  additional  help,  we  recommend 
that  the  allowance  of  two  to  six  extra  men  (averaging  three)  be  discon- 
tinued, and  that  he  be  allowed  the  two  indictment  record  writers  and  an 
additional  clerk  in  addition  to  the  remainder  of  his  present  force. 

Coroner: 

The  report  of  the  Coroner  shows  a  gradual  increase  in  the  amount  of 
work  done  by  his  office,  and  requests  one  additional  court  reporter  and 
one  additional  typist,  so  as  to  enable  him  to  cease  accepting  transcripts  of 
testimony  in  personal  injury  cases  from  stenographers  in  the  pay  of  pub- 
lic service  corporations,  who  are  parties  in  interest,  and  also  an  additional 
physician,  so  as  to  properly  care  for  the  large  amount  of  work  which  hi? 
present  force  of  three  physicians  are  unable  to  handle. 

From  the  facts  and  figures  presented  by  the  Coroner's  report  and  his 

7 


testimony  before  the  Committee,  we  believe  that  the  additional  physician 
is  needed,  and  that  the  evil  practice  above  named,  which  was  fully  gone 
into  and  reported  by  your  1909  Committee,  can  only  be  discontinued  by  the 
stenographer  and  typist  asked  for,  and  we,  therefore,  recommend  that  a 
stenographer,  a  typist  and  a  physician,  be  granted  the  Coroner,  in  addition 
to  his  present  allowance. 

A  subsequent  letter  submitted  to  the  Committee  by  the  Coroner  empha- 
sizes the  fact  that  in  order  to  be  able  to  follow  a  number  of  the  suggestions 
of  the  report  upon  his  office  of  the  Bureau  of  Public  Efficiency  he  must 
needs  be  allowed  an  additional  clerk  to  enable  him  to  perform  the  matters 
set  out,  and  we  recommend,  therefore,  that  besides  the  recommendations 
made  above  one  additional  clerk  be  granted. 

The  Committee  further  approves  and  adopts  the  following  recommen- 
dations made  by  the  Chicago  Bureau  of  Public  Efficiency  and  further 
recommends: 

1.  That  the  Coroner  requests  the  County  Board  for  an  appropriation 
for  transportation  for  his  own  use  and  for  that  of  his  deputies  in  the  dis- 
charge of  their  respective  official  duties. 

2.  That  the  use  of  passes  by  the  deputy  coroners  and  attaches  of  the 
office  be  prohibited. 

3.  That  the  use  of  "unofficial  clerks"  by  the  deputy  coroners  be  dis- 
continued. 

4.  That  the  use  of  "professional"  jurors  be  discontinued  as  far  as 
possible. 

5.  That  the  pay  checks  of  jurors  be  changed  to  a  form  which  will  be 
acceptable  at  any  bank. 

6.  That  the  scalping  of  jurors'  checks  or  certificates  be  prohibited  the 
deputy  coroners  and  attaches  of  the  office. 

7.  That  an  "investigation  record,"  accurately  showing  the  work  of  the 
office,  somewhat  similar  to  that  kept  by  Dr.  Hektoen,  while  coroner's  physi- 
cian in  1890-94,  be  resumed. 

The  Recorder: 

The  report  of  the  Recorder,  whose  office  is  divided  into  three  depart- 
ments,— the  Recording  Department,  the  Abstract  Department,  and  the  Tor- 
rens  Department — shows  a  gradual  increase  in  the  amount  of  business 
transacted. 

One  additional  clerk  is  asked  for  in  the  Recording  Department  as 
draftsman,  and  from  the  testimony,  showing  that  the  returning  of  plats 
has  been  delayed  by  the  lack  of  help  for  the  past  two  years,  we  recommend 
that  a  clerk  to  be  employed  as  draftsman,  be  granted,  in  addition  to  the 
number  of  employes  allowed  last  year. 

In  the  Abstract  Department  the  same  number  of  employes  as  were 
allowed  for  the  past  year  is  requested,  and  we  recommend  that  they  he 
granted. 

A  supplemental  report  by  the  Recorder,  in  which  was  incorporated  a 
letter  from  the  Cook  County  Real  Estate  Board  Torrens  Committee,  re- 
quested an  addition  of  seven  to  the  force  at  present  employed  in  the  Tor- 
rens  Division.     The   testimony   of   the    Recorder,   as   well  as   that  of   two 

8 


members  of  the  Committee  named  above,  in  regard  to  the  need  for  the 
additional  number  asked,  showed  that  the  value  of  this  department  lay 
in  the  expedition  with  which  the  work  could  be  done.  The  fact  that  the 
receipts  had  increased  nearly  100  per  cent,  during  the  past  four  years,  and 
over  20  per  cent,  during  the  last  year,  with  every  prospect  of  a  correspond- 
ing increase  during  the  coming  year,  together  with  the  fact  that  one  of 
those  requested  will  more  than  earn  his  wages  from  the  fees  of  work  now 
waiting,  tends  to  justify  the  granting  of  a  portion  of  the  Recorder's  re- 
quest. We  therefore  recommend  that  the  two  lady  typists  asked  for  be 
not  allowed,  and  that  one  examiner  of  titles,  one  investigator,  one  counter 
clerk,  one  typist,  and  one  messenger  boy,  be  granted  the  Recorder  in  this 
department,  in  addition  to  the  number  allowed  last  year. 

Sheriff: 

The  report  of  the  Sheriff  shows  a  small  increase  in  the  business  trans- 
acted and  asks  for  ten  bailiffs  and  six  janitresses  on  account  of  the  election 
of  seven  additional  judges,  and  one  marble  finisher's  helper  for  the  County 
Building,  as  well  as  one  female  clerk  and  matron  at  the  jail.  He  also  asks 
that  the  jail  physician  be  transferred  from  the  pay-roll  of  the  County  Agent 
to  that  of  the  Sheriff,  and  he  stated  to  us  that  this  arrangement  would  be 
satisfactory  to  the  County  Agent. 

Afer  considering  the  representations  made  by  the  Sheriff  and  his  chief 
deputy  as  to  the  need  for  the  increase  in  help  requested,  after  comparing 
the  data  of  the  last  tbree  years,  and  after  considering  the  fact  that  seven 
new  judges  have  lately  been  elected,  some  of  whose  time  can  be  saved  for 
the  county  by  the  used  of  a  personal  bailiff,  we  are  of  the  opinion  that  the 
granting  of  his  request  will  better  subserve  the  county's  interests,  and, 
therefore,  recommend  that  ten  bailiffs,  six  janitresses  and  one  marble  fin- 
isher's helper  for  the  County  Building,  as  well  as  one  female  clerk  and 
matron  at  the  jail,  be  granted  in  addition  to  his  present  allowance  of  help. 
We  also  recQfnmend  that  the  present  jail  physician  be  transferred  to  the  pay- 
roll of  the  Sheriff,  as  requested,  if  it  can  be  done  by  a  satisfactory  agree- 
ment with  the  County  Agent. 

County  Treasurer: 

The  report  of  the  County  Treasurer  shows  a  fair  increase  in  the  amount 
of  business  transacted,  and  asks  for  eighteen  additional  clerks  and  a  private 
secretary,  but  suggests  that  the  allowance  of  five  clerks  for  six  months  and 
of  six  clerks  for  four  months,  which  has  been  allowed  for  the  past  year, 
be  discontinued.  As  a  basis  for  his  request  he  points  to  the  increase  in 
business,  and  suggests  that  it  is  his  policy  to  place  the  highest  grade  of 
men  on  his  regular  pay-roll;  that  it  is  impossible  to  obtain  the  class  of  help 
necessary  in  his  office  for  either  four  or  six  months'  periods,  and  that  he 
will  better  be  able  to  serve  the  county  by  retaining  the  best  men  upon  his 
regular  pay-roll  continuously  than  by  hiring  mediocre  men  for  such  short 
periods. 

Taking  into  consideration  the  number  of  men  whose  short  time  service 
he  wishes  to  dispense  with,  whose  work  approximates  that  of  five  men 
working  full  time,  the  net  increase  asked  is  fourteen  men,  including  a 
private  secretary.     Although  we  recognize  the  force  of  his  contentions,  we 


are  unable  to  say  that  the  increase  in  business  justifies  the  whole  number 
asked  for,  and  we  therefore  recommend  that  the  allowance  of  the  five  clerks 
for  six  months  and  six  clerks  for  four  months  be  discontinued,  and  that  the 
County  Treasurer  be  granted  thirteen  additional  clerks,  in  addition  to  the 
remainder  of  his  present  allowance. 

Juvenile  Court: 

Pursuant  to  the  provisions  of  the  Juvenile  Court  Act,  we  recommend  that 
a  rule  by  entered  of  record  provided  for  thirteen  assistant  probation 
officers  (three  of  whom  shall  be  heads  of  divisions)  and  one  probation 
stenographer,  in  addition  to  the  force  heretofore  allowed.  Your  Committee 
has  made  no  personal  investigation  in  this  matter,  but  has  consulted  with 
Judge  Pinckney  and  has  adopted  his  suggestions  in  the  premises. 

We  have  received  a  request  from  Judge  Pinckney  for  the  allowance  of  a 
confidential  clerk  or  private  secretary,  at  a  salary  not  exceeding  $1,500  per 
yeai%  for  use  in  his  work  in  connection  with  the  Juvenile  Court,  because  of 
the  large  detail  incident  to  the  work  which  devolves  upon  him.  We  have 
heretofore  recommended  that  the  clerk  be  allowed  to  supply  the  additional 
help. 

Judge  Pinckney  suggests  that  the  judges  of  the  Circuit  Court  join  in 
a  recommendation  to  the  County  Board  that  they  increase  the  salaries  of 
the  adult  probation  officers  from  $100  to  $110  per  month,  the  increase 
being  intended  to  cover  traveling  expenses.  There  being  no  provisions 
under  the  adult  probation  law  whereby  such  expenses  can  be  allowed  in  any 
other  way.  And,  further,  the  chief  probation  officer  reports  that  the  Munic- 
ipal Court  judges  have  already  taken  affirmative  action  on  a  like  request 
by  the  City  Council.  We  recommend  the  adoption  of  Judge  Pinckney's 
suggestion  that  we  join  in  such  a  recommendation  to  the  County  Board. 

Jury  Commissioners: 

The  Jury  Commissioners  request  the  addition  of  one  clerk  to  the  force 
allowed  them  last  year  by  the  courts  of  record  of  Cook  County.  We  recom- 
mend that  the  staff  of  the  Jury  Commissioners  be  increased  by  the  addition 
of  one  clerk  named,  because  of  the  increase  in  the  amount  of  work  done 
in  this  office,  and  this  recommendation  is  also  approved  by  the  judges  of 
the  Superior,  Probate  and  County  Courts  of  Cook  County,  who  share  with 
us  the  duty  of  fixing  the  number  of  these  employes.  We  further  recom- 
mend that  the  allowance  made  for  four  assistants  for  a  period  of  six 
months  for  certain  special  work  which  has  been  completed,  be  discontinued. 

The  several  requests  for  private  secretaries  or  confidential  clerks  have 
not  been  allowed  because  the  law  does  not  provide  for  them. 


M 


A  SECOND  PLEA  FOR  PUBLICITY 

IN     THE     OFFICE     OF 

COUNTY  TREASURER 


(P 


S' 


f}^ 


A  STATEMENT  TO  THE  VOTERS  OF 
COOK  COUNTY 

BY   THE 

CHICAGO  BUREAU  OF  PUBLIC  EFFICIENCY 
*^^  315  PLYMOUTH  COURT 


CHICAGO  BUREAU 

OF 

PUBLIC  EFFICIENCY 


TRUSTEES 


Julius  Rosenwald,  Chairman 
Alfred  L,  Baker,  Treasurer 
Onward  Bates  Charles  R.  Crane 

Henry  B.  Favill  Walter  L.  Fisher 

George  G.  Tunell  Allen  B.  Pond 

Victor  Elting 


Harris  S.  Keeler,  Director 
George  C.  Sikes,  Secretary 
T.  W.  Betak,  Accountant 


Peter  White,  Consulting  Accountant 


A  SECOND  PLEA  FOR  PUBLICITY 

I N      THE      OFFICE      OF 

COUNTY  TREASURER 


In  submitting  this  Second  Plea  for  Publicity  in  the 
Office  of  County  Teeasurer  to  the  voters  of  Cook  County, 
the  Chicago  Bureau  of  Public  Efficiency  seeks  to  direct 
public  attention  to  an  important  issue  involved  in  the 
selection  of  the  County  Treasurer  and  the  members  of 
the  Board  of  Cook  County  Commissioners  to  be  chosen 
at  the  election  of  November  3  next. 

THE  FIRST  "PLEA  FOR  PUBLICITY." 

On  October  9,  1911,  the  Bureau  put  forth  a  statement 
entitled  *'A  Plea  for  Publicity  in  the  Office  of  County 
Treasurer. ' '  This  original ' '  Plea  for  Publicity ' '  resulted 
directly  from  the  refusal  of  the  County  Treasurer  to  per- 
mit the  Bureau  to  conduct  an  investigation  for  the  pur- 
pose of  making  a  report  to  the  Judges  of  the  Circuit 
Court  upon  the  amount  of  help  needed  for  the  proper 
administration  of  his  office.  The  ''Plea  for  Publicity" 
was  broader,  however,  than  the  immediate  issue  involved. 
It  called  attention  to  the  policy  of  secrecy  surrounding 
the  administration  of  the  office  and  demanded  full  pub- 
licity of  its  affairs,  as  is  shown  by  the  following  excerpts 
taken  from  that  report : 

**  "Wholly  apart  from  the  need  for  access  to  the  books 
as  an  aid  in  fixing  the  number  of  employes,  the  books 
ought  to  be  regarded  as  public  documents,  open  to 
the  inspection  of  citizens,  under  reasonable  regula- 


i  Chicago  Bureau  of  Public  Efficiency. 

tions.  Public  business  should  be  carried  on  publicly. 
It  is  preposterous  for  an  official  like  the  County 
Treasurer,  handling  millions  of  dollars  of  public 
funds,  to  say  that  he  will  be  a  law  unto  himself,  and 
keep  important  transactions  of  his  office  secret.  It  is 
no  sufficient  answer  to  say  in  defense  of  the  policy  of 
secrecy,  as  Treasurer  O'Connell  does  say,  that  he  is 
responsible  to  his  bondsmen. 

' '  The  public  ought  to  be  able  to  find  out  in  what  de- 
positaries its  funds  are  kept,  the  interest  payments 
thereon,  and  other  conditions  surrounding  the  col- 
lection and  disbursements  of  money  that  are  now 
concealed  from  the  scrutiny  of  citizens.    *    *    * 

''Sound  public  policy  requires  that  the  books  and 
records  of  the  office  of  County  Treasurer  be  opened 
to  public  inspection  to  such  extent  as  may  be  neces- 
sary to  enable  taxpayers  to  understand  how  public 
business  is  conducted  and  how  public  funds  are  han- 
dled.    *     *     * 

''The  present  head  of  the  office  is  not  responsible, 
of  course,  for  usages  and  abuses  of  long  standing. 
But  in  deliberately  seeking  to  thwart  the  spirit  of  the 
times  that  calls  for  improvement  in  administrative 
practices,  and  especially  in  trying  to  keep  the  public 
in  darkness  as  to  how  the  office  is  managed,  the  pres- 
ent County  Treasurer  is  pursuing  a  course  that  is 
manifestly  reprehensible  and  that  ought  to  bring 
down  upon  him  the  condemnation  of  public  opinion 
in  this  community. ' ' 

PUBLIC  BUSINESS  SHOULD  BE  CARRIED  ON  PUBLICLY. 

In  November,  1911,  immediately  following  the  issuance 
of  the  original  "Plea  for  Publicity,"  the  Bureau  decided 
to  undertake  an  investigation  of  the  Treasurer's  records 
and  accounts  for  the  purpose  of  ascertaining,  if  possible, 
how  the  public  funds  in  that  office  were  being  handled  and 
whether  or  not  the  interest  thereon  was  being  accounted 
for.  The  report  of  the  Bureau  issued  in  November,  1913, 
entitled  "The  Office  of  County  Treasurer — An  Inquiry 


A  Second  Plea  for  Puhlicity.  5 

into  the  Administration  of  its  Finances  with  Special  Ref- 
erence to  the  Question  of  Interest  on  Public  Funds, ' '  was 
based  upon  the  investigation  then  undertaken. 

The  decision  to  make  such  an  investigation  was  prompt- 
ed in  part  by  the  fact  that  on  several  occasions  previous 
to  that  time  Treasurer  0  'Connell  had  denied  the  right  of 
taxpayers  and  citizens  to  inspect  the  books  and  records  of 
his  office,  and  had  stated  to  officials  of  the  Bureau  that  he 
would  not  permit  an  examination  of  his  books  of  account, 
especially  his  ledger  accounts,  because  such  an  examina- 
tion might  disclose  information  which  he  did  not  wish  to 
become  public. 

The  Trustees  of  the  Bureau  took  the  position  that  pub- 
lic business — especially  the  public  business  of  an  official 
like  the  County  Treasurer,  who  is  entrusted  with  the  col- 
lection and  custody  of  public  funds — should  be  carried  on 
publicly.  They  were  of  the  opinion,  moreover,  that  the 
Treasurer  was  legally  obliged  to  open  his  books  and  rec- 
ords to  the  inspection  of  citizens  and  taxpayers  under 
reasonable  conditions.  Acting  on  this  latter  assumption, 
four  of  the  Trustees  of  the  Bureau  went  in  person  to  the 
office  of  the  Treasurer,  and,  as  citizens  and  taxpayers, 
made  a  formal  demand  upon  Mr.  0 'Connell  for  permis- 
sion to  examine  his  books.  AYhen  this  demand  was  made, 
Mr.  0 'Connell  receded  from  his  former  position  to  the 
extent  of  saying  that  the  ''public"  records  of  the  office 
might  be  inspected. 


6  Chicago  Bureau  of  Public  Efficiency. 

NO  RECORDS  OF  BANK  DEPOSITS  OR  INTEREST  EARNINGS. 

Such  records  as  were  placed  at  the  disposal  of  the  ac- 
countants of  the  Bureau  in  response  to  the  formal  demand 
of  the  Trustees  were  only  a  portion  of  the  records  of  the 
office.  Later  the  Bureau  accountants  discovered  certain 
supplemental  records  and  became  acquainted  ^vith  the 
nature  of  their  contents,  but  were  not  allowed  to  draw  off 
any  detailed  data  from  them  on  the  ground  that  they 
were  not  ''public"  records. 

Neither  the  records  placed  at  the  disposal  of  the  ac- 
countants of  the  Bureau  nor  the  supplemental  records 
subsequently  discovered  contained  any  entries  showing 
the  Treasurer's  accounts  ivith  the  hanks  or  interest  earn- 
ings on  bank  deposits.  In  fact,  although  he  has  since 
made  certain  interest  payments  to  the  County,  which  ob- 
viously must  have  been  computed  from  some  record,  Mr. 
OConnell,  in  November,  1911,  stated  to  the  Trustees  of 
the  Bureau  that  he  kept  no  books  or  records  showing 
either  his  deposits  with,  the  banks  or  the  interest  earn- 
ings on  such  deposits. 

After  being  denied  an  opportunity  to  obtain  from  the 
Treasurer's  records  definite  data  concerning  the  actual 
cash  transactions  of  his  office,  the  Bureau  accountants,  at 
great  labor  and  expense,  were  able  to  approximate  closely, 
from  data  which  were  available,  the  daily  cash  balances 
of  the  Treasurer  for  the  fiscal  year  1911 — from  Decem- 
ber 5,  1910,  to  December  4,  1911.  On  the  basis  of  those 
balances — at  2|  per  cent,  the  rate  paid  by  the  banks  on 
funds  deposited  by  the  City  of  Chicago — the  County 
should  have  received  $281,526.18  as  interest  upon  funds 
in  the  hands  of  the  County  Treasurer  for  the  fiscal  year 
1911.     The  amount  actually  paid  over  by  the  County 


A  Second  Plea  for  Publicity,  7 

Treasurer  was  $150,557.39,  or  $130,968.79  less  than  the 
amount  which  the  Bureau  conservatively  estimates  should 
have  been  received  and  turned  over. 

OVER  $500,000  IN  INTEREST  LOST  TO  PUBLIC. 

The  Treasurer  in  1912,  and  again  in  1913,  tendered  to 
the  County  Board  a  somewhat  larger  amount  of  interest 
than  was  paid  over  in  1911.  There  appears  to  be  no  rea- 
son, however,  for  estimating  the  excess  which  the  County 
should  have  received  in  those  years  to  be  less  than  it  was 
in  1911.  On  the  basis  of  the  1911  figures,  for  a  four  year 
term  of  County  Treasurer,  the  amount  of  interest  which 
the  County  should  receive,  in  addition  to  the  amount 
actually  turned  over,  would  be  considerably  more  than 
$500,000. 

The  County  Treasurer  turned  over  to  the  County  as  in- 
terest for  1911  the  sum  of  $150,557.39,  less  $5,400 
arbitrarily  deducted  for  ''attorneys'  fees."  There  was 
no  inquiry  or  accounting  by  the  County  Board  to  ascer- 
tain if  this  was  all  the  interest  earned.  The  Board,  in  ac- 
cepting the  lump  sum,  passed  a  resolution  discharging 
the  Treasurer  from  any  and  all  claims  which  might  ac- 
crue ''by  reason  of  the  payment  or  non-payment  of  said 
interest  or  earnings  upon  said  moneys,  as  aforesaid, 
whether  accruing  to  said  Cook  County  or  to  any  other 
municipal  corporation. ' ' 

In  January,  1913,  the  present  County  Treasurer  ten- 
dered to  the  County  Board  $162,212.53  as  interest  earned 
on  various  funds  held  by  him  for  the  fiscal  year  ending 
December  2,  1912.  He  wanted  a  waiver  resolution  and 
expected  the  Board  to  accept  the  lump  sum  offered  with- 
out an  accounting.  The  Finance  Committee,  as  then 
constituted,  took  a  different  view  of  the  matter.    It  of- 


8  Chicago  Bureau  of  Public  Efficiency. 

fered  to  take  the  money  and  to  guarantee  the  Treasurer 
against  harm  on  account  of  suit  or  claim  by  any  other  mu- 
nicipality for  money  paid  to  the  County.  It  insisted, 
however,  upon  this  proviso :  ' '  That  this  resolution  shall 
in  no  wise  affect  any  claim,  aside  from  said  sum  of  $162,- 
212.53,  which  the  said  County  of  Cook  may  have  against 
the  said  William  L.  O'Connell  for  any  interest  that  may 
have  come  into  his  hands  on  funds  held  by  him  as  County 
Treasurer  or  ex-ofificio  collector."  It  was  explicitly 
stated,  too,  that  the  right  of  the  Board  to  audit  the  books, 
records  and  accounts  of  the  Treasurer  was  not  waived. 

The  presentation  of  this  resolution,  the  adoption  of 
which  was  prevented  by  the  Treasurer's  friends  on  the 
Board,  precipitated  the  conflict  between  the  eight  Com- 
missioners constituting  the  majority  of  the  Board  on  one 
side,  and  the  seven  Commissioners  constituting  the  mi- 
nority on  the  other.  The  minority  Commissioners  have 
fought  consistently  to  force  the  Treasurer  to  an  account- 
ing for  interest  earned  and  otherwise  to  open  his  office 
to  public  inspection.  The  eight  Commissioners  on  the 
other  side  have  fought  as  consistently  to  save  the  Treas- 
urer from  an  accounting  and  otherwise  to  uphold  the 
policy  of  secrecy  in  the  management  of  the  office. 

RIGHT  TO  EXAMINE  BOOKS  DENIED. 

As  matters  stand,  therefore,  the  County  Treasurer  de- 
nies, not  only  to  representatives  of  citizen  organizations 
but  to  the  County  Board  as  well,  the  right  to  examine  and 
audit  his  accounts  or  to  understand  the  financial  opera- 
tions of  liis  office.  It  is  preposterous  that  the  eight  Com- 
missioners constituting  the  majority  of  the  County  Board 
should  uphold  the  Treasurer  in  this  position. 

After  much  delay,  and  when  he  found  it  impossible  to 


A  Second  Plea  for  Puhlicity.  9 

secure  from  the  County  Board  the  kind  of  resolution  he 
desired,  the  County  Treasurer  paid  over  the  $162,212.53 
as  interest  earned  on  funds  in  his  possession  during  the 
fiscal  year  1912.  Subsequent  lump  sum  payments  have 
been  made  in  the  same  manner  without  accounting  to  show 
whether  or  not  the  sums  paid  represented  all  the  interest 
earned. 

In  its  report  of  November,  1913,  on  the  Office  of  County 
Treasurer,  in  which  the  facts  were  recited  relating  to  the 
question  of  interest  on  funds  in  the  hands  of  the  County 
Treasurer,  the  Bureau  recommended  to  the  County 
Board : 

''1.  That  it  demand  from  Treasurer  0 'Council  a 
full  and  complete  accounting  in  the  matter  of  inter- 
est on  bank  deposits  and  of  all  other  fees,  perquisites, 
and  emoluments  of  his  office,  and 

' '  2.  That  in  case  of  his  failure  to  make  such  an  ac- 
counting, the  Board  institute  legal  proceedings,  not 
only  to  compel  him  to  render  an  account,  but  to  re- 
cover such  interest  or  other  fees,  perq;uisites  or 
emoluments,  if  any,  as  he  may  have  failed  to  pay  over 
to  Cook  County. ' ' 

The  County  Treasurer  has  failed  to  account  for  inter- 
est on  bank  deposits.  He  has  declined  to  allow  either  cit- 
izens or  the  County  Board  to  know  the  financial  transac- 
tions of  his  office.  Despite  the  vigorous  efforts  to  that 
end  of  the  seven  Commissioners  constituting  the  minor- 
ity of  the  County  Board,  the  eight  Commissioners  con- 
stituting the  majority  of  the  Board  have  stood  in  the  way 
of  action  to  compel  an  accounting. 


10  Chicago  Bureau  of  Public  Efficiency. 

THE  ISSUE  NOW  UP  TO  THE  VOTERS. 

The  issue  is  up  to  the  voters  of  Cook  County,  upon 
whom  devolves  the  duty  of  choosing  County  Treasurer 
and  County  Commissioners.  It  is  public  money  furnished 
by  taxpayers  that  is  handled  by  the  County  Treasurer. 
The  way  to  secure  publicity  in  the  office  of  County  Treas- 
urer is  for  the  people  to  insist  that  the  candidates  elected 
as  Treasurer  and  as  County  Commissioners  shall  be 
pledged  to  publicity  in  the  management  of  public  busi- 
ness, and  shall  be  men  of  such  character  as  to  justify 
public  confidence  that  they  will  keep  their  pledges. 

The  Chicago  Bureau  of  Public  Efficiency  does  not  in- 
dorse or  condemn  candidates  for  public  office.  Nor  does 
it  pledge  candidates  for  office  to  particular  policies.  It 
merely  presents  this  statement  in  the  hope  that  it  may 
help  to  inform  the  public  and  assist  in  focussing  atten- 
tion upon  the  issue  at  stake. 

Chicago  Bukeau  of  Public  Efficiency, 
Hakris  S,  Keeler, 
Director. 
July  9, 1914. 


137 


PRIOR  PUBLICATIONS. 


1    Method  of  Preparing  and  Administering  the  Budget  of  Oook  Oonnty, 
Illinois.      January,  1911. 

3  Proposed  Purchase  of  Voting  Hachlnes  by  the  Board  of  Election 

Commissioners  of  the  City  of  Chicago.    May,   1911.     (Out  of 
Print.) 
8    Street  Pavement  Laid  In  the  City  of  Chicago:    An  Inquiry  Into 
Paying  Materials,  Methods  and  Results.    June,  1911.     (Out  of 
Print.) 

4  Electrolysis  of  Water  Pipes  In  the  City  of  Chicago.    July,   1911. 

(Out  of  Print.) 

5  Administration  of  the  Office  of  Recorder  of  Cook  County,  IllinolB. 

September,  1911. 

6  A  Plea  for  Publicity  in  the  Office  of  County  Treasurer.    October, 

1911.     (Out  of  Print.) 

7  Eepairing  Asphalt  Pavement:    Work  Done  for  the  City  of  Chicago 

Under  Contract  of  1911.    October,  1911.     (Out  of  Print.) 

8  The  Municipal  Court  Acts:     Two  Belated  Propositions  Upon  Which 

the  Voters  of  Chicago  Will  Be  Asked  to  Pass  Judgment  at  the 
Election  of  November  7 — Vote  No.  October  31,  1911.  (Out  of 
Print.) 

9  The  Water  Works  System  of  the  City  of  Chicago.    By  Dabney  H. 

Maury.    December,  1911. 

10  Bureau  of  Streets;  Civil  Service  Commission;   and  Special  Assess- 

ment Accounting  System  of  the  City  of  Chicago.  December, 
1911. 

11  Administration  of  the  Office  of  Coroner  of  Cook  County,  Illinois. 

December,  1911. 

12  Administration  of  the  Office  of  Sheriff  of  Cook  County,  Illinois.    De- 

cember, 1911. 
18    Administration  of  the  Office  of  Clerk  of  the  Circuit  Court  and  of  the 
Office  of  Clerk  of  the  Superior  Court  of  Cook  County,  Illinois. 
December,  1911. 

14  The  Judges  and  the  County  Fee  Offices.    December  19,  1911. 

15  General  Summary  and  Conclusions  of  Report  on  the  Park  Ctovem- 

ments  of  Chicago.    December,  1911. 

16  The  Park  Ck)vemments  of  Chicago:    An  Inquiry  Into  Their  Organ- 

ization and  Methods  of  Administration.    December,  1911. 

17  Offices  of  the  Clerks  of  the  Circuit  and  Superior  Courts:    A  Supple- 

mental Inquiry  Into  Their  Organization  and  Methods  of  Admin- 
istration.   November,  1912. 

18  Administration  of  the  Office  of  the  Clerk  of  the  County  Court  of 

Cook  County,  Illinois.    November,  1912. 

19  Office  of  Sheriff  of  Cook  County,  Illinois:    A  Supplemental  Inquiry 

Into  Its  Organization  and  Methods  of  Administration.  Novem- 
ber, 1912. 

20  Growing  Cost  of  Elections  in  Chicago  and  Cook  County.    December 

30,  1912. 

21  The  Voting  Machine  Contract.    A  Protest  Against  Its  Recognition 

in  Any  Form  by  the  City  Council  of  the  City  of  Chicago.  Jan- 
uary 1,  1918. 

22  The  Office  of  the  County  Treasurer  of  Cook  County,  Illinois.     An 

Inquiry  into  the  Administration  of  Its  Finances  with  Special 
Reference  to  the  Question  of  Interest  on  Public  Funds.  No- 
vember, 1913. 

23  The  Nineteen  Iiocal  Ck)vemments  in  Chicago.     December,  1913. 

24  The  Bond  Issues  to  Be  Voted  Upon  April  7,  1914.    March  30,  1914. 


CHICAGO      BUREAU 

OP 

PUBLIC  EFFICIENCY 

Purposes  as  Stated  in  the 
Plan  of  Organization 

(1)  To  scrutinize  the  systems  of  accounting  in 
the  eight  local  governments  of  Chicago. 

(2)  To  examine  the  methods  of  purchasing 
materials  and  supplies  and  letting  and  executing 
construction  contracts  in  these  bodies. 

(3)  To  examine  the  payrolls  of  these  local 
governing  bodies  with  a  view  of  determining  the 
efficiency  of  such  expenditures. 

(4)  To  make  constructive  suggestions  for  im- 
provements in  the  directions  indicated  under  1,  2 
and  3,  and  to  co-operate  with  public  officials  in 
the  installation  of  these  improved  methods. 

(5)  To  furnish  the  public  with  exact  informa- 
tion regarding  public  revenues  and  expenditures, 
and  thereby  promote  efficiency  and  economy  in 
the  public  service. 


THE 


TEEN  LOCAL  GOVERNMENTS 
IN  CHICAGO 


i 


A  MULTIPLICITY  OF  OVERLAPPING  TAXING 
BODIES  WITH  MANY  ELECTIVE  OFFICIALS 


WHY  THE    CHICAGO  VOTER  IS    OAZEO 


HE   IS   tXPHrrtD  TO  CHOOSE   144  PUBLIC    OFFICIALS 


CHICAGO'S  GREATEST  NEEDS  ARE  THE  UNIFICATION 

OF   ITS  LOCAL  GOVERNMENTS 

AND  A  SHORT  BALLOT 


PREP  A  R  ED     BY     1   H  E 
UREAU  OF  PUBLIC  EFFICIENCY 


SECOND  EDITION 
MARCH.    1915 


PRIOR  PUBLICATIONS. 


Meiiliod  ot'^repating  and  AdirUniBtet'mg  the  Budget  of  Cook  County, 

January,  1911.  ' 

Proposed  l^rchase  of  Voting  Mactalnes  hy  the  Board  of  Election  Coi 

aioners  of  the  City  of  Chicago.    May,  1911.    (Out  of  Print.) 
Street  Pavement  Laid  in  the  City  of  Chicago:    An  Inquiry  Into  Paving 

rials.  Methods  and  BesultB.    June,  1911.    (Out  Of  Print.) 
Electrolysis  of  Water  Pipes  in  the  Olty  of  Chicago.    July,  1911. 

Print.) 
Administration  of  the  Ofjice  of  Recorder  of  Cook  County,  IllinoiB.    Septoi 

1911. 
A  Plea  for  Publicity  in  the  OJDice  of  County  Treasurer.    October,  1911. 

Of  Print.) 
Bepairing  Asphalt  Pavement:     Work  Done  for  the  City  of  Chicago 

Contract  of  1911.    October,  1911.    (Out  of  Print.) 
The  Municipal  Court  Acts:    Two  Belated  Propositions  U!pon  Which  the 

of  Chicago  Will  Be  Asked  to  Pass  Judgment  at  the  Election  of  Novt 

7— Vote  No.    October  31,  1911.     (Out  of  Print.) 

The  Water  Works  System  of  the  oity  of  Chicago,    By  Dabney  H. 

December,  1911. 
Bureau  of  Streets;  Civil  Service  Commission;  and  Special  Assessment  Ac< 

ing  System  of  the  Oity  of  Chicago.    December,  1911. 
Administration  of  the  Office  of  Coroner  of  Cook  County,  lUinois.    Deceii 

1911- 
Administration,  of  the  Oiffice  of  Sheriff  of  Cook  County,  Illinois.    Dccel 

1911. 
Administration  of  the  Office  of  <31erk  of  the  Citcolt  Court  and  of  the 

Clerk  of  the  Superior  Court  of  Cook  County,  lU^ois.    December, 
The  Judges  and  the  County  Fee  Offices.    December  19,  1911. 
CJeneral  Summary  and  Conclusions  of  Beport  on  the  Park  Governments  of j 

cago.    December,  1911. 
The  Park  Gtovemments  of  Cbicago:    An  Inquiry  Into  Their  Organizatioi 

Methods  of  Administration.    December,  1911. 
Offices  of  the  Clerks  of  the  Circuit  and  Superior  Courts:     A  Suppler 

Inquiry  Into  Thetr  Organization  and  Methods  of  Administration.    N( 

ber,  1912. 
Administration  of  the  Office  of  the  Clerk  of  the  County  Court  of  Cook  Co 

IlUnoiB.    November,  1912. 

omce  of  Sheriff  of  Cook  County,  Illinois:    A  Supplemeniii^ 
Organization  and  Methods  of  AOmiiUstratlon.    Nove  "* 

Growing  Cost  of  Elections  in  COiicago  and  Cook  County. 

Tb>3  Voting  Machine  Contract.    A  Protest  Agalnat  Its 
Foi-m  by  the  City  Council  of  the  City  of  Ohloago. 

'  22  The  Office  of  the  County  Treasurer  of  Cook  County, 
the  Administration  of  Its  Finances  vtitk  Spasul 
of  Interest  on  Public  Funds.    November,  1818. 

riiG  Nineteen  Local  Ok>vornments  in  Chicago.    December, 

lie  Bond  Issues  to  Be  Voted  Upon  April  7,  1914.    March  80,  1^| 

'  S(  (Olid  Plea  for  Publicity  in  the  Office  of  County  Trensurer. 


14 
15 


16 


f  1 


18 
If) 


20 
21 


THE 

NINETEEN  LOCAL  GOVERNMENTS 
IN  CHICAGO 


A  MULTIPLICITY  OF  OVERLAPPING  TAXING 
BODIES  WITH   MANY   ELECTIVE  OFFICIALS 


CHICAGO'S  GREATEST  NEEDS  ARE  THE  UNIFICATION 

OF   ITS  LOCAL  GOVERNMENTS 

AND  A  SHORT  BALLOT 


SECOND  EDITION 
MARCH.  1915 


REPORT      PREPARED      BY      THE 
CHICAGO  BUREAU  OF  PUBLIC  EFFICIENCY 

315  PLYMOUTH  COURT 


CHICAGO    BUREAU 

OF 

PUBLIC  EFFICIENCY 


TRUSTEES 


Julius  Rosenwald,  Chairman 

Alfred  L.  Baker,  Treasurer 

Onward  Bates  Charles  R.  Crane 

Henry  B.  Favill  Walter  L.  Fisher 

George  G.  Tunell  Victor  Elting 

Allen  B.  Pond 


Harris  S.  Keeler,  Director 
George  C.  Sikes,  Secretary 
T.  W.  Betak,  Accountant 


TABLE  OF  CONTENTS. 


PEEFACE  TO  SECOND  EDITION 4 

INTEODUCTION  6 

TEXT  OF  REPOET 7 

A  Multiplicity  of  Overlapping  Taxing  Bodies 7 

Too  Many  Elective  Officials 10 

The  Greatest  Needs  of  Qhicago 13 

Cook  County  and  Chicago  15 

The  Organization  of  the  City  Government 17 

The  Organization  of  the  County  Government 19 

The  Sanitary  District  of  Chicago 23 

The  Government  of  the  Sanitary  District 25 

The  Park  Districts  in  Chicago 27 

The  Park  Governments  in  Chicago  29 

The  Nineteen  Local  Governments  in  Chicago 31 

The  Cost  of  the  Local  Governments   3a 

CHARTS: 

Why  the  Chicago  Voter  is  Dazed Opposite  13 

The  Organization  of  the  City  Government "  17 

The  Organization  of  the  County  Government "  19 

The  Organization  of  the  Sanitary  District "  25 

The  Park  Governments  in  Chicago "  29 

The  Organization  of  the  Local  Governments  in  Chicago       "  31 

Expenditures  of  the  Eighteen  Local  Governments  in  1912       "  33 

MAPS: 

Cook  County  and  Chicago Opposite  15 

The  Sanitary  District  of  Chicago "  23 

Park  Districts  and  Parks  in  Chicago "  27 

APPENDIX— 

Tables: 

I.     Expenditures  of  the  Eighteen  Local  Governments  in  Chicago 
for  the  Tear  1912. 

II.     Public  Officials  Voted  for  in  Chicago. 

m.     Public    Officials    for    Whom    Each    Male    Elector    in    Chicago 
May  Vote. 

rV.     Public    Officials    for    Whom    Each    Male    Elector    in    Chicago- 
Might  Have  Voted  at  the  Election  of  November,  1912. 

V.     Public  Officials  for  Whom  Each  Woman  Elector  in  Chicago 
May  Vote. 


PREFACE  TO  SECOND  EDITION. 


An  edition  of  10,000  copies  of  the  report  on  The  Nine- 
teen Local  Gtovernments  in  Chicago  was  exhausted  in 
less  than  a  year  from  its  date  of  publication,  which  was 
December,  1913.  This  second  edition  is  printed  in  order 
that  requests  for  copies  of  the  publication  may  be  met. 

Since  the  original  report  was  issue.d  the  number  of 
governments  in  Chicago  has  increased  from  19  to  22  and 
the  number  of  local  elective  officials  has  grown  from  236 
to  251.  There  have  been  other  changes  that  call  for 
notice. 

The  fact  that  the  number  of  governing  bodies  and  of 
elective  officials  is  increasing,  in  face  of  the  public  demand 
for  unification  and  the  short  ballot,  is  so  startling  as  to 
challenge  attention.  It  is  evident  that  the  movement  for 
consolidation  of  governing  bodies  should  be  pushed  with 
more  vigor.  It  is  gratifying  to  note  that  the  Forest  Pre- 
serve Act  was  put  into  effect  without  the  creation  of  a  new 
governing  body,  the  Board  of  Cook  County  Commission- 
ers having  been  made  the  agency  for  acquiring  outlying 
wooded  areas  adapted  to  park  uses.  Consolidation  of  the 
park  governments  with  the  City  of  Chicago  should  be 
brought  about  without  further  delay. 

In  presenting  this  Second  Edition,  the  Bureau  has  re- 
vised the  text  to  meet  existing  conditions,  but  has  not  re- 
drawn the  maps  and  charts,  which  are  published  as  orig- 
inally prepared.  In  order  to  show  the  extent  of  the 
changes  that  have  taken  place  during  the  past  year,  the 
revised  matter  is  bracketed  in  italics. 

A  brief  statement  of  tlie  important  changes  in  the  local 
governmental  situation  is  set  forth  in  the  following  para- 
graphs. 

There  are,  at  the  present  time,  twenty-two  distinct  gov- 


Nineteen  Local  Governments  in  Chicago.  5 

erning  agencies  in  the  territory  comprising  Chicago.  The 
three  new  agencies  are  the  Ravenswood  Manor-Gardens 
Park  Commissioners,  the  River  Park  Commissioners,  and 
the  Commissioners  of  the  First  Park  District  of  the  City 
of  Evanston.  The  first  two  park  districts  are  located  in 
the  town  of  Jefferson  and  the  third,  in  the  town  of  Ridge- 
ville.  The  voting  into  existence  of  the  two  park  districts 
and  the  annexation  of  a  portion  of  the  third  increased 
the  number  of  park  districts  from  13  to  16,  the  number 
of  elective  park  commissioners  from  50  to  65,  the  total 
number  of  park  commissioners  from  84  to  99,  and  the 
number  of  elective  officials  which  Chicago  voters  are 
called  upon  to  choose  or  help  choose,  from  368  to  383. 
The  number  of  local  elective  officials  is  now  251  instead  of 
236.  The  number  of  separate  taxes  to  be  spread  by  the 
County  Clerk  for  the  year  1915  A\ill  be  369,  an  increase  of 
three  over  the  year  1913. 

Two  new  departments  have  been  created  in  the  City 
government — the  department  of  public  service  and  the 
department  of  public  welfare.  Two  new  departments  have 
also  been  added  to  the  County  government — the  depart- 
ment of  highways  and  the  department  of  public  welfare. 

Instead  of  seven,  there  are  now  eight  townships  which 
lie  wholly  within  the  City  of  Chicago,  the  eighth  being 
the  town  of  Evanston.  If  account  were  taken  of  these 
eight  townships,  there  would  be  30  governing  bodies  with- 
in the  City,  instead  of  22.  Twenty-three  townships  lie 
wholly  outside  the  City  limits.  By  the  annexation  of 
Morgan  Park  to  the  City,  a  portion  of  the  town  of  Worth 
now  lies  within  the  boundaries  of  Chicago.  A  small  tract 
of  the  City  of  Evanston  (lying  in  the  town  of  Ridgeville) 
has  been  annexed  to  the  City  of  Chicago,  the  territory  of 
which  now  embraces  194.5  square  miles. 

Chicago  Bueeau  of  Public  Efficiejtcy, 

Haeris  S.  Keeleb, 

Director. 
March,  1915. 


INTRODUCTION. 


In  the  following  report  on  The  Nineteen  Local  Gov- 
ernments IN  Chicago,  the  Chicago  Bureau  of  Public 
Efficiency  presents  in  graphic  form  the  governmental 
situation  as  it  exists  today  in  this  community. 

The  charts  of  organization  of  these  different  local  gov- 
ernments are  the  most  important  feature  of  the  report. 
These  charts  set  forth  such  striking  and  significant  facts 
that  the  Bureau  considers  it  advisable  to  publish  them  in 
a  form  available  for  general  use.  To  accompany  the 
charts,  certain  maps  and  tables  have  been  prepared.  The 
purpose  of  the  text  is  not  to  describe  in  detail  the  or- 
ganization of  the  various  governments,  but  merely  to 
explain  that  which  in  the  charts  is  not  self-explanatory. 

This  report  is  in  accord  with  the  general  purpose  of 
the  Bureau  to  furnish  the  public  with  exact  information 
concerning  local  governmental  conditions  and  thereby  to 
promote  economy  and  efficiency  in  the  public  service.  It 
is  hoped  that  the  report  may  prove  of  interest  and  educa- 
tional value  to  taxpayers  and  voters  generally,  and  espe- 
cially to  students  in  the  various  schools  and  institutions 
of  the  city  and  to  women  voters  who,  with  the  grant  to 
them  of  limited  rights  of  suffrage,  are  manifesting  eager- 
ness to  understand  the  organization  and  actual  workings 
of  government.  The  facts  herein  presented  should  pos- 
sess a  special  value,  also,  for  citizens  interested  in  the 
movement  for  charter  revision  on  a  comprehensive  scale. 

Chicago  Bureau  of  Public  Efficiency, 

Harris  S.  Keeler, 

Director. 
December,  1913. 


The  nineteen  Local  governments 
IN  Chicago. 

[NOW  TWENTY-TWO] 


A  MULTIPLICITY  OF  OVERLAPPING  TAXING  BODIES. 


Probably  no  other  community  in  the  world  presents  a 
more  confusing  complexity  of  local  government  than  does 
the  territory  comprising  the  City  of  Chicago.  The 
structure  of  the  City  government  proper  is  fairly  simple. 
But  the  City  is  only  one  of  many  local  governments. 
There  are  19  [now  22]  distinct  governing  agencies  in  the 
territory  comprising  Chicago,  most  of  them  absolutely  in- 
dependent of  one  another.    They  are : 

City  of  Chicago 
Board  of  Education 
Library  Board 

Municipal  Tuberculosis  Sanitarium 
Cook  County 

Sanitary  District  of  Chicago 
South  Park  Commissioners 
West  Chicago  Park  Commissioners 
Lincoln  Park  Commissioners 
Ridge  Avenue  Park  Commissioners 
North  Shore  Park  Commissioners 
Calumet  Park  Commissioners 
Fernwood  Park  Commissioners 
Ridge  Park  Commissioners 
Irving  Park  Commissioners 
Northwest  Park  Commissioners 
Old  Portage  Park  Commissioners 
Edison  Park  Commissioners 
West  Pullman  Park  Commissioners 
[Ravenstvood  Manor-Gardens  Park  Commissioners 
[River  Park  Commissioners 

[Commissioners  of  the  First  Park  District  of  the  City 
of  Evanston.] 


8  Chicago  Bureau  of  Public  Efftciency 

The  Board  of  Education,  the  Library  Board,  and  the 
Tuberculosis  Sanitarium,  while  having  their  separate  tax 
levies,  are  subject  to  a  degree  to  control  by  the  Mayor 
and  City  Council.  All  the  other  bodies  named  are  abso- 
lutely independent  of  one  another. 

If  account  were  taken  of  the  seven  [now  eight]  towns 
lying  wholly  within  the  City  of  Chicago  (Lake  View, 
North  Chicago,  Jefferson,  West  Chicago,  South  Chicago, 
Hyde  Park,  Lake,  and  Evanston),  which  still  have  legal 
existence,  the  number  of  governing  bodies  for  the  terri- 
tory comprising  the  City  would  be  26  [now  30]  instead  of 
19  [now  22].  These  old  town  governments  serve  no  im- 
portant purpose.  They  no  longer  have  separately  elected 
officials.  The  perfunctory  legal  duties  which  their  con- 
tinued existence  necessitates  are  performed  by  the  County 
Clerk  and  County  Treasurer,  who  act  as  ex-officio  town 
officers.  The  five  [now  six]  towns  which  lie  partly  with- 
out and  partly  within  the  City  {Evanston  [now  entirely 
within],  Niles,  Maine,  Norwood  Park,  Calumet,  Worth, 
and  Ridgeville)  are  also  excluded  from  the  count.* 

This  report  does  not  deal  with  governing  bodies  in 

Cook  County  outside  the  City  of  Chicago.  The  Sanitary 

District  and  the  County  government  with  which  it  does 

deal  extend,  however,  beyond  the  City  limits.    It  may  be 

of  interest  to  note  in  passing  that  the  County  Clerk  of 

Cook  County  spreads  366  [now  369]  separate  taxes.  This 

does  not  mean  that  there  are  366  separate  taxing  bodies, 

because  in  some  cases  governing  authorities  levy  special 

taxes  for  specific  purposes,  in  addition  to  their  general 

tax,  thus  making  a  larger  number  of  tax  levies  than  of 

taxing  bodies.     However,  the   total  number   of   taxing 

bodies  within  the  County,  including  those  in  Chicago,  does 

exceed  300.    In  the  portion  of  Cook  County  outside  of 
•  «^ 

*Iii  order  to  make  the  township  of  Ridgeville  co-torminous  with  the 
City  of  Evanston,  as  heretofore,  it  is  probable  that  the  County  Roard  will 
change  the  boundary  lines  of  the  township.  Kidgeville  will  then  lie  en- 
tirely outside  the  limits  of  the  City  of  Chicago. 


Nineteen  Local  Governments  in  Chicago  9 

Chicago  the  school  districts  number  176 ;  the  villages,  59 ; 
the  towns,  29 ;  and  the  cities,  9. 

Nor  does  the  list  of  governing  bodies  in  Chicago,  reach- 
ing the  formidable  number  of  19  [now  22'\,  include  the 
proposed  forest  preserve  district,  the  authorities  of  which 
are  to  acquire  and  administer  outer  park  areas.  Under 
the  provisions  of  the  statute  passed  by  the  Legislature  at 
its  last  session,  this  proposed  forest  preserve  district, 
which  is  to  have  a  separate  tax  levy,  may  be  a  separate 
governing  authority  with  its  own  board  of  appointive 
officials.  If,  however,  its  boundaries  are  made  co-ter- 
minous  with  the  boundaries  of  either  the  County  or  the 
Sanitary  District,  its  functions  may  be  discharged  by  the 
County  Board  or  by  the  Trustees  of  the  Sanitary  District. 
In  the  latter  event,  the  creation  of  a  new  governmental 
agency  may  be  avoided.* 

The  General  Assembly  of  Illinois  might  with  propriety 
be  added  to  the  list  of  local  governing  agencies,  for  it 
is  continually  interfering  in  an  arbitrary  manner  in  mat- 
ters of  local  administration.  For  example,  the  Legisla- 
ture, within  recent  years,  has  raised  out  of  all  propor- 
tion to  the  duties  performed  the  salaries  of  certain  Coun- 
ty officials,  notably  the  Clerks  of  the  courts.  The  County 
has  no  choice  but  to  pay  the  excessive  amounts  fixed  by 
statute. 

The  new  public  utilities  commission,  to  come  into  ex- 
istence on  January  1,  1914,  while  a  body  of  state-wide 
jurisdiction,  will  be  called  upon  to  deal  in  an  intimate 
way  with  problems  of  local  concern  heretofore  consid- 
ered peculiarly  within  the  province  of  local  authorities,  f 
In  a  sense,  therefore,  the  new  public  utilities  commission^ 
though  it  is  not  a  taxing  body,  is  one  more  governmental 
agency  added  to  the  large  number  already  existing. 

*At  the  November  election,  1914,  the  proposition  of  establishing  a 
forest  preserve  district  was  submitted  to  the  voters  and  received  their 
approval.  Since  the  boundaries  are  co-terminous  with  the  boundaries  of 
the  County,  the  County  Board  is  the  governing  authority  of  the  district. 

fThe  public  utilities  commission  came  into  existence  on  January 
1,  1914. 


TOO  MANY  ELECTIVE  OFFICIALS. 

Many  governing  bodies  mean  a  large  number  of  elective 
officials.  During  the  last  decade,  despite  popular  agita- 
tion for  unification  of  governing  bodies  and  for  the  short 
ballot,  the  number  of  governmental  agencies  and  of 
elective  officials  for  the  territory  comprising  Chicago  has 
grown  larger  rather  than  smaller.  The  ballot  presented 
to  voters  of  Chicago  at  certain  elections  is  larger  than 
that  used  in  any  other  community  in  the  world,  with  one 
or  two  possible  exceptions. 

Moreover,  elections  are  of  frequent  occurrence  and  the 
cost  of  elections  is  growing  rapidly,  having  more  than 
trebled  since  1896.  For  the  year  1912,  the  cost  of  elec- 
tions to  Chicago  and  Cook  County  was  almost  $1,000,000. 
For  the  year  1914,  the  amount  doubtless  \nl\  be  in  excess 
of  $1,000,000. 

The  number  of  different  elective  officials  (national, 
state,  and  local),  which  Chicago  voters  are  called  upon 
to  choose  or  help  choose,  reaches  the  enormous  total  of 
368  [now  383].  This  figure  includes  the  President  and 
Vice  President,  who  are  not  elected  directly  by  tlie  people ; 
it  excludes,  however,  the  29  presidential  electors  for  whom 
the  voters  actually  cast  their  ballots  in  choosing  the  Presi- 
dent and  Vice  President.  It  should  be  noted  also  that 
there  are  two  officials,  each  of  whom  is  voted  for  twice, 
once  as  member  and  once  as  presiding  officer  of  his  re- 
spective board.  They  are  the  President  of  the  County 
Board  and  the  President  of  the  Sanitary  District.  In  the 
foregoing  total,  both  are  counted  twice,  inasmuch  as  their 
names  appear  twice  on  the  same  ballot.  Table  II,  in  the 
Appendix,  gives  the  list  of  such  elective  officials,  num- 
bering 368  [383]. 


Nineteen  Local  Governments  in  Chicago  11 

The  charts  presented  in  this  report  (except  the  chart 
opposite  page  13)  do  not  show  national  or  state  officials, 
but  only  officials  of  local  governing  bodies.  The  number 
of  local  elective  officials  shown  on  the  charts  is  231.* 
Since  these  charts  were  completed,  however,  this  number 
has  been  increased  to  236  [now  251]  by  the  election  of 
five  commissioners  [each]  for  the  recently-organized 
West  Pullman,  [Ravenswood  Manor-Gardens,  and  River] 
Park  Districts  [and  the  First  Park  District  of  the  City  of 
Evanston,  recently  annexed  in  part.]  Of  the  foregoing 
number,  113  (counting  aldermanic  positions  as  two)  are 
voted  for  by  the  voters  of  the  entire  City.  They  are  not 
all  elected  at  one  time,  however. 

During  a  period  of  nine  years,  each  male  elector  in 
Chicago  is  called  upon  to  choose  officials  (national,  state, 
and  local)  for  144  different  elective  positions.  As  ex- 
plained on  the  preceding  page,  the  President  of  the  Coun- 
ty Board  and  the  President  of  the  Sanitary  District  are 
each  counted  as  two  elective  officials.  With  one  excep- 
tion, all  of  these  positions  must  be  filled  more  than  once 
during  the  nine  year  period,  since  some  officials  are  elect- 
ed for  two  years,  some  for  four  years,  and  some  for  six 
years.  The  Justice  of  the  Supreme  Court  of  the  State 
elected  from  the  Chicago  district  is  chosen  every  ninth 
year.  The  list,  showing  the  144  officials,  is  given  in  table 
III  in  the  Appendix. 

Citizens  of  Chicago  who  are  residents  of  any  of  the 
ten  [now  thirteen]  small  park  districts  also  choose  five 
Park  Commissioners,  not  enumerated  in  the  list.  Citizens 
of  Chicago  living  in  towns  partly  within  and  partly  with- 
out the  City  also  have  the  right  to  vote  for  supervisor, 
-_  -^ 

*This  number  includes  five  County  Commissioners  who  are  elected 
by  those  voters  of  the  County  residing  outside  the  City  of  Chicago,  but 
who  serve  the  people  of  the  entire  County. 


12  Chicago  Bureau  of  Public  Efficiency 

clerk,  assessor,  and  collector  of  their  toA\ms,  making  four 
more  officials  whom  they  may  help  to  elect.  Thus,  in 
some  portions  of  the  City,  during  a  period  of  nine  years, 
the  number  of  different  elective  positions  which  each 
male  elector  is  expected  to  help  fill  is  nine  more  than  144, 
or  153. 

As  these  elective  officials  serve  for  different  terms  and 
are  not  all  chosen  at  the  same  elections,  the  elector  is  not 
called  upon  to  vote  for  all  of  them  at  any  one  time.  At 
some  of  the  elections,  however,  the  ballot  is  extremely 
long.  At  the  general  fall  election  of  1912,  there  were  57 
officials  to  be  voted  for  by  the  voters  of  Chicago,  not 
counting  presidential  electors  but  counting  President  and 
Vice  President.  The  list  of  such  officials  is  sIio^nti  in 
Table  IV  in  the  Appendix. 

During  a  period  of  six  years  each  woman  elector  in 
Chicago  may  vote  for  70  different  elective  officials.  This 
number  includes  the  Justices  of  the  Municipal  Court.  A 
list,  showing  these  officials,  appears  in  Table  V  in  the 
Appendix.  As  in  the  case  of  male  electors,  any  woman 
voter  residing  within  any  of  the  small  park  districts  or 
within  any  of  the  five  [now  six]  townships  lying  partly 
within  and  partly  without  the  City  of  Chicago  may  vote 
for  the  elective  officials  of  such  park  district  or  town- 
ship.* 


"See  footnote  on  page  32. 


WHY   THE    CHICAGO    VOTER    IS    DAZED 


Mm  01  Kfnic  miaaer 


HE    IS    EXPECTED   TO  CHOOSE    144  PUBLIC    OFFICIALS 


THE  GREATEST  NEEDS  OF  CHICAGO. 

The  large  number  of  local  governments  in  Chicago, 
with  their  very  large  number  of  elective  officials,  inde- 
pendent of  one  another,  operates  to  produce  not  only  in- 
efficient public  service  but  an  enormous  waste  of  public 
revenues.  The  present  multiplicity  of  governing  bodies^ 
with  lack  of  centralized  control  and  the  long  ballot,  re- 
sults in  confusing  complexity  and  makes  gross  inefficiency 
and  waste  on  a  large  scale  inevitable. 

In  a  report  on  the  Park  Governments  of  Chicago,  is- 
sued by  the  Chicago  Bureau  of  Public  Efficiency  in  De- 
cember, 1911,  figures  were  presented  to  show  that  the 
consolidation  of  the  Park  Governments  with  the  City 
would  not  only  effect  a  money  saving  of  $500,000  a  year, 
but  would  result  in  increased  efficiency  in  the  adminis- 
tration of  park  affairs.  The  money  saving  from  the  uni- 
fication of  all,  or  nearly  all,  of  the  local  governments  in. 
Chicago  would  be  many  times  greater.  The  increase  in 
efficiency  from  unification  and  reduction  in  the  number  of 
elective  officials  would  be  enormous. 

Chicago 's  greatest  needs  are  unification  of  its  local  gov- 
ernments and  a  short  ballot. 


THE  GREATEST  NEEDS  OF  CHICAGO. 

The  large  number  of  local  governments  in  Chicago, 
with  their  very  large  number  of  elective  officials,  inde- 
pendent of  one  another,  operates  to  produce  not  only  in- 
efficient public  service  but  an  enormous  waste  of  public 
revenues.  The  present  multiplicity  of  governing  bodies, 
with  lack  of  centralized  control  and  the  long  ballot,  re- 
sults in  confusing  complexity  and  makes  gross  inefficiency 
and  waste  on  a  large  scale  inevitable. 

In  a  report  on  the  Park  Governments  of  Chicago,  is- 
sued by  the  Chicago  Bureau  of  Public  Efficiency  in  De- 
cember, 1911,  figures  were  presented  to  show  that  the 
consolidation  of  the  Park  Governments  with  the  City 
would  not  only  effect  a  money  saving  of  $500,000  a  year, 
but  would  result  in  increased  efficiency  in  the  adminis- 
tration of  park  affairs.  The  money  saving  from  the  uni- 
fication of  all,  or  nearly  all,  of  the  local  governments  in 
Chicago  would  be  many  times  greater.  The  increase  in 
efficiency  from  unification  and  reduction  in  the  number  of 
elective  officials  would  be  enormous. 

Chicago 's  greatest  needs  are  unification  of  its  local  gov- 
ernments and  a  short  ballot. 


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CHICAGO  eUflEAU  OF  PUBLIC  CFFlClENCy 

I9I3 


COOK  COUNTY  AND  CHICAGO. 

Cook  County  is  one  of  the  102  counties  into  which  the 
State  of  Illinois  is  divided  for  governmental  purposes. 
It  is  subdivided  and  organized  into  townships,  which  are 
represented  on  the  map  by  dotted  lines.  There  are  37 
townships  in  Cook  County.  Seven  [now  eight]  of  these 
townships  are  located  entirely  within  the  territory  com- 
prising the  City  of  Chicago,  the  boundaries  of  which  are 
indicated  by  shaded  lines;  five  [now  six]  are  located 
partly  within  and  partly  without  such  territory.  Twenty- 
five  [now  twenty-three]  townships  lie  wholly  without  the 
City  of  Chicago.* 

When  the  City  of  Chicago  was  organized  in  1837,  it 
consisted  approximately  of  the  southern  half  of  the  town- 
ship of  North  Chicago,  the  northern  half  of  the  town- 
ship of  South  Chicago,  and  a  small  eastern  portion  of 
the  township  of  West  Chicago,  or  10.6  square  miles.  The 
City  limits  have  since  been  extended  sixteen  [eighteen] 
times,  until  the  territory  at  present  embraces  191.3  [now 
194.5]  square  miles,  or  nearly  one-fifth  of  the  area  of 
Cook  County.  More  than  nine-tenths  of  the  people  of 
the  County  reside  within  the  City  of  Chicago. 


*The  map  opposite  should  show  the  following  boundary  changes: 
That  portion  of  the  township  of  Evanston  shown  as  lying  outside  the 
City  limits  has  been  annexed  to  the  township  of  Eidgeville,  so  that  at  the 
present  time  the  township   of  Evanston  lies  wholly  within   the   City  of 
Chicago. 

A  small  tract  about  one-eighth  of  a  square  mile,  in  the  southeast 
part  of  the  township  of  Eidgeville,  has  recently  been  added  to  the  City  of 
Chicago. 

By  the  annexation  to  Chicago  of  Morgan  Park,  which  lies  in  the  town- 
ships of  Calumet  and  Worth,  a  small  portion  of  Worth  is  brought  within 
the  City  limits.  The  southern  part  of  Calumet  is  still  outside  the  City 
limits. 


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CHICAGO  BUREAU  OF  PUBLIC  ePFJCIBNCy 
|9i3 


COOK  COUNTY  AND  CHICAGO. 

Cook  County  is  one  of  the  102  counties  into  which  the 
State  of  Illinois  is  divided  for  governmental  purposes. 
It  is  subdivided  and  organized  into  to^vnships,  which  are 
represented  on  the  map  by  dotted  lines.  There  are  37 
townships  in  Cook  County.  Seven  [now  eight]  of  these 
townships  are  located  entirely  within  the  territory  com- 
prising the  City  of  Chicago,  the  boundaries  of  which  are 
indicated  by  shaded  lines;  five  [now  six]  are  located 
partly  within  and  partly  without  such  territory.  Twenty- 
five  [now  twenty-three]  townships  lie  wholly  without  the 
City  of  Chicago.* 

When  the  City  of  Chicago  was  organized  in  1837,  it 
consisted  approximately  of  the  southern  half  of  the  town- 
ship of  North  Chicago,  the  northern  half  of  the  town- 
ship of  South  Chicago,  and  a  small  eastern  portion  of 
the  township  of  West  Chicago,  or  10.6  square  miles.  The 
City  limits  have  since  been  extended  sixteen  [eighteen] 
times,  until  the  territory  at  present  embraces  191.3  [now 
194.5]  square  miles,  or  nearly  one-fifth  of  the  area  of 
Cook  County.  More  than  nine-tenths  of  the  people  of 
the  County  reside  mthin  the  City  of  Chicago. 


*The  map  opposite  should  show  the  following  boundary  changes: 

That  portion  of  the  township  of  Evanston  shown  as  lying  outside  the 
City  limits  has  been  annexed  to  the  township  of  Eidgeville,  so  that  at  the 
present  time  the  township  of  Evanston  lies  wholly  within  the  City  of 
Chicago. 

A  small  tract  about  one-eighth  of  a  square  mile,  in  the  southeast 
part  of  the  township  of  Eidgeville,  has  recently  been  added  to  the  City  of 
Chicago. 

By  the  annexation  to  Chicago  of  Morgan  Park,  which  lies  in  the  town- 
ships of  Calumet  and  Worth,  a  small  portion  of  Worth  is  brought  within 
the  City  limits.  The  southern  part  of  Calumet  is  still  outside  the  City 
limits. 


16  Chicago  Bureau  of  Public  Efficiency 

TOWNSHIPS. 

The  township  is  the  primary  govermnental  division 
of  the  County.  In  all  of  the  30  [29]  townships  which  lie 
wholly  or  partly  outside  the  City,  there  are  regularly 
elected  township  officers,  who  perform  certain  well-defined 
duties.  The  seven  [now  eight]  townships  within  the  City, 
however,  have  no  officials  elected  as  such.  The  County 
Treasurer  acts  as  ex-officio  town  supervisor  and  ex- 
officio  toA\Ti  collector,  while  the  County  Clerk  acts  as  ex- 
officio  town  assessor  and  ex-officio  town  clerk.  These 
seven  [eight]  city  townships  exercise  no  important  func- 
tions, although  Lake  View,  North  Chicago,  and  West  Chi- 
cago continue  to  levy  taxes  for  park  purposes.  Their 
existence  costs  the  taxpayers  several  thousand  dollars  a 
year  in  useless  administrative  expense  in  connection  with 
tax  collections.  It  is  obvious  that  toAvnship  government 
within  the  City  should  be  entirely  abolished. 


THE  Voters  of  the 
CITYofCHICAGO 


BOARD    OF 
ELECTION 

C0MMI55I0N£RS(3) 


j  City  Departments  i 


Imunicipau  tubercu- 
Ilosis  sanitarium 


I '"•  >'~"1l I 


LIBRARY  BOARD 


BOARD    OF 
EDUCATION 


l^.ominiriqEnq.n^r;! 


o  - 

(ZH    0- 


chart  of  organization 

OF  THE   GOVERNMENT 


CITY  OF  CHICAGO 


THE  ORGANIZATION  OF  THE  CITY  GOVERNMENT. 

The  most  important  of  the  19  [22]  local  governments 
in  Chicago  is  the  City  government  itself.  The  functions 
of  the  City  government,  working  through  its  departments, 
are  more  varied  and  extensive  than  those  of  any  of  the 
other  local  governments.  The  chart  on  comparative  ex- 
penditures of  the  various  local  governing  bodies  (page 
33)  shows  that  the  City  spends  more  money  each  year 
than  do  all  of  the  others  combined. 

The  principal  elective  officials  of  the  City  are  the  Mayor 
and  Aldermen.  The  Council  consists  of  70  members,  two 
Aldermen  being  elected  from  each  ward.  The  other 
elective  officials  are  the  City  Clerk,  City  Treasurer,  the 
Chief  Justice  and  30  Associate  Justices  of  the  Municipal 
Court,  and  the  Bailiff  and  Clerk  of  that  Court. 

It  is,  of  course,  an  absurdity  that  the  Bailiff  and  the 
Clerk  of  the  Municipal  Court,  the  City  Clerk,  and  the 
City  Treasurer  should  be  chosen  by  direct  vote  of  the 
people. 

The  functions  of  the  City  government  proper  are  exer- 
cised through  departments,  which,  as  shown  by  the  chart, 
number  23.*  There  are  more  heads  of  departments  in 
Chicago  than  there  are  in  the  government  of  the  United 
States.  It  is  apparent  that  a  reduction  in  the  number  of 
departments,  through  appropriate  consolidation,  would 
result  in  economy  and  greater  efficiency. 

The  Board  of  Education,  the  Library  Board,  and  the 
Municipal  Tuberculosis  Sanitarium,  although  shown  on 
the  City  government  chart,  are  practically  free  from  con- 

*Two  new  departments,  known  as  the  department  of  public  service 
and  the  department  of  public  welfare,  have  been  made  a  part  of  the  City 
government.  The  department  of  transportation  has  been  made  a  bureau 
in  the  department  of  public  service. 


j  City  Di 


MUNICIPAL  TUBERCU- 
LOSIS  SANITARIUM 


3  Oi  rec+ora 


Special     Park 
Commission 


Oepo^^ment  of 
Boiler  Inspection 


In  spec+or 
of   Olio 


C    J  El»cf  iv,  Officlol* 

I  I         Ocportment*  or^poinhve  Offlciol* 


CHART  OF C 

OF  THE   G( 

or  ^ 

CITY  OF  ( 

SHOWINO  uiNes 
SALARY  RATES  FOI 


THE  ORGANIZATION  OF  THE  CITY  GOVERNMENT. 

The  most  important  of  the  19  [22]  local  governments 
in  Chicago  is  the  City  government  itself.  The  functions 
of  the  City  government,  working  through  its  departments, 
are  more  varied  and  extensive  than  those  of  any  of  the 
other  local  governments.  The  chart  on  comparative  ex- 
penditures of  the  various  local  governing  bodies  (page 
33)  shows  that  the  City  spends  more  money  each  year 
than  do  all  of  the  others  combined. 

The  principal  elective  officials  of  the  City  are  the  Mayor 
and  Aldermen.  The  Council  consists  of  70  members,  two 
Aldermen  being  elected  from  each  ward.  The  other 
elective  officials  are  the  City  Clerk,  City  Treasurer,  the 
Chief  Justice  and  30  Associate  Justices  of  the  Municipal 
Court,  and  the  Bailiif  and  Clerk  of  that  Court. 

It  is,  of  course,  an  absurdity  that  the  Bailiff  and  the 
Clerk  of  the  Municipal  Court,  the  City  Clerk,  and  the 
City  Treasurer  should  be  chosen  by  direct  vote  of  the 
people. 

The  functions  of  the  City  government  proper  are  exer- 
cised through  departments,  which,  as  shown  by  the  chart, 
number  23.*  There  are  more  heads  of  departments  in 
Chicago  than  there  are  in  the  government  of  the  United 
States.  It  is  apparent  that  a  reduction  in  the  number  of 
departments,  through  appropriate  consolidation,  would 
result  in  economy  and  greater  efficiency. 

The  Board  of  Education,  the  Library  Board,  and  the 
Municipal  Tuberculosis  Sanitarium,  although  shown  on 
the  City  government  chart,  are  practically  free  from  con- 

*Two  new  departments,  known  as  the  department  of  public  service 
and  the  department  of  public  welfare,  have  been  made  a  part  of  the  City 
government.  The  department  of  transportation  has  been  made  a  bureau 
in  the  department  of  public  service. 


18  Chicago  Bureau  of  Public  Efficieiicy 

trol  by  the  City  government.  To  all  intents  and  purposes, 
they  are  independent  governing  agencies  and  are  counted 
as  such  in  the  list  of  local  governments  given  in  this  re- 
port. The  members  of  these  bodies,  however,  are  ap- 
pointed by  the  Mayor,  subject  to  confirmation  by  the  City 
Council.  Moreover,  these  bodies  are  dependent  upon  the 
City  Council  for  the  levying  of  taxes  requested  by  them. 
Besides  this,  some  of  their  acts,  such  as  the  purchase  or 
sale  of  real  estate,  to  be  valid,  must  be  ratified  by  the 
Council.  Because  of  this  dependency,  these  boards  are 
shown  on  the  City  government  chart.  The  action  of  the 
City  Council  in  the  foregoing  matters  is  largely  per- 
functory. 

The  functions  of  the  Board  of  Education  and  Library 
Board  are  too  well  known  to  require  explanation.  The 
purpose  of  the  Tuberculosis  Sanitarium  is  to  provide  a 
municipal  sanitarium  for  the  free  treatment  and  care  of 
persons  suffering  from  tuberculosis. 

The  Board  of  Election  Commissioners,  appearing  in 
the  upper  right  hand  corner  of  the  City  chart,  is  a  govern- 
mental anomaly.  Its  members  are  appointed  by  the  Coun- 
ty Judge  and  are  officers  of  the  County  Court.  They  are 
also  corporate  authorities  of  the  City  of  Chicago.  Within 
the  limits  of  the  authority  conferred  upon  them  by  the 
election  laws,  they  may  incur  debts  for  the  payment  of 
which  either  the  City  or  the  County  must  make  provision. 
The  salaries  of  the  three  Election  Commissioners,  the 
chief  clerk,  and  assistant  chief  clerk  of  the  Board  are 
paid  by  the  County;  the  salaries  of  all  other  employes 
are  paid  by  the  City.  The  City  is  required  to  provide 
quarters  for  the  Board.  The  expenses  of  all  city  elections 
are  borne  by  the  City ;  the  expenses  of  all  general  county 
and  state  elections  are  borne  by  the  County. 


THE    VOTERS  OF 

COOK  COUNTY 


SHOWING   LINES    OF  AUTHORITY  AND 
SALARY  RATES  FOR  ELECTIVE  OFFICIALS 


THE  ORGANIZATION  OF  THE  COUNTY  GOVERNMENT. 

There  are  69  elective  officials  in  the  government  of  Cook 
County.*  Each  one  is  practically  independent  of  all  the 
others  and  is  responsible  for  his  conduct  in  office  only  to 
himself  and  to  the  people  who  elect  him.  There  is  nowhere 
in  the  County  government  any  central  co-ordinating  of- 
ficial or  body.  Contrary  to  popular  notion,  the  Board  of 
Commissioners,  or  County  Board,  as  it  is  generally  called, 
does  not  have  central  responsibility  or  control.  The  di- 
rect control  and  authority  of  this  Board  extends  only  to 
those  officials  and  institutions  indicated  by  the  lines  on 
the  chart.f 

The  Constitution  of  1870  provides  for  a  County  Board 
of  fifteen  members,  ten  of  whom  shall  be  elected  from  the 
City  of  Chicago  and  five  from  that  portion  of  the  County 
lying  outside  the  City.  One  of  the  most  important  duties 
of  the  Board  is  to  provide  for  the  care  of  the  County's 
sick  and  indigent  wards.  In  addition,  it  appropriates  for 
the  salaries  and  expenses  of  all  of  the  officials  and  offices 
of  the  County  government,  with  the  following  exceptions : 
One-half  of  the  salaries  of  the  Judges  of  the  Circuit  and 
Superior  Courts  is  paid  by  the  State ;  four  hundred  dol- 
lars of  the  salary  of  the  State's  Attorney  is  paid  by  the 
State;  the  commissions  of  the  County  Treasurer  as  ex- 
officio  town  collector  are  retained  by  him  out  of  the  taxes 
which  .he  collects  for  the  seven  [now  eight]  city  townsj; 
the  salary  of  the  County  Superintendent  of  Schools  is 
paid  by  the  State;  the  County  Surveyor  is  paid  in  fees 

*Counting  the  President  of  the  County  Board  in  his  dual  capacity  as 
President  and  Commissioner,  the  number  is  70. 

fTwo  new  departments,  known  as  the  department  of  public  welfare 
and  the  department  of  highways,  have  been  added  to  the  County  govern- 
ment. The  duties  of  the  County  Attorney  have  been  assumed  by  the 
State 's  Attorney. 

:|:See  footnote  on  page  21. 


coc 


Q  EUctW.  OJficlol* 

I  I  Insittution*  or  Appointiy*  OJflciol* 

a,  Praa'idcnt  Included 

t>.  CI»C»«d  bs  t-t»«ir  r««p«ctivf  To»«n»hip» 


CHART  c 

OF  T^ 

COOK( 

3HOWING    LINI 
SALARY  RATES 


THE  ORGANIZATION  OF  THE  COUNTY  GOVERNMENT. 

There  are  69  elective  officials  in  the  government  of  Cook 
County.*  Each  one  is  practically  independent  of  all  the 
others  and  is  responsible  for  his  conduct  in  office  only  to 
himself  and  to  the  people  who  elect  him.  There  is  nowhere 
in  the  County  government  any  central  co-ordinating  of- 
ficial or  body.  Contrary  to  popular  notion,  the  Board  of 
Conunissioners,  or  County  Board,  as  it  is  generally  called, 
does  not  have  central  responsibility  or  control.  The  di- 
rect control  and  authority  of  this  Board  extends  only  to 
those  officials  and  institutions  indicated  by  the  lines  on 
the  chart,  t 

The  Constitution  of  1870  provides  for  a  County  Board 
of  fifteen  members,  ten  of  whom  shall  be  elected  from  the 
City  of  Chicago  and  five  from  that  portion  of  the  County 
lying  outside  the  City.  One  of  the  most  important  duties 
of  the  Board  is  to  provide  for  the  care  of  the  County's 
sick  and  indigent  wards.  In  addition,  it  appropriates  for 
the  salaries  and  expenses  of  all  of  the  officials  and  offices 
of  the  County  government,  with  the  following  exceptions : 
One-half  of  the  salaries  of  the  Judges  of  the  Circuit  and 
Superior  Courts  is  paid  by  the  State ;  four  hundred  dol- 
lars of  the  salary  of  the  State's  Attorney  is  paid  by  the 
State;  the  commissions  of  the  County  Treasurer  as  ex- 
officio  town  collector  are  retained  by  him  out  of  the  taxes 
which  .he  collects  for  the  seven  [now  eight]  city  to\\ms| ; 
the  salary  of  the  County  Superintendent  of  Schools  is 
paid  by  the  State;  the  County  Surveyor  is  paid  in  fees 

*Couiiting  the  President  of  the  County  Board  in  his  dual  capacity  as 
President  and  Commissioner,  the  number  is  70. 

fTwo  new  departments,  known  as  the  department  of  public  welfare 
and  the  department  of  highways,  have  been  added  to  the  County  govern- 
ment. The  duties  of  the  County  Attorney  have  been  assumed  by  the 
State's  Attorney. 

|See  footnote  on  page  21. 


20  Chicago  Bureau  of  Public  Efficiency 

by  those  employing  his  services ;  one-half  of  the  expense 
of  maintaining  the  Juvenile  Detention  Home  is  paid  by 
the  City;  as  already  explained,  a  large  portion  of  the 
expense  of  the  Election  Commissioners  is  borne  by  the 
City. 

^Hiile  the  County  Board  appropriates  for  the  salaries 
of  the  employes  in  what  are  commonly  called  the  ' '  County 
fee  offices,"  namely,  in  the  offices  of  the  Sheriff,  the  Coun- 
ty Treasurer,  the  Recorder,  the  Coroner,  and  each  of  the 
five  Court  Clerks,  the  Constitution  of  1870  requires  the 
Judges  of  the  Circuit  Court  to  fix  the  number  of  such 
employes  for  whom  appropriations  shall  be  made.  Thus, 
the  responsibility  for  the  salary  expenditures  of  these 
offices  is  divided  between  the  Judges  and  the  County 
Board.  If  lines  indicating  the  budgetary  control  of  the 
County  Board  and  the  authority  of  the  Judges  of  the 
Circuit  Court  in  connection  with  the  nine  offices  men- 
tioned were  shown,  the  chart  would  appear  much  more 
complicated  than  it  does  now. 

The  County  Board  also  provides  for  the  maintenance 
of  the  County  building,  the  Criminal  Court  building,  and 
the  County  Jail,  and  for  the  feeding  of  the  prisoners  in 
the  latter. 

The  President  of  the  County  Board  appoints  the  Civil 
Service  Commissioners  without  the  approval  of  the  other 
members  of  the  Board.  With  the  concurrence  of  the 
Board,  he  also  appoints  the  warden  of  the  County  Hos- 
pital, the  superintendent  of  the  institutions  at  Oak  For- 
est, the  Superintendent  of  Public  Service,  the  County 
Agent,  the  County  Physician,  the  County  Attorney,*  the 


*At  the  present  time  there  is  no  County  Attorney,  bis  duties  having 
been  taken  over  by  the  State's  Attorney. 


Nineteen  Local  Governments  in  Chicago  21 

County  Architect,  and  the  committee  clerk  of  the  County- 
Board.  Other  appointments  in  those  branches  of  the 
County  service  under  the  direct  control  of  the  County 
Board  are  made  by  the  President  under  Civil  Service 
regulations. 

In  all  County  offices,  except  those  under  the  direct  con- 
trol of  the  County  Board,  employes  are  appointed  by  the 
elective  heads  of  the  respective  offices.  The  Civil  Service 
Commission  has  no  jurisdiction  in  these  cases.  In  1911 
the  Legislature  passed  a  comprehensive  County  Civil 
Service  law  to  cover  employes  in  all  County  offices.  The 
Supreme  Court  of  the  State  later  declared  this  act  in- 
valid on  technical  grounds. 

The  County  Treasurer,  the  custodian  of  the  funds  of 
the  County  and  its  disbursing  officer,  is  also  ex-officio 
county  collector  and  ex-officio  town  collector  and  super- 
visor of  each  of  the  seven  [eight]  towns  lying  wholly 
within  the  City  of  Chicago.  As  County  Treasurer,  he  re- 
ceives a  salary  of  $4,000  a  year.  As  town  collector,  he 
retains  $1,500  in  commissions  from  the  taxes  collected 
by  him  within  each  of  the  seven  [eight]  Chicago  towns — a 
total  of  $10,500  a  year.  He  also  retains  two  per  cent  on 
all  inlieritance  taxes  collected  by  him  for  the  State.  In 
recent  years,  these  fees  alone  have  exceeded  $20,000  a 
year.* 

*Since  the  issuance  of  the  first  edition  of  this  report,  the  Supreme 
Court  of  Illinois  has  ruled  that  the  section  of  the  inhertance  tax  law 
under  which  the  County  Treasurer  retained  inheritance  tax  fees  is  uncon- 
stitutional. In  accordance  with  this  ruling,  W.  L.  O'Connell,  former 
County  Treasurer,  has  turned  into  the  State  treasury  $105,807.23  as  the 
amount  of  inheritance  tax  fees  retained  by  him  during  the  four  years 
of  his  term  of  office,  which  ended  in  December,  1914. 

Inasmuch  as  there  are  now  eight  towns  lying  wholly  within  Chicago, 
and  inasmuch  as  the  compensation  of  town  collectors  in  Cook  County  has 
been  raised  by  the  Legislature  from  $1,500  to  $3,000  a  year,  the  compen- 
sation of  the  County  Treasurer  in  his  capacity  as  ex-officio  town  collector 
would  naturally  be  figured  at  $24,000  a  year,  instead  of  $10,500  a  year 
as  formerly.  However,  as  the  Bureau  pointed  out  in  its  report  on  the 
office  of  County  Treasurer,  that  official  would  seem  to  have  no  right  to 
retain  commissions  for  his  services  as  town  collector.  A  taxpayers'  suit 
is  now  pending  for  the  purpose  of  determining  this  point.  If  the  courts 
shall  decide,  as  seems  likely,  that  the  County  Treasurer  of  Cook  County, 


22  Chicago  Bureau  of  Public  Efficiency 

The  County  Clerk  is  ex-officio  County  Comptroller  and 
Clerk  of  the  County  Board.  He  is  also  Clerk  of  the 
County  Court. 

The  township  assessors,  although  elected  to  office  by 
their  respective  townships,  are  deputies  of  the  Board  of 
Assessors  and  are  thus  shown  as  subject  to  its  control. 
Their  salaries  are  provided  for  by  the  County  Board. 
The  assessor  of  the  township  of  Ridgeville  is  appointed 
by  the  Board  of  Assessors.  There  are  in  all  29  [now  28] 
elected  township  assessors.* 

The  Juvenile  Court  is  not  shown  on  the  chart.  It  is  a 
branch  of  the  Circuit  Court  and  is  presided  over  by  one 
of  the  Circuit  Court  Judges. 

There  are  no  judges  of  the  Criminal  Court  elected  as 
such.  The  Judges  of  the  Circuit  and  Superior  Courts  are 
ex-officio  judges  of  the  Criminal  Court. 

The  Jury  Commissioners  are  appointed  by  the  Judges 
of  the  various  courts.  It  is  their  function  to  prepare 
lists  of  persons  eligible  for  jury  service. 

The  Appellate  Court  for  the  first  district  of  Illinois, 
which  embraces  Cook  County,  is  not  shown  on  the  chart. 
It  is  a  State  Court,  and  at  the  present  time  is  presided 
over  by  twelve  justices  assigned  by  the  Supreme  Court 
of  the  State,  nine  of  whom  have  been  assigned  from  the 
Circuit  and  Superior  Courts  of  Cook  County  and  three 
of  whom  have  been  assigned  from  other  Circuit  Courts 
of  the  State. 

as  ex-officio  town  collector,  is  not  entitled  to  any  componsation  in  addition 
to  his  salary  as  Treasurer,  then  the  compensation  of  the  oflioe  will  be  re- 
duced to  $4,000  a  year.  This  amount  is  manifestly  too  low  for  the  respon- 
sibilities imposed,  although  it  is  equally  obvious  that  the  compensation 
actually  retained  by  former  County  Treasurers  has  been  excessive.  With 
a  view  of  providing  equitable  compensation,  a  bill  has  been  introduced 
at  the  present  session  of  the  Legislature  increasing  the  Treasurer's  salary 
to  $9,960 — the  Constitution  providing  that  the  salary  shall  not  be  as 
much  as  $10,000  a  year. 


•Since  the  town  of  Evanston  is  now  wholly  within  the  City  of  Chi- 
cago, the  number  of  elected  township  assessors  in  the  County  has  been 
reduced  from  29  to  28. 


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Prepared    By  I 

CHICAGO  BUREAUopPuaUC  EFFICIENCY    I 

1913  L- 


THE  SANITARY  DISTRICT  OF  CHICAGO. 

The  Sanitary  District  of  Chicago,  in  its  original  area, 
covered  185  square  miles.  The  area  is  now  approximate- 
ly 386  square  miles,  or  more  than  one-third  of  the  area 
of  Cook  County.  The  territory  of  the  District  includes 
the  City  of  Chicago  and  195  [192]  square  miles  in  addi- 
tion. The  population  of  the  District  is  about  97  per  cent 
of  that  of  the  County. 

The  Sanitary  District  was  organized  in  1890  to  provide 
for  the  disposal  of  the  sewage  of  the  City  of  Chicago 
and  thereby  to  prevent  the  contamination  of  Lake  Mich- 
igan, from  which  the  City  draws  its  water  supply.  The 
main  channel,  which  reversed  the  flow^  of  the  Chicago 
Eiver,  has  cost  approximately  $24,000,000.  The  Chicago 
Eiver,  between  Lake  Michigan  and  the  beginning  of  the 
main  channel  at  Robey  Street,  has  been  improved  at  a 
cost  of  more  than  $10,000,000.  The  north  shore  channel, 
which  provides  a  direct  outlet  for  the  sewage  of  the  City 
of  Evanston  and  the  Village  of  Wilmette,  cost  $3,250,000. 
The  Calumet- Sag  Channel,  now  under  construction,  will 
prevent  the  contamination  of  the  waters  of  Lake  Mich- 
igan by  the  sewage  of  the  southern  portion  of  the  City 
by  draining  the  Calumet  region,  and  will  cost,  it  is  esti- 
mated, $6,700,000. 

In  addition  to  providing  for  sewage  disposal,  the  Dis- 
trict has  developed  a  large  water  power  at  Lockport  and 
is  generating  electric  current  which  is  furnished  to  the 
City  of  Chicago,  the  County,  the  Park  governments,  and 
other  municipal  corporations  at  a  price  considerably  less 
than  formerly  obtainable  from  other  sources.  A  portion 
of  this  power  is  also  sold  to  private  consumers. 


I 


I 


I       1 


5/)N/T/IRy  D/STP/CT    \ 

OF  j 

CHICAGO  I 

/^ORT/f  SHOPi"  CMNNEL 

C/iLUMET-3/i6  CHAN/^eL  ut^oeR coNS7Ruc-noN\ 
D/3r/?/cr  TO  COCKCOUNTy 


?     1      ?     ^     -^     ? 


Pr-epor«d    0»^ 

CHICAGO  BUR CAU OP PySUC  EPFI 
1919 


THE  SANITARY  DISTRICT  OF  CHICAGO. 

The  Sanitary  District  of  Chicago,  in  its  original  area, 
covered  185  square  miles.  The  area  is  now  approximate- 
ly 386  square  miles,  or  more  than  one-third  of  the  area 
of  Cook  County.  The  territory  of  the  District  includes 
the  City  of  Chicago  and  195  [192]  square  miles  in  addi- 
tion. The  population  of  the  District  is  about  97  per  cent 
of  that  of  the  County. 

The  Sanitary  District  was  organized  in  1890  to  provide 
for  the  disposal  of  the  sewage  of  the  City  of  Chicago 
and  thereby  to  prevent  the  contamination  of  Lake  Mich- 
igan, from  which  the  City  draws  its  water  supply.  The 
main  channel,  which  reversed  the  flow  of  the  Chicago 
River,  has  cost  approximately  $24,000,000.  The  Chicago 
River,  between  Lake  Michigan  and  the  beginning  of  the 
main  channel  at  Robey  Street,  has  been  improved  at  a 
cost  of  more  than  $10,000,000.  The  north  shore  channel, 
which  provides  a  direct  outlet  for  the  sewage  of  the  City 
of  Evanston  and  the  Village  of  Wilmette,  cost  $3,250,000. 
The  Calumet- Sag  Channel,  now  under  construction,  will 
prevent  the  contamination  of  the  waters  of  Lake  Mich- 
igan by  the  sewage  of  the  southern  portion  of  the  City 
by  draining  the  Calumet  region,  and  will  cost,  it  is  esti- 
mated, $6,700,000. 

In  addition  to  providing  for  sewage  disposal,  the  Dis- 
trict has  developed  a  large  water  power  at  Lockport  and 
is  generating  electric  current  which  is  furnished  to  the 
City  of  Chicago,  the  County,  the  Park  governments,  and 
other  municipal  corporations  at  a  price  considerably  less 
than  formerly  obtainable  from  other  sources.  A  portion 
of  this  power  is  also  sold  to  private  consumers. 


THE  Voters  of  the 

SANITARY  DISTRICT 

OF   CHICAGO 


CHART  OF  ORGANIZATION 

OF  THE 

SANITARY  DISTRICTofCHICAGO 

SHOWING  LINES   OF  AUTHOR  ITY  AND 
SALARY  RATE5  FOR  ELECTIVE  OFFICIALS 


Prepor.d    B^ 

i  BURGAU  OF  rUBLJC  i 

1913 


THE  GOVERNMENT  OF  THE  SANITARY  DISTRICT. 

The  Sanitary  District  of  Chicago  is  a  separate  mu- 
nicipal corporation  which  levies  its  own  taxes,  and  which 
has  a  complete  and  elaborate  organization  for  carrying 
on  its  work. 

The  business  of  the  District  is  controlled  by  a  Board  of 
nine  Trustees,  who  are  elected  at  large  from  the  territory 
comprising  the  District.  The  President  of  the  Board  is 
one  of  the  nine  Trustees  and  is  elected  both  as  Trustee 
and  as  President. 

The  heads  of  the  nine  departments  are  elected  by  the 
Board  to  hold  office  during  the  pleasure  of  the  Board. 
All  of  the  officials  represented  on  the  chart,  except  the 
consulting  engineer  and  the  comptroller,  are  heads  of  de- 
partments. The  four  upper  rectangles  represent  posi- 
tions that  are  authorized  by  State  law ;  the  six  lower  rec- 
tangles represent  positions  that  have  been  created  by  the 
Board. 

The  employes  of  the  District  are  not  under  Civil  Serv- 
ice. Subject  to  the  approval  of  the  Board,  the  President 
appoints  all  employes  and  fixes  their  compensation.  He 
has  independent  power  of  removal. 

The  nature  of  the  work  of  the  various  departments  is 
indicated  by  the  titles  of  the  respective  heads. 


THE  VO" 

sanita: 

OF    c 


CONSULTING 
ENGINEER 


ELECTRICAL 
ENGINEER 


CHART  OF 


SANITARY  D 

SHOWING  LINE 
SALARY  RATE5  f 


THE  GOVERNMENT  OF  THE  SANITARY  DISTRICT. 

The  Sanitary  District  of  Chicago  is  a  separate  mu- 
nicipal corporation  which  levies  its  own  taxes,  and  which 
has  a  complete  and  elaborate  organization  for  carrying 
on  its  work. 

The  business  of  the  District  is  controlled  by  a  Board  of 
nine  Trustees,  who  are  elected  at  large  from  the  territory 
comprising  the  District.  The  President  of  the  Board  is 
one  of  the  nine  Trustees  and  is  elected  both  as  Trustee 
and  as  President. 

The  heads  of  the  nine  departments  are  elected  by  the 
Board  to  hold  office  during  the  pleasure  of  the  Board. 
All  of  the  officials  represented  on  the  chart,  except  the 
consulting  engineer  and  the  comptroller,  are  heads  of  de- 
partments. The  four  upper  rectangles  represent  posi- 
tions that  are  authorized  by  State  law ;  the  six  lower  rec- 
tangles represent  positions  that  have  been  created  by  the 
Board. 

The  employes  of  the  District  are  not  under  Civil  Serv- 
ice. Subject  to  the  approval  of  the  Board,  the  President 
appoints  all  employes  and  fixes  their  compensation.  He 
has  independent  power  of  removal. 

The  nature  of  the  work  of  the  various  departments  is 
indicated  by  the  titles  of  the  respective  heads. 


It 


PARK  DISTRICTS 
PARKS 

CITY  OF  CHICAGO 


J-d'L'lM 


Vl             'S              I*              I*               5.  If  *               ij  ,i 

$1      il      ^^       i,»       r  i|  *  *     I  L« 

%       !^       'J'       'I       '^  '&  ■'  X  o'J  1^ 

I?,  %A  I  f^  .     '  ^    ^ 


I 

I ., 


•See  footnote  on  oppoeite  page. 


THE  PARK  DISTRICTS  IN  CHICAGO. 

The  Chicago  park  situation  is  unparalleled  in  any  city 
of  this  country.  There  are  13  [now  16]  park  districts 
within  the  City  of  Chicago — three  large  and  10  [now  13] 
small  districts.*  Only  a  portion,  however,  of  Calumet 
Park  District  is  located  within  the  City  limits.  There  are 
still  parts  of  the  City  which  are  not  within  any  park  dis- 
trict and  the  property  owners  in  which  pay  no  park  tax. 

The  three  large  park  districts  were  organized  through 
special  acts  of  the  Legislature  passed  in  1869.  The  10 
[13]  small  park  districts  have  come  into  existence  largely 
because  the  communities  where  they  are  found  were  not 
within  any  of  the  other  park  districts  and  had  no  park 
facilities.  They  have  been  organized  under  a  general  act 
of  the  Legislature  passed  in  1895,  which  provides  that 
any  territory,  no  portion  of  which  is  included  in  any  ex- 
isting park  district,  may  be  organized  into  a  park  district. 
The  question  of  organizing  such  a  small  park  district 
must  be  approved  by  the  voters  within  the  territory  to 
be  affected  and  must  be  submitted  to  a  vote  upon  the 


*After  the  park  map  and  chart  had  been  prepared  for  this  report, 
three  park  governments  were  created  by  action  of  the  voters  within  their 
respective  districts.  The  new  districts,  in  the  order  of  their  formation, 
are  the  West  Pullman  Park  District,  the  Ravenswood  Manor-Gardens  Park 
District,  and  the  River  Park  District. 

By  the  annexation  of  a  small  tract  of  the  City  of  Evanston  to  Chi- 
cago, a  portion  of  the  First  Park  District  of  the  City  of  Evanston  has 
been  brought  within  the  limits  of  the  City  of  Chicago. 

The  West  Pullman  Park  District  comprises  approximately  the  south- 
ern portion  of  the  township  of  Calumet  covered  on  the  map  by  the  word 
"Calumet,"  extending,  however,  beyond  the  City  limits. 

The  Ravenswood  Manor-Gardens  Park  District,  which  is  a  half  mile 
square,  lies  on  both  sides  of  the  North  Branch  of  the  Chicago  River  at  the 
northeast  corner  of  Irving  Park  District. 

The  River  Park  District  comprises  all  the  remaining  territory  in  the 
township  of  Jefferson  east  of  40th  Avenue. 

By  the  annexation  of  Morgan  Park  to  Chicago,  Calumet  Park  Dis- 
trict was  brought  entirely  within  the  City  limits. 


THE  PARK  DISTRICTS  IN  CHICAGO. 

The  Chicago  park  situation  is  unparalleled  in  any  city 
of  this  country.  There  are  13  [now  16]  park  districts 
within  the  City  of  Chicago — three  large  and  10  [now  13] 
small  districts.*  Only  a  portion,  however,  of  Calumet 
Park  District  is  located  within  the  City  limits.  There  are 
still  parts  of  the  City  which  are  not  within  any  park  dis- 
trict and  the  property  owners  in  which  pay  no  park  tax. 

The  three  large  park  districts  were  organized  through 
special  acts  of  the  Legislature  passed  in  1869.  The  10 
[13]  small  park  districts  have  come  into  existence  largely 
because  the  communities  where  they  are  found  were  not 
within  any  of  the  other  park  districts  and  had  no  park 
facilities.  They  have  been  organized  under  a  general  act 
of  the  Legislature  passed  in  1895,  which  provides  that 
any  territory,  no  portion  of  which  is  included  in  any  ex- 
isting park  district,  may  be  organized  into  a  park  district. 
The  question  of  organizing  such  a  small  park  district 
must  be  approved  by  the  voters  within  the  territory  to 
be  affected  and  must  be  submitted  to  a  vote  upon  the 


*After  the  park  map  and  chart  had  been  prepared  for  this  report, 
three  park  governments  were  created  by  action  of  the  voters  within  their 
respective  districts.  The  new  districts,  in  the  order  of  their  formation, 
are  the  West  Pullman  Park  District,  the  Ravenswood  Manor-Gardens  Park 
District,  and  the  River  Park  District. 

By  the  annexation  of  a  small  tract  of  the  City  of  Evanston  to  Chi- 
cago, a  portion  of  the  First  Park  District  of  the  City  of  Evanston  has 
been  brought  within  the  limits  of  the  City  of  Chicago. 

The  West  Pullman  Park  District  comprises  approximately  the  south- 
ern portion  of  the  township  of  Calumet  covered  on  the  map  by  the  word 
"Calumet,"  extending,  however,  beyond  the  City  limits. 

The  Ravenswood  Manor-Gardens  Park  District,  which  is  a  half  mile 
square,  lies  on  both  sides  of  the  North  Branch  of  the  Chicago  River  at  the 
northeast  corner  of  Irving  Park  District. 

The  River  Park  District  comprises  all  the  remaining  territory  in  the 
township  of  Jefferson  east  of  40th  Avenue. 

By  the  annexation  of  Morgan  Park  to  Chicago,  Calumet  Park  Dis- 
trict was  brought  entirely  within  the  City  limits. 


28  Chicago  Bureau  of  Public  Efficiency 

petition  of  one  hundred  voters  residing  within  the  pro- 
posed district. 

A  striking  feature  of  the  map  is  the  proximity  of  the 
small  parks  under  the  control  of  the  City  of  Chicago 
and  the  small  parks  under  the  control  of  the  several  Park 
Boards.  The  City  government,  acting  through  its  Spe- 
cial Park  Commission,  maintains  a  large  number  of  small 
park  areas  and  playgrounds,  nearly  all  of  which  are  lo- 
cated within  the  territory  under  the  jurisdiction  of  the 
Park  Boards.  Thus,  in  many  cases,  there  are  two  sets 
of  governmental  agencies  performing  the  same  kind  of 
service  within  very  narrow  territorial  limits.  The  waste 
is  apparent. 

It  will  be  noted  that  the  very  valuable  property  situ- 
ated in  the  down  town  business  section  of  the  City  lies 
entirely  within  the  South  Park  District.  All  of  the  park 
taxes  levied  against  this  property  are  subject  to  the  con- 
trol of  the  South  Park  Commissioners.  The  greatest 
density  of  population  and  hence  the  greatest  need  for 
park  facilities  are  found  within  the  territory  of  the  West 
Park  District,  where  property  values  are  much  lower. 
The  inevitable  result  of  this  situation  is  an  inequitable 
division  of  park  facilities. 


CHART  OF  ORGANIZATION 

OF  THE 

EIGHTEEN  LOCAL  GOVERNMENTS  IN  CHICAGO 

NO  CENTRAL  CONTROL  NO  CENTRAL  RESPONSIBILITY 


BOARD   OF 
EDUCATION 


Bee  footnote  on  opposite  page.  CALUMET  RIDGE  FERN 


o. -..-..., 


CHICAGO  BUREAU  OP  PUBLIC  EFflCIENCY 


THE  PARK  GOVERNMENTS  IN  CHICAGO. 

Each  of  the  13  [now  i(?]Park  Boards  is  independent  of 
the  others,  and,  within  the  scope  of  the  authority  vested  in 
it  by  the  Legislature,  is  a  government  unto  itself.  Each 
has  complete  and  exclusive  control  of  the  park  facilities 
under  its  jurisdiction.  Each  has  its  owti  organization, 
more  or  less  elaborate,  for  carrying  on  its  work  and  ad- 
ministering its  affairs.  Including  the  15  members  of  the 
Special  Park  Commission,  shown  on  the  City  government 
chart,  Chicago  has  84  [now  99]  park  commissioners.* 

The  money  for  the  support  of  each  of  the  13  [16]  dis- 
tricts is  raised  principally  by  taxation.  The  South  Park 
District  and  each  of  the  10  [now  13]  small  districts  are 
municipal  corporations  and  levy  all  of  their  taxes  directly. 
The  West  Chicago  Park  District  is  also  a  municipal  cor- 
poration and  levies  directly  part  of  the  taxes  which  it 
expends;  the  remainder  of  its  tax  levy  is  raised  by  the 
town  of  West  Chicago.  The  Lincoln  Park  Board  is  not 
a  municipal  corporation  and  has  no  power  to  levy  taxes. 
It  derives  its  principal  support  from  taxes  levied  by  the 
towns  of  North  Chicago  and  Lake  View.  There  is  a  wide 
variance  in  the  amounts  which  the  several  Park  Boards 
are  able  to  raise  from  taxation,  and  this  variance  is  not 
at  all  in  proportion  either  to  the  park  acreage  or  the 
population  within  their  respective  jurisdictions. 

*Siiice  the  chart  opposite  was  prepared,  four  park  districts  have  been 
added  to  the  number  of  park  governments  in  Chicago,  making  16  in  all. 
Their  names  with  dates  of  formation  are  as  follows: 

West  Pullman  Park  District November  22,  1913 

Eavenswood  Manor-Gardens  Park  District September  23,  1914 

River  Park  District October  27,  1914 

First  Park  District  of  the  City  of  Evanston 

(Portion  Annexed  to  City  of  Chicago  in  February,  1915) 

Each  park  district  has  five  elective  commissioners. 


CHART  OP  OR 

•TWELVE  PARK 

WITH! 

CITY  Of  ( 

SHOWING  LINE! 


SOUTH       PARK 

COMMISSIONERS 
(5) 

NoSolortj  e»cept  Pre»i<l«nt*Jt00O»ALn<l<-or*3(P0O 


WEST    C 

PARK  COM* 

No  3 


VOTERS  OF 

EDISON 

PARK  DISTRICT 


VOTER6    Of 

RID6E  AVENUE 

PARK  DISTRICT 


VOTERS     OF 

NORTH  SHORE 

PARK   DISTRICT 


VOTERS    OP 

CALUMET 

PARK    DISTRICT 


*See  footnote  on  opposite  page. 


VOTtRS    0( 

RIDGE 

PARK   DISTR 


THE  PARK  GOVERNMENTS  IN  CHICAGO. 

Each  of  the  13  [now  i^JPark  Boards  is  independent  of 
the  others,  and,  within  the  scope  of  the  authority  vested  in 
it  by  the  Legislature,  is  a  government  unto  itself.  Each 
has  complete  and  exclusive  control  of  the  park  facilities 
imder  its  jurisdiction.  Each  has  its  own  organization, 
more  or  less  elaborate,  for  carrying  on  its  work  and  ad- 
ministering its  affairs.  Including  the  15  members  of  the 
Special  Park  Commission,  shown  on  the  City  government 
chart,  Chicago  has  84  [now  99]  park  commissioners.* 

The  money  for  the  support  of  each  of  the  13  [16]  dis- 
tricts is  raised  principally  by  taxation.  The  South  Park 
District  and  each  of  the  10  [now  13]  small  districts  are 
municipal  corporations  and  levy  all  of  their  taxes  directly. 
The  West  Chicago  Park  District  is  also  a  municipal  cor- 
poration and  levies  directly  part  of  the  taxes  which  it 
expends;  the  remainder  of  its  tax  levy  is  raised  by  the 
town  of  West  Chicago.  The  Lincoln  Park  Board  is  not 
a  municipal  corporation  and  has  no  power  to  levy  taxes. 
It  derives  its  principal  support  from  taxes  levied  by  the 
towns  of  North  Chicago  and  Lake  View.  There  is  a  wide 
variance  in  the  amounts  which  the  several  Park  Boards 
are  able  to  raise  from  taxation,  and  this  variance  is  not 
at  all  in  proportion  either  to  the  park  acreage  or  the 
population  within  their  respective  jurisdictions. 

*Since  the  chart  opposite  was  prepared,  four  park  districts  have  been 
added  to  the  number  of  park  governments  in  Chicago,  making  16  in  all. 
Their  names  with  dates  of  formation  are  as  follows: 

West  Pullman  Park  District November  22,  1913 

Eavenswood  Manor-Gardens  Park  District September  23,  1914 

Eiver  Park  District October  27,  1914 

First  Park  District  of  the  City  of  Evanston 

(Portion  Annexed  to  City  of  Chicago  in  February,  1915) 

Each  park  district  has  five  elective  commissioners. 


30  Chicago  Bureau  of  Public  Efficiency 

As  indicated  on  the  chart,  the  several  Park  Boards  de- 
rive their  authority  from  three  different  sources,  namely, 
the  Judges  of  the  Circuit  Court  of  Cook  County,  the 
Governor  of  the  State,  and  the  voters  of  the  respective 
small  park  districts. 

There  should  be  a  unification  of  the  operation  and  man- 
agement of  Chicago's  park  facilities.  Lack  of  unity  in 
such  operation  and  management  not  only  results  in  in- 
efficient service  to  the  public,  but  increases  the  cost  of 
maintaining  the  parks.  As  stated  on  page  13,  the  Bureau 
has  estimated  that,  if  the  Park  governments  were  con- 
solidated with  the  City  government,  an  annual  saving  in 
operating  costs  amounting  to  half  a  million  dollars  could 
be  made. 

The  Legislature  at  its  last  session  passed  a  bill  pro"\"id- 
ing  for  the  consolidation  of  the  Park  governments.  The 
Governor  vetoed  the  bill. 


EXPENDITURES       OF       THE 

EIGHTEEN        LOCAL       GOVERNMENTS      IN     CHICAGO 

FOR  THE    YEAR  1912 


Total         *  74,247,176 


Prepared  0ij 

«icAaoeuReAu<>r  PUBLIC  crrbuiMeY 
19)3 


Name  of  Loco  I     Government 


Expend  I  ton 


City  of  Chicago 
Board  OF  Education 
Public  Library  Board 
Tuberculosis  Sanitarium 
Cook  County 
Sanitary  District 
South  Park  Commissioners 
wtstchica60parkc0mmissioners 
Lincoln  Park  Commissioners 
Nine  Small  Park  Boards 


3ai694,7ZZ 
I4,7r(3,373 
3Z9,779 1 
354,6831 
7,667,512 
6,314,130 
2,668,21 
2,169,334 
1,131,063 
99,143 


TheTotal  bonded  DEBT  of  the  Eighteen  Local  Governments  in  Chicago  at  close  of  1912  was   *69,252496 


THE  NINETEEN  LOCAL  GOVERNMENTS  IN  CHICAGO.* 

[NOW  TWENTY-TWO.] 

This  chart  presents  in  graphic  form  the  striking  fact 
that  Chicago  has  19  [now  22]  active  local  governments. 
They  are : 

The  City  of  Chicago 

The  Board  of  Education 

The  Library  Board 

The  Tuberculosis  Sanitarium 

The  County 

The  Sanitary  District  of  Chicago 

The  South  Park  Commissioners 

The  West  Chicago  Park  Commissioners 

The  Lincoln  Park  Commissioners 

Ten  [now  thirteen]  Small  Park  Governments. 

The  circles  on  the  chart  show  in  striking  form  also  that 
the  voters  of  Chicago  are  called  upon  to  elect  a  very 
large  number  of  local  public  officials.  The  total  number 
is  236  [now  251]. f  Of  this  number,  there  are  106  City  of- 
ficials ;  70  County  officials ;  10  Sanitary  District  officials ; 
and  50  [now  65]  officials  in  the  10  [13]  small  park  gov- 
ernments.   These  figures  do  not  include  20  township  of- 


*Three  park  governments  came  into  existence  and  a  part  of  one  park 
district  was  annexed  after  the  chart  shown  opposite  this  page  had  been 
prepared. 

fThis  number  includes  the  Commissioners  of  the  West  Pullman,  the 
Eavenswood  Manor-Gardens,  the  Eiver  Park  Districts,  and  the  First  Park 
District  of  the  City  of  Evanston,  not  shown  on  the  chart. 


THE  NINETEEN  LOCAL  GOVERNMENTS  IN  CHICAGO.* 

[NOW  TWENTY-TWO.] 

This  chart  presents  in  graphic  form  the  striking  fact 
that  Chicago  has  19  [now  22]  active  local  governments. 
They  are : 

The  City  of  Chicago 

The  Board  of  Education 

The  Library  Board 

The  Tuberculosis  Sanitarium 

The  County 

The  Sanitary  District  of  Chicago 

The  South  Park  Commissioners 

The  "West  Chicago  Park  Commissioners 

The  Lincoln  Park  Commissioners 

Ten  [now  thirteen]  Small  Park  Governments. 

The  circles  on  the  chart  show  in  striking  form  also  that 
the  voters  of  Chicago  are  called  upon  to  elect  a  very 
large  number  of  local  public  officials.  The  total  number 
is  236  [now  251]. -f  Of  this  number,  there  are  106  City  of- 
ficials ;  70  County  officials ;  10  Sanitary  District  officials ; 
and  50  [now  65]  officials  in  the  10  [13]  small  park  gov- 
ernments.   These  figures  do  not  include  20  township  of- 


*Three  park  governments  came  into  existence  and  a  part  of  one  park 
district  was  annexed  after  the  chart  shown  opposite  this  page  had  been 
prepared. 

fThis  number  includes  the  Commissioners  of  the  West  Pullman,  the 
Eavenswood  Manor-Gardens,  the  Eiver  Park  Districts,  and  the  First  Park 
District  of  the  City  of  Evanston,  not  shown  on  the  chart. 


32  Chicago  Bureau  of  Public  Efficiency 

ficials  who  serve  in  the  five  towns  partly  within  the  City 
of  Chicago.* 

Multiplicity  of  elective  officials  means,  in  general,  a 
mediocre  class  of  public  servants  who  are  not  responsive 
to  the  public  will. 

Multiplicity  of  local  governments  means  duplication 
of  governmental  machinery,  antiquated  administrative 
methods,  inefficient  service,  and  enormous  waste. 

Chicago  needs  unification  of  its  local  governments  and 
a  short  ballot. 


*The  township  of  Kidgeville,  heretofore  coterminous  with  the  City  of 
Evanston,  has  not  elected  township  officers  with  the  exception  of  a  super- 
visor. Under  present  conditions,  since  a  part  of  Kidgeville  lies  in  Chicago 
and  a  part  in  Evanston,  it  will  be  necessary  according  to  law  to  elect  the 
other  township  officers.  No  election  has  been  held  up  to  this  time.  It  is 
probable  that  the  County  Board  will  change  the  township  boundary  lines 
so  as  to  make  the  township  of  Kidgeville  co-terminous  with  the  City  of 
Evanston,  thus  restoring  former  conditions  and  obviating  the  necessity 
of  electing  township  officials. 


THE  COST  OF  THE  LOCAL  GOVERNMENTS. 

The  chart  opposite  shows  that  the  expenditures  of  the 
18  local  governments  which  were  in  existence  in  Chicago 
in  1912  amounted  to  more  than  $74,000,000  during  that 
year.  Their  total  bonded  indebtedness  at  the  close  of  the 
year  1912  was  $69,252,496.  The  figures  in  further  detail 
are  given  in  Table  I  in  the  Appendix. 


APPENDIX. 


Table  I. 


EXPENDITURES  OF  THE 

EIGHTEEN  LOCAL  GOVERNMENTS  IN  CHICAGO 

FOR  THE  YEAR  1912. 


Total 
Expenditures 
(Maintenance, 
Operation  and 
Improvements) 

Bonds  and 

Interest 

(Included  in 
Total,  Col.  1) 

Bonded 

Indebtedness 

At  Close  of 

Fiscal  Year 

City  of  Chicago 

$38,694,722.44 

14,778,372.90 

329,778.80 

354,883.43 

7,667,51 1.79(a) 
6,314,130.32 

2,688,21 1.02(b) 

2,189,334.00 
1,131,088.84 

14,115.75(c) 
Organized 

4,943.74(d) 
29,740.74  (e) 

13,1 97.32(e) 

987.30  (f) 

Organized 

34,71 8.96(g) 

1, 439.28(g) 

$4,260,685.67 

$29,782,400.00 

Board  of  Education 

Public  Library  Board 

Municipal  Tuberculosis  Sani- 
tarium  

Cook  County 

1,180,131.29 
3,486,485.00 

630,310.00 

159,100.00 
92,000.00 

1,750.00 
January,  1913. 

1,390.00 
5,625.00 

4,074.99 

9,710,000.00 

Sanitary  District 

17,599,000.00 

South  Park  Commissioners. . 
West  Chicago  Park  Commis- 
sioners. . .            

5,190,000.00 
4,288,000.00 

Lincoln  Park  Commissioners. 

Calumet  Park  Commissioners 
Edison  Park  Commissioners  . 

Fernwood  Park  Commission- 
ers  

2,422,000.00 
35,000.00 

20,596.00 

Irving  Park  Commissioners. . 

North  Shore  Park  Commis- 
sioners  

125,000.00 
48,000.00 

Northwest  Park  Commission- 
ers  

Old  Portage  Park  Commis- 
sioners. . . 

July,  1912. 

1,625.00 

Ridge  Park  Commissioners. . 

Ridge  Avenue  Park  Commis- 
sioners  

32,500.00 

Total 

$74,247,176.63 

$9,823,176.95 

$69,252,496.00 

(a)  Fiscal  year  ended  December  2,  1912. 

(b)  Fiscal  year  ended  February  28,  1913. 

(c)  Fiscal  year  ended  June  30,  1913. 

(d)  Fiscal  year  ended  April  30,  1912. 

(e)  Fiscal  year  ended  May  31,  1913. 

(f)  Fiscal  year  ended  June  30,  1913. 

(g)  Fiscal  year  ended  May  31,  1912. 


Table  II. 

PUBLIC  OFFICIALS  VOTED  FOR  IN  CHICAGO. 


NATIONAL. 

President  and  Vice  President  (chosen  indirectly  through  presidential 

electors) 2 

United  States  Senators 2 

Representatives  in  Congress,  2  at  large,  1  in  each  of  10  districts. ...  12             16 

STATE. 

Governor 1 

Lieutenant-Governor 1 

Secretary  of  State 1 

Auditor  of  Public  Accounts 1 

State  Treasurer 1 

Superintendent  of  Public  Instruction 1 

Attorney  General 1 

Trustees  of  University  of  Illinois 9 

Justice  of  Supreme  Court 1 

Clerk  of  Supreme  Court 1 

Clerl<  of  Appellate  Court 1 

Members  of  State  Board  of  Equalization,  1  in  each  of  10  districts.. .  10 

State  Senators,  1  in  each  of  18  districts 18 

Representatives  in  General  Assembly,  3  in  each  of  18  districts 54           101 

COUNTY. 

President  of  County  Board 1 

County  Commissioners 10 

State's  Attorney 1 

Sheriff 1 

County  Treasurer 1 

County  Clerk  and  Clerk  of  County  Court 1 

County  Recorder 1 

Coroner 1 

County  Superintendent  of  Schools 1 

County  Surveyor 1 

Members  of  Board  of  Assessors 5 

Members  of  Board  of  Review 3 

Judges  of  Superior  Court 18 

Judges  of  Circuit  Court 14 

Judge  of  County  Court 1 

Judge  of  Probate  Court 1 

Clerk  of  Superior  Court 1 

Clerk  of  Circuit  Court 1 

Clerk  of  Criminal  Court 1 

Clerk  of  Probate  Court 1             65 

SANITARY  DISTRICT. 

Trustees  of  Sanitary  District  of  Chicago 9 

One  Trustee  to  be  designated  by  Voters  as  President 1               10 

CITY. 

Mayor 1 

Aldermen,  2  in  each  of  35  wards 70 

City  Clerk 1 

City  Treasurer 1 

Chief  Justice  of  Municipal  Court 1 

Judges  of  Municipal  Court 30 

Clerk  of  Municipal  Court 1 

Bailiff  of  Municipal  Court 1            106 

PARK  DISTRICTS. 
Park  Commissioners,  5  in  each  of  10  [now  IS]  small  park  districts . .  50  [S5]  [S5] 

TOWNS  PARTLY  WITHIN  THE  CITY. 

Supervisor,     1  in  each  of  5  towns 5 

Town  Clerk,  1  in  each  of  5  towns 5 

Assessor,        1  in  each  of  5  towns 5 

Collector,        1  in  each  of  5  towns 5              20 

TOTAL 3G8    fJM) 


Table  III. 

PUBLIC  OFFICIALS  FOR  WHOM  EACH  MALE  ELECTOR 
IN  CHICAGO  MAY  VOTE. 


NATIONAL. 

President  and  Vice  President  (through  presidential  electors) 2 

United  States  Senators 2 

Representatives  in  Congress,  2  at  large,  1  in  district 3 

STATE. 

Governor 

Lieutenant-Governor 

Secretary  of  State 

Auditor  of  Public  Accounts 

State  Treasurer 

Superintendent  of  Public  Instruction 

Attorney  General 

Trustees  of  University  of  Illinois 9 

Justice  of  Supreme  Court 

Clerl<  of  Supreme  Court 

Clerk  of  Appellate  Court 

Member  of  State  Board  of  Equalization 

State  Senator 

Representatives  in  General  Assembly 3  24 

COUNTY. 

President  of  County  Board 1 

County  Commissioners 10 

State's  Attorney 1 

Sheriff 1 

County  Treasurer 1 

County  Clerk  and  Clerk  of  County  Court 1 

County  Recorder 1 

Coroner 1 

County  Superintendent  of  Schools 1 

County  Surveyor 1 

Members  of  Board  of  Assessors 5 

Members  of  Board  of  Review 3 

Judges  of  Superior  Court 18 

Judges  of  Circuit  Court 14 

Judge  of  Probate  Court 1 

Judge  of  County  Court 1 

Clerk  of  Superior  Court 1 

Clerk  of  Circuit  Court 1 

Clerk  of  Criminal  Court 1 

Clerk  of  Probate  Court 1            65 

SANITARY  DISTRICT. 

Trustees  of  Sanitary  District  of  Chicago 9 

One  Trustee  to  be  designated  by  Voter  as  President 1  10 

CITY. 

Mayor 1 

Aldermen 2 

City  Clerk ; 1 

City  Treasurer 1 

Chief  Justice  of  Municipal  Court 1 

Judges  of  Municipal  Court 30 

Clerk  of  Municipal  Court 1 

Bailiff  of  Municipal  Court 1             38 

TOTAL 144 


Table  IV. 

PUBLIC  OFFICIALS  FOR  WHOM   EACH   MALE    ELECTOR   IN   CHICAGO 
MIGHT  HAVE  VOTED  AT  THE  ELECTION  OF  NOVEMBER,  1912. 


NATIONAL. 

President  and  Vice  President  (through  presidential  electors) 2 

Representatives  in  Congress,  2  at  large,  1  in  district 3  5 

STATE. 

Governor 1 

Lieutenant-Governor 1 

Secretary  of  State 1 

Auditor  of  Public  Accounts 1 

State  Treasurer 1 

Attorney  General 1 

Trustees  of  University  of  Illinois 3 

Member  of  State  Board  of  Equalization 1 

State  Senator  (in  three  districts  only) 1 

Representatives  in  General  Assembly 3  14 

COUNTY. 

President  of  County  Board 1 

County  Commissioners 10 

State's  Attorney 1 

County  Recorder 1 

Coroner 1 

County  Surveyor 1 

Members  of  Board  of  Assessors 2 

Member  of  Board  of  Review 1 

Clerk  of  Superior  Court 1 

Clerk  of  Circuit  Court 1  20 

SANITARY  DISTRICT. 

Trustees  of  Sanitary  District 3  3 

CITY. 

Chief  Justice  of  Municipal  Court 1 

Judges  of  Municipal  Court 12 

Bailiff  of  Municipal  Court 1 

Clerk  of  Municipal  Court 1  15 

TOTAL 57 


TaWe  V. 


PUBLIC  OFFICIALS  FOR  WHOM  EACH  WOMAN  ELECTOR 
IN  CHICAGO  MAY  VOTE. 


NATIONAL. 

President  and  Vice  President  (through  presidential  electors) 2  2 

STATE. 

Trustees  of  University  of  Illinois 9 

Member  of  State  Board  of  Equalization 1 

Clerk  of  Appellate  Court 1  11 

COUNTY. 

County  Surveyor 1 

Members  of  Board  of  Assessors 5 

Members  of  Board  of  Review 3  9 

SANITARY  DISTRICT. 

Trustees  of  Sanitary  District  of  Chicago 9 

One  Trustee  to  be  designated  by  Voter  as  President 1  10 

CITY. 

Mayor 1 

Aldermen 2 

City  Clerk 1 

City  Treasurer 1 

Chief  Justice  of  Municipal  Court 1 

Judges  of  Municipal  Court 30 

Clerk  of  Municipal  Court 1 

Bailiff  of  Municipal  Court 1  38 

TOTAL 70* 


*  Women  voters  residing  within  any  of  the  ten  [now  thirteen]  small  park 
districts  or  within  any  of  the  five  [now  six]  townships  lying  partly  within 
and  partly  without  the  City  of  Chicago  may  also  vote  for  the  elective 
officials  of  such  park  district  or  township. 


137 


CHICAGO 


OF 


PUBLIC  EFFI 


Purposes  as  Stated  in  the 
Plan  of  Organization 

(1)  To  scrutinize  the  systems  of  accounting  in 
le  ^ight  local  governments  of  Chicago. 

(2)  To  examine  th^  m 
materials  and  supplies  and  le 
construction  contracts  in  these  Ho 

(3)  To   examine  the  pa; 
governing  bodies  with  a  view 
efficiency  of  such  expenditures 


(4)     To  make  constructive  sugges 
provements  in  the  directions  indica 
and  3,  and  to  co-operate  with  putji 
the  installation  of  these  improved  \ 

(6)     To  furnish  the  public  with  exa< 
tion  regardiDig  public  revenues  an4  e^€ 
and  thereby  promote  efficiency  and  econi 
the  public  service. 


o 


PUTTING  CHARACTER  INTO 
THE  COUNTIES 

r    Y 

WALTER  A.  DYER 

[Reprinted  by  permission  of  Doubleday,  Page  and  Co.,  from  the 
World's  Work /or  Sept.,  1915,  by  The  National  Short  Ballot  Organisa- 
tion.    Additional  copies  obtainable  on  request.] 


A  NEW  KIND  OF  COUNTY  HOSPITAL 

How    An    Iowa    Doctor,    With    a    Personal    Realization    of    a    Vital    Need, 

Started  a  Big  Movement  That  Has  Already  Found  Expression  in  a 

New  Law  and  the  First  Two  Public  Hospitals  in  Rural 

Counties. 

In  Clay  County,  northern  Iowa,  there  is  a  country  doctor 
with  a  vision  and  with  the  will  to  do.  His  name  is  E.  E.  Hunger, 
and  he  lives  in  Spencer,  a  city  of  about  3,000  inhabitants.  He 
is  a  general  practitioner  with  a  large  rural  practice  in  the  sur- 
rounding country.  From  him  there  came  a  cry  out  of  the  wilder- 
ness, and  to  him  has  been  given  the  privilege  of  leading  Ameri- 
can civilization  a  step  in  advance.  He  is  the  inventor  of  the 
county  public  hospital  system  now  in  operation  in  at  least  five 
states. 

Like  most  country  doctors,  he  had  lost  many  cases  that 
might  have  been  saved  if  the  country  offered  a  man  as  fair  a 
chance  for  life  as  the  city  affords.  His  sympathy  went  out  to 
these  country  patients  and  their  disadvantages  oppressed  him. 
He  knew  that  many  of  these  rural  deaths  would  be  preventable 
if  there  were  adequate  facilities  at  hand  for  proper  surgical  or 
medical  treatment.  Since  these  facilities  were  lacking  he  was 
forced  to  see  men  and  women  and  children  die  pnnecessarily,  and 
he  cared  tremendously. 

About  seven  years  ago,  heartsore  at  these  lost  lives  that 
might  have  been  saved,  he  started  a  long,  hard  fight,  which  he 
has  partly  won  and  partly  lost,  but  in  which  he  is  bound  to 
triumph  in  the  end.  It  was  a  fight  for  public  hospitals  in  rural 
counties. 

"If  hospitals  are  good  for  city  people,"  he  asked,  "why  not 
for  country  people?" 


His  experience  had  taught  him  to  believe  that  pubUc  countj' 
hospitals,  readily  accessible  to  the  country  people,  would  save 
lives,  make  doctors  more  efficient,  prevent  malpractice,  train 
nurses,  teach  hygiene  to  the  community,  increase  longevity,  and 
lower  the  rural  death  rate. 

In  1909  Dr.  Munger  prepared  a  paper  for  the  State  Confer- 
ence of  Charities  and  Correction  held  at  Davenport  in  November, 
entitled  "The  County  Public  Hospital  as  an  Economic  and  Educa- 
tional Institution."  It  was  the  first  presentation  of  a  new  idea, 
the  first  gun  in  a  campaign  not  yet  ended. 

In  this  paper  he  called  attention  to  a  number  of  interesting 
facts.  He  pointed  out,  for  example,  that,  of  the  12,800  mothers 
who  die  annually  in  the  United  States  during  childbirth,  a  large 
proportion  could  be  saved  by  proper  care  and  scientific  attention. 
He  spoke  of  30,276  babies  dying  from  premature  birth  and  10,052 
from  lack  of  care.  "What  do  these  figures  stand  for?"  he  asked. 
"Race  suicide,  race  murder,  or  just  plain  carelessness?" 

Since  that  time  these  figures  have  grown  materially,  and 
the  fact  remains  that  the  country  districts,  where  lack  of  care 
prevails,  are  responsible  for  a  large  proportion.  The  death  rate 
from  typhoid  is  larger  in  the  country  than  in  the  city,  and 
typhoid  is  a  disease  demanding  trained  nurses.  Appendicitis  and 
other  troubles  requiring  surgical  treatment  also  flourish  in  the 
country  where  facilities  are  lacking. 

The  efficient  county  hospital  offered  the  only  hope ;  that  was 
Dr.  Hunger's  conviction.  "There  should  be  developed,"  he 
declared,  "a  public  hospital  system  fashioned  somewhat  after  the 
public  school  system,  and  our  national  health  should  be  made  an 
ever-increasing  national  asset" — a  big  idea  for  a  country  doctor 
to  cherish. 

Gradually  his  plan  took  form.  He  conceived  the  idea  of  a 
public  hospital  in  every  county  in  Iowa.  In  the  counties  not 
including  a  city  hospital  he  proposed  a  public  hospital  to  be  sup- 
ported by  a  county  tax  and  controlled  by  an  elected  board  of 
trustees. 

"There  will  be  neither  incentive  nor  opportunity  to  make 
such  a  hospital  a  money-making  institution,"  he  wrote.  "Crime 
and  graft  in  the  form  of  illegal  and  unnecessary  operations, 
wrong  diagnoses  for  the  sake  of  prolonged  treatment,  unwar- 
ranted division  of  fees,  and  other  evils  cannot  go  on  undiscov- 
ered and  unexposed.  It  will  furnish  its  care  at  the  lowest  price 
requisite  for  proper  maintenance;  it  will  not  concern  itself  with 

2 


the  fees  of  physicians  and  surgeons  except  in  those  cases  in 
which  patients  are  subjects  for  charity.  It  may,  however,  frown 
on  exorbitant  and  extortionate  charges.  It  will  be  conducted 
on  a  strictly  ethical  basis  and  be  made  the  health  centre  for  a 
community — a  centre  from  which  health  information  will  be  dis- 
seminated by  both  precept  and  example.  Its  equipment  will  be 
complete  with  every  facility  for  up-to-date  work;  it  will  have  a 
pathological  and  bacteriological  laboratory,  which  should  be 
auxiliary  to  the  laboratory  of  the  state  board  of  health.  An 
ambulance  service  will  be  provided.  A  necessary  and  most  im- 
portant adjunct  will  be  a  training  school  for  nurses.  An  X-ray 
laboratory  will  confer  great  benefits  on  both  patients  and  physi- 
cians." Such  a  hospital  should  be  open  to  all  who  might  need  it, 
without  regard  to  nationality,  creed,  or  resources. 

The  need  for  such  hospitals  in  Iowa  seemed  very  apparent  to 
Dr.  Munger.  The  city  hospitals  were  overcrowded,  and  were 
located  chiefly  along  the  eastern,  southern  and  western  boun- 
daries of  the  state.  "For  the  whole  interior  of  this  great  com- 
monwealth," said  he,  "with  approximately  2,000,000  people,  there 
are  only  799  hospital  beds,  or  one  bed  for  about  every  3,000  per- 
sons. Authorities  estimate  that  every  civilized  community  re- 
quires one  hospital  bed  for  every  100  inhabitants." 

Most  cities  of  15,000  inhabitants  had  hospitals,  but  not 
counties  of  15,000.  In  Iowa  80  per  cent,  of  the  population  lived 
in  small  towns  and  rural  districts,  and  long,  difficult  journeys, 
often  dangerous  to  a  sick  or  injured  person,  separated  most  of 
them  from  hospital  aid. 

Dr.  Hunger's  chief  concern  was  naturally  for  a  public  hos- 
pital in  his  own  county,  but  he  discovered  that  in  Iowa  counties 
had  no  legal  authority  to  build  or  maintain  hospitals.  Iowa's 
hospital  law  provided  for  the  establishment  of  hospitals  in  cities 
of  5,000  or  more  people,  and  there  were  only  twenty-five  such 
cities  in  the  state.  To  provide  hospital  benefits  for  the  rural 
counties  an  enabling  law  was  necessary;  so  Dr.  Munger  was 
forced  to  turn  his  attention  to  the  subject  of  legislation. 

This  was  a  new  and  untried  field  for  a  country  doctor,  but 
he  had  enlisted  for  the  war.  He  went  down  to  Des  Moines,  and 
with  the  help  of  the  state  librarian  drafted  a  bill  providing  that 
Iowa  counties  might,  if  so  voting,  establish  hospitals,  nurses' 
training  schools,  and  facilities  for  treating  tuberculosis,  to  the 
end  that  county  hospitals  might  be  established  throughout  the 
state  "with  equal  rights  to  all  and  special  privileges  to  none." 

3 


It  provided  that  the  county  supervisors  might  issue  bonds  and 
levy  a  tax  for  this  purpose,  not  to  exceed  two  mills  on  the  dollar 
I'or  a  period  of  time  not  exceeding  twenty  years. 

The  bill  was  introduced  into  the  Thirty-third  Iowa  Assembly 
on  February  5,  1909.  Senator  John  Foley  of  Chickasaw  County 
was  its  sponsor  in  the  Senate  and  B.  F.  Felt,  Jr.,  of  Clay  County, 
in  the  House.  It  passed  the  Senate  with  comparative  ease  on 
February  19th,  but  in  the  House  it  struck  a  snag.  In  the  first 
place,  opposition  arose  in  the  county  of  its  birth.  Dr.  Munger 
had  secured  the  support  of  the  Spencer  Ministerial  Union,  the 
local  Woman's  Club,  and  other  organizations,  and  Representative 
Felt  went  into  the  fight  with  a  fixed  purpose,  but  the  physicians 
of  Spencer  attacked  the  bill.  A  long,  hard  fight  followed,  but  at 
last,  within  a  week  of  the  end  of  the  session,  Mr.  Felt  and  Dr. 
Munger  won.  The  bill  was  passed  on  March  31,  1909,  and  became 
a  law  September  6th — the  first  specific  legislation  for  rural  public 
hospitals  enacted  in  the  United  States. 

Enthusiastic  individuals  in  several  counties  brought  the  hos- 
pital question  before  the  people,  but  Iowa  conservatism  prevented 
prompt  action.  Dr.  Munger  and  others  saw  the  need  for  a  cam- 
paign of  education.  They  appealed  to  Mr.  Aretas  E.  Kepford, 
official  lecturer  on  tuberculosis  connected  with  the  State  Board 
of  Health.  He  spread  the  doctrine  of  peoples'  hospitals  through- 
out the  state,  but  by  the  end  of  1910  only  one  county — Washing- 
ton— had  taken  favorable  action.  Warm  campaigns  were  con- 
ducted in  Buena  Vista  and  Cherokee  counties,  but  a  rural  preju- 
dice against  taxes  prevented  constructive  action. 

The  county  hospital  proposition  was  also  voted  down  in 
Woodbury,  Montgomery,  Scott,  Story,  Decatur,  Appanoose,  Polk, 
and  other  counties.  Dr.  Munger's  own  county,  Clay,  rejected  the 
opportunity. 

But  the  work  of  Munger,  Felt  and  Kepford  was  not  wholly 
in  vain.  Down  in  the  southeastern  part  of  the  state,  in  the  older 
section,  there  were  two  counties  which  voted  Yes  on  the  proposi- 
tion and  erected  the  first  two  public  county  hospitals  in  America 
that  are  open  to  all  patients  and  to  all  legally  qualified  practi- 
tioners of  medicine. 

In  Washington  County  the  moving  spirit  was  Dr.  C.  A.  Boice. 
He  secured  the  assistance  of  Mr.  Kepford  and  the  backing  of 
the  County  Medical  Society.  With  the  help  of  Mr.  Marsh  W. 
Bailey,  a  local  attorney,  he  drew  up  a  plan  for  a  one-mill  tax  for 
four  years  to  produce  a  building  fund  and  to  be  decreased  later. 

4 


\ 


The  proposition  was  carried  by  a  majority  of  784  at  the  election 
on  November  8,  1910. 

A  plot  of  eleven  acres  was  presented  to  the  county  by  Mr. 
and  Mrs.  William  Perry  Wells,  in  the  southern  part  of  the  city  of 
Washington,  and  here  the  pioneer  county  hospital  was  erected 
under  the  direction  of  Mr.  Bailey,  who  was  appointed  chairman 
of  the  first  board  of  trustees.  It  was  dedicated  and  ready  for 
occupancy  July  15,  1912. 

Owing  to  the  generosity  of  churches,  clubs,  lodges  and  indi- 
viduals in  furnishing  the  rooms,  the  board  was  able  to  spend  the 
entire  appropriation  of  about  $30,000  in  construction  work.  The 
hospital  is  80x40  feet,  built  of  reinforced  concrete,  brick  and 
stone,  and  is  absolutely  fireproof.  It  has  three  stories  and  base- 
ment, with  nineteen  private  and  two  five-bed  rooms,  accommo- 
dating twenty-nine  patients.  The  building  is  designed  to  furnish 
sunlight  and  adequate  ventilation  in  every  room.  Every  room 
has  telephone  and  electric  fan  connections,  and  an  indirect  light- 
ing system  is  used  throughout.  The  floors  are  of  terazzo  and 
easily  cleaned.  Large,  light  operating,  maternity  and  sterilizing 
rooms  are  located  on  the  third  floor,  equipped  with  the  latest  and 
most  serviceable  appliances,  including  two  portable  X-ray 
machines.  On  the  first  floor  is  a  clinical  laboratory.  Dining 
room,  kitchen  and  storage  rooms  are  in  the  basement,  presided 
over  by  a  graduate  in  domestic  science.  There  is  also  an  elevator 
shaft  in  which  an  elevator  is  soon  to  be  installed.  Of  the  eleven 
acres  of  ground,  two  acres  are  in  garden,  which  supplies  the  hos- 
pital with  fresh  vegetables. 

On  November  7,  1912,  a  Women's  Auxiliary  to  the  Wash- 
ington County  Hospital  was  organized  and  has  proved  most 
effective  in  furnishing  supplies,  etc.  It  now  numbers  196  mem- 
bers. 

A  nurses'  training  school  is  conducted  in  connection  with  the 
hospital.  The  three-year  course  of  instruction  is  considerably  in 
excess  of  the  requirements  of  the  State  Board  of  Health.  Lec- 
tures and  demonstrations  are  given  by  the  nursing  stafli  and 
physicians  from  September  to  June.  During  1913-14  there  were 
two  pupils;  during  1914-15  there  have  been  five.  The  regular 
staff  consists  of  the  superintendent  and  two  graduate  nurses. 

The  first  year,  131  patients  and  nine  infants  were  cared  for 
at  a  total  cost  of  about  $8,700  to  the  county;  the  second  year 
256  patients  and  nineteen  infants  were  cared  for  at  the  same 
expense;  in  two  and  a  half  years  the  total  had  grown  to  526 


k 


patients.  The  first  year  the  deficit  was  $3,920;  the  second  year 
it  was  $1,957.  In  a  year  or  two  more,  it  is  hoped,  the  hospital 
will  be  self-supporting. 

Already  the  Washington  County  hospital  has  more  than  jus- 
tified its  existence.  Many  patients  have  received  skilled  hospital 
treatment  who  would  otherwise  have  been  deprived  of  it,  and 
incidentally  the  physicians  and  surgeons  of  the  county  have  been 
growing  more  careful  and  efficient. 

In  nearby  Jefferson  County,  Dr.  James  Frederick  Clarke 
started  a  vigorous  campaign  with  Mr.  Kedford's  assistance  early 
in  1911  and  secured  the  support  of  the  local  physicians.  A  special 
election  was  held  on  March  27th  and  the  county,  by  a  majority 
of  493,  voted  a  bond  issue  and  a  half-mill  tax  for  ten  years.  A 
board  of  seven  trustees — all  laymen — was  organized  April  4th. 
The  tax  levy  yielded  $27,000,  and  $4,200  was  raised  by  subscrip- 
tion.   Equipment  valued  at  $8,000  was  also  donated. 

The  building  was  erected  in  Fairfield,  the  county  seat,  dedi- 
cated September  17,  1912.  and  opened  October  2d, 

In  size  and  equipment  the  Jefi"erson  County  Hospital  is  simi- 
lar to  its  neighbor.  It  is  a  three-story  building  with  accommo- 
dations for  twenty-five  patients.  It  is  not  entirely  fireproof  like 
the  Washington  County  Hospital,  but  in  addition  to  its  neighbor's 
equipment  in  operating,  sterilizing  and  laboratory  rooms  it  owns 
a  $1,700  X-ray  apparatus,  an  ambulance,  an  electric  elevator  and 
a  sun  porch  for  winter  and  summer  use.  Auxiliary  societies  have 
been  formed  and  they  furnish  supplies. 

The  nurses'  training  school  was  organized  November  1,  1912, 
and  provides  a  three-year  course  leading  to  a  full  certificate.  A 
nine-room  cottage  was  rented  near  by  and  furnished  as  living 
quarters  for  the  two  graduate  and  five  pupil  nurses.  The  super- 
intendent lives  in  the  main  building. 

The  report  for  the  first  fifteen  months  showed  296  patients 
admitted,  and  twenty-six  births.  There  were  174  surgical  cases. 
The  earnings  for  the  period  were  $10,244  and  the  expenses 
$11,392,  so  that  the  net  expense  to  the  county  for  maintenance 
was  only  a  little  more  than  $1,000. 

The  hospital  is  open  to  all  legal  practitioners  in  the  county 
on  an  eciual  footing.  The  board  of  trustees  have  complete 
authority,  and  there  is  an  advisory  committee  of  three  physicians 
chosen  by  the  County  Medical  Society. 

;  These  two  hospitals  are  the  only  ones  thus  far  that  have 
been  established  under  the  Munger  Law,  except  a  special  county 
tuberculosis  and  isolation  sanitarium  at  Davenport.  Scott  County, 

6 


established  under  Mr,  Kepford's  direction.  It  was  opened  July 
4,  1914,  cost  $/o,000,  and  has  a  capacity  of  forty  patients.  Wood- 
bury County  has  voted  $100,000  for  a  similar  hospital  at  Sioux 
City,  but  definite  action  has  not  yet  been  taken.  Constructive 
agitation  is  now  being  carried  on  in  other  counties. 

But  despite  the  tardiness  with  which  Iowa  has  taken  advan- 
tage of  its  county  hospital  law,  the  Hunger  idea  is  spreading. 
Indiana,  Kansas,  Texas  and  North  Carolina  have  all  passed 
county  hospital  laws,  and  New  York  has  a  township  hospital  law 
which  bears  the  Hunger  earmarks.  South  Dakota  and  one  or  two 
other  states  are  planning  to  take  early  action. 

In  January,  1911,  Dr.  H.  0.  Hyatt  of  Kinston.  N.  C,  started 
an  agitation  for  county  hospitals  by  writing  articles  for  the  news- 
papers. About  a  year  later  the  Hunger  law  was  passed  in  North 
Carolina  with  some  additions  looking  toward  a  broad,  state-super- 
vised county  health  organization,  which  is  now  being  put  into 
operation  by  Dr.  Rankin,  head  of  the  state  board  of  health. 

In  1913,  after  consulting  with  Dr.  Hunger,  the  Texas  Board 
of  Health  prepared  a  bill  requiring  county  hospitals  in  counties 
which  include  cities  of  10,000  population  or  more,  and  permitting 
other  counties  to  build  them.  This  law  was  passed  and  was  put 
into  operation  July  1,  1913.  In  one  year  four  counties  had  taken 
favorable  action — Bexar,  Tarrant,  Wichita  and  El  Paso. 

In  1913  Representative  J.  W.  Carnahan  of  Clay  Center,  Kan- 
sas, introduced  a  bill  which  was  passed  in  Harch,  1913,  by  the 
Kansas  legislature.  It  is  almost  identical  with  the  Hunger  bill, 
but  applies  only  to  counties  of  less  than  40,000  population  or  all 
except  six  counties  which  include  large  cities. 

Indiana's  law  is  the  same  as  Iowa's  law  except  that  provision 
is  made  for  a  veterinary  laboratory.  At  Columbus,  Ind.,  a  move- 
ment was  recently  launched  for  the  building  of  a  $100,000  county 
hospital. 

Thus  the  movement  is  growing.  "I  predict,"  said  Dr.  Hun- 
ger, "that  inside  of  tw^enty  years  every  state  in  the  Union  will 
adopt  some  public  hospital  system  that  will  offer  opportunities  to 
all  in  the  state,  including  the  rural  population,  and  that  will  be 
under  state  supervision." 

"What  is  America's  health  problem?"  he  asks.  "Briefly,  it 
is  to  prevent  preventable  disease,  cure  curable  disease,  relieve 
suffering,  and  prolong  life.  Toward  the  solution  of  this  problem 
much  is  being  done  by  states  and  cities  through  more  and  more 
efficient  health  departments.     But  notwithstanding  the  advan- 

7 


tages  of  natural  environment,  rural  people  have  not  the  same 
opportunity  for  health  conservation  that  urban  residents  have. 
The  object  of  the  county  hospital  law  is  to  make  it  possible  for 
rural  people  to  provide  themselves  with  the  same  advantages 
that  city  people  have  in  dealing  with  accident  and  disease." 

The  small  county  hospital  offers  trained  care  and  good  facili- 
ties near  at  hand,  the  prompt  aid  that  often  saves  lives,  and  a 
short  journey  for  the  ill  or  injured.  It  offers  its  advantages  at 
half  the  cost  of  equal  care  at  home.  It  offers  sunlight,  pure  air, 
freedom  from  smoke,  noise  and  dust,  and  the  individual  attention 
of  trained  nurses. 

The  public  hospital  is  no  longer  a  charity  for  the  sick  poor; 
it  is  a  public  requirement  in  country  as  well  as  in  city.  It  is  no 
longer  a  house  of  mystery,  but  a  shelter  for  its  own  proprietors. 
Furthermore,  the  county  hospital  may  be  made  the  centre  of  an 
important  work  in  the  dissemination  of  hygienic  knowledge. 

This  is  the  big  movement  that  an  Iowa  country  doctor  has 
started.  It  is  in  line  with  the  other  movements  looking  toward 
the  better  organization  of  country  life  in  America — in  all  its 
social,  educational  and  economic  phases. 

THE  SPREAD  OF  COUNTY  LIBRARIES. 

How  Van  Wert  County,  O.,  Has  Solved  the  Problem  of  the  Distribution  of 

Good  Reading  Among  Isolated  Rural  Communities  by   Means  of  a 

County  Public  Library  with  Branches  in  the  Country  Stores 

and  Collections  of  Books  in  the  Country  Schools. 

It  is  doubtful  if  5  per  cent,  of  our  total  population  ever  read 
books  or  magazines.  In  our  more  progressive  cities  the  percent- 
age of  readers  has  been  greatly  increased  by  the  efforts  of  muni- 
cipal public  libraries  to  serve  the  people,  but  in  the  country — rep- 
resenting about  55  per  cent,  of  our  population — the  average  often 
falls  frightfully  near  to  zero. 

"Much  more  than  half  the  men,  women  and  children  of  the 
United  States  live  in  the  open  country  and  in  the  smaller  towns 
and  cities  out  of  the  reach  of  the  city  libraries,"  declares  Dr. 
P.  P.  Claxton,  United  States  Commissioner  of  Education.  "Prob- 
ably 70  per  cent,  of  the  entire  population  of  the  country  have  no 
access  to  any  adequate  collection  of  books  or  to  a  public  reading 
room.  In  only  about  one-third  of  the  counties  of  the  United 
States  is  there  a  library  of  5,000  volumes  or  more.  In  only  about 
100  of  these  do  the  village  and  country  people  have  free  use  of 

8 


the  libraries.  In  this,  as  in  so  many  other  things,  the  people  who 
need  help  most  and  who  would  be  most  benefited  by  it  have  been 
neglected." 

Only  one  hundred  rural  reading  depots  in  the  United  States 
that  are  really  doing  their  job!  One  hundred  libraries  to  serve 
fifty  million  people !  Is  it  any  wonder  that  not  one  American  in 
twenty  is  a  reader?  Is  it  any  wonder  that  publishers  find  the 
problem  of  distribution  increasingly  difficult?  Is  it  strange  that 
the  national  Bureau  of  Education  and  the  American  Library 
Association,  not  to  mention  Mr.  Carnegie  and  his  advisers,  should 
have  awakened  at  last  to  the  crying  need  for  rural  libraries? 

In  New  England,  and  to  some  extent  elsewhere,  endowed 
village  libraries  are  a  common  solution  of  the  problem ;  but  they 
presuppose    the    existence — or    death — of    a    benefactor,    and 
through  them  the  town  becomes  an  object  of  philanthropy  and 
paternalism,  which  is  not  a  system  to  be  advocated  or  extended 
if  we  have  at  heart  the  best  interests  of  American  democracy. 
The  little  local  subscription  library,  on  the  other  hand,  is  too 
weak  and  too  narrow  in  its  scope  to  offer  a  general  solution,  and 
the  taxable  property  of  most  country  towns  and  villages  is  not 
sufficient  to  enable  them  to  support  good  public  libraries  unaided. 
The  answer  is  to  be  found  in  the  central  library  owned  by 
county  or  township,  according  to  local  conditions,  and  operating 
an  adequate  number  of  rural  branches  or  sub-stations  to  insure 
direct  contact  with  all  the  people.    The  county  has  been  generally 
accepted  as  the  ideal  library  unit,  though  there  are  sections  of 
the  country  where  the  township  or  some  other  unit  would  be 
preferable.    In  Wyoming,  for  example,  there  are  counties  larger 
than  the  State  of  Rhode  Island,  but  their  population  may  be 
smaller  than  that  of  a  New  York  township.    It  will  be  understood, 
therefore,  that  the  term  "county  library"  may  be  changed  to 
"township   library"   where   local   conditions    demand   the   more 
restricted  unit. 

"The  only  help  for  all,"  says  Dr.  Claxton,  "is  in  the  county 
library,  supported  by  taxes  levied  on  all  the  taxable  property  of 
the  county,  managed  by  trained  librarians,  and  having  branches 
in  all  the  towns,  villages  and  schools  of  the  county."  For  poor 
counties  there  should  be  state  aid. 

California  is  at  present  leader  in  this  field  with  twenty-seven 
active  county  libraries,  most  of  them  established  since  1910. 
County  library  laws  have  also  been  passed  in  Ohio,  Wyoming, 
Wisconsin,  Minnesota,  Missouri,  Maryland,  Washington,  Oregon, 

9 


Nebraska,  New  York  and  Iowa.  All  but  throe  of  these  state  pro- 
vide for  a  county  tax.  In  New  York,  Wisconsin  and  Minnesota 
the  county  commissioners  are  permitted  to  make  appropriations 
which  in  Wisconsin  and  Minnesota  have  a  limit  of  $500  annually. 
The  movement  has  also  taken  root  in  Indiana,  Illinois  and  Texas, 
and  early  action  is  expected  in  a  few  other  states.  Minnesota 
has  eleven  county  libraries,  Wyoming  nine,  and  Ohio  eight,  the 
other  states  following  with  fewer.  School  district  libraries  are 
receiving  the  greatest  encouragement  and  most  adequate  support 
in  Oregon.  In  Indiana  the  township  has  been  generally  adopted 
for  rural  library  organization. 

Many  of  these  states  have  passed  their  laws  and  started  the 
county  library  movement  within  the  last  four  or  five  years,  so 
that  it  might  be  considered  too  early  to  form  an  estimate  of  the 
efficiency  of  the  plan  were  it  not  for  the  striking  success  of  three 
or  four  county  libraries  in  the  Middle  West,  of  which  the  one  at 
Van  Wert,  O.,  was  the  pioneer  and  is  still  perhaps  the  best 
example.  Started  nearly  ten  years  before  the  birth  of  the  Cali- 
fornia movement,  it  has  been  actively  and  comprehensively  serv- 
ing an  entire  rural  county  since  January  1,  1901,  and  has  raised 
the  proportion  of  readers  among  its  constituency  from  the  deadly 
5  per  cent,  to  at  least  55  per  cent.,  and  probably  much  more.  The 
population  of  Van  West  County  is  about  30,000.  In  1914  there 
were  more  than  16,000  borrowers.  More  than  92,000  books  were 
circulated. 

How  have  such  results  been  obtained?  Van  Wert,  though 
particularly  favored  in  some  few  respects,  has  done  nothing 
beyond  the  powers  of  the  average  rural  county,  south,  east  or 
west.  The  county  lies  in  the  northwestern  part  of  Ohio.  Its 
406  square  miles  are  divided  into  twelve  townships.  Its  popula- 
tion, when  the  1910  census  was  taken,  was  29,119,  mostly  Ameri- 
cans of  English,  German  and  Welsh  descent,  besides  about  400 
Negroes  of  the  more  industrious  type.  It  is  a  strictly  rural 
county,  containing  only  two  towns  of  more  than  1,000  inhabit- 
ants, the  largest  being  Van  Wert  with  about  8,000.  There  is  no 
large  city  near,  and  the  county  is  predominantly  agricultural. 
Of  its  259,497  acres,  229,580  are  under  cultivation.  Considerably 
more  than  half  the  population  live  on  farms.  So  much  to  indicate 
the  nature  of  the  field. 

The  library  movement  had  its  modest  beginnings  in  1891, 
when  a  dozen  ladies  in  the  little  city  of  Van  Wert  organized  a 
reading-room  association.     In  1893  this  had  become  a  subscrip- 

lu 


tion  library,  and  the  Van  Wert  Library  Association  was  incor- 
porated. By  1894  they  had  accumulated  600  books  and  a  fund 
of  $600  and  they  decided  to  throw  open  their  library  to  the 
public.  A  room  was  hired  and  was  opened  in  September,  1894, 
with  a  librarian  in  charge. 

In  1896  the  city  council  voted  a  tax  levy  of  three-tenths  of 
a  mill  for  the  library,  which  netted  $559  a  year,  and  it  was  made 
a  free  city  library.  There  were  still  only  1,400  books,  and  money 
was  needed  for  more,  so  that  the  Library  Association  continued 
to  raise  funds  by  solicitation  and  by  giving  entertainments. 

One  of  the  most  generous  and  constant  patrons  of  the  library 
was  Mr.  John  Sanford  Brumback,  a  Van  Wert  merchant  and 
banker  who  had  grown  up  and  prospered  with  the  community. 
He  became  vitally  interested  in  the  future  of  the  library  and 
conceived  the  idea  of  extending  its  activities  and  benefits  to 
include  not  only  the  town  of  Van  Wert,  but  the  entire  county. 
He  developed  the  outline  of  a  plan  for  a  county  library  and  con- 
sidered the  erection  of  a  building  adequate  for  this  purpose,  but 
failing  health  made  it  impossible  for  him  to  carry  out  his  inten- 
tion. 

Mr.  Brumback  died  in  December,  1897,  leaving  a  will  in 
which  he  provided  for  the  erection  of  a  substantial  library  build- 
ing on  the  condition  that  none  of  his  heirs — two  sons  and  two 
daughters — should  raise  any  objection.  They  not  only  voted 
unanimously  to  accept  this  provision,  but  actively  set  about  to 
carry  out  their  father's  wishes.  They  drew  up  a  contract  to  be 
entered  into  by  the  Brumback  heirs,  the  Library  Association,  the 
city  of  Van  Wert,  and  the  county  commissioners,  providing  for 
the  erection  of  the  building  by  the  heirs  and  its  donation  to  the 
county  an  agreement  on  the  part  of  the  county  to  support  the 
library  by  a  half -mill  tax,  the  turning  over  to  the  county  of  the 
books  and  property  of  the  Library  Association,  and  the  permis- 
sion of  the  city  to  erect  the  building  in  its  central  park.  It  fur- 
ther provided  for  the  management  of  the  library  by  a  non-parti- 
san board  of  trustee,  two  to  be  appointed  by  the  Library  Asso- 
ciation, three  by  the  county  commissioners,  and  two  by  the 
Brumback  heirs,  the  Common  Council  of  Van  Wert  City  to  make 
the  appointments  in  the  event  of  any  of  the  parties  failing  to  do 
so.  The  trustees  were  to  serve  for  over-lapping  terms  of  three 
years  each. 

This  proposal  was  promptly  accepted  by  the  city  of  Van 
Wert  and  by  the  Library  Association.    The  county  commissioners 


were  unable  legally  to  do  so,  and  Mr.  Orville  S.  Brumback,  one 
of  the  heirs  and  a  former  member  of  the  state  legislature  from 
Toledo,  prepared  a  bill  making  it  lawful  for  Ohio  county  com- 
missioners to  bind  their  counties  to  the  support  of  libraries  by 
taxation.  This  bill  was  introduced  March  25,  1898.  Its  passage 
was  vigorously  urged  by  the  Pomona  Grange  and  other  organiza- 
tions of  Van  Wert  County  and  it  became  a  law  April  26,  1898. 
This  was  the  first  effective  county  library  law  to  be  passed  in 
the  United  States. 

Some  opposition  to  the  tax  arose  in  the  county  through  a 
misunderstanding  of  the  scope  of  the  plan,  but  this  soon  disap- 
peared and  on  July  30,  1898,  the  county  commissioners  voted 
to  sign  the  contract  and  to  levy  the  half-mill  tax. 

The  cornerstone  of  the  Brumback  Library  was  laid  with 
Masonic  ceremonies  on  July  18,  1899.  It  was  a  big  day  for  Van 
Wert.  Business  houses  closed  their  doors  and  the  whole  com- 
munity turned  out.  The  streets  were  gay  with  bunting  and  hun- 
dreds of  country  people  drove  in  to  witness  the  parade  and  listen 
to  the -speeches.  And  it  was  a  big  day  for  the  United  States  of 
America,  too,  for  Van  Wert  laid  the  cornerstone  of  an  instit 
that  some  day  will  probably  extend  over  the  entire  Nation. 

The  building  was  erected  at  a  cost  of  about  $50,000 — a  sub- 
stantial stone  structure,  with  steel-truss,  tile-covered  roofs.  The 
commodious  interior  provided  space  for  40,000  volumes,  and 
included  a  main  reading  room,  two-story  stack,  basement,  and 
rooms  for  the  librarian  and  the  trustees,  and  for  juvenile  and 
reference  works. 

The  Brumback  Library  was  dedicated  January  1,  1901,  and 
was  opened  to  the  public  on  January  28th.  Thus  a  building  and 
a  library  of  1,800  volumes  became  county  property  before  a  cent 
of  the  taxpayers'  money  had  been  spent.  The  first  year  $5,000 
was  available  for  new  books  and  running  expenses.  Since  then 
this  amount  has  been  increased,  but  in  recent  years  the  county 
has  not  been  called  upon  to  appropriate  the  full  sum  allowed  by 
law.  In  1913  the  total  expenditures  of  the  library  amounted 
to  $8,500. 

Previous  to  the  opening  of  the  library  the  trustees  engaged 
a  trained  library  organizer.  Miss  Janet  M.  Green  of  Chicago, 
to  put  into  operation  a  circulation  system  and  to  catalogue  the 
1,800  books  turned  over  by  the  Library  Association.  After  the 
first  of  the  year  2,700  more  volumes  were  purchased  and  a  per- 
manent librarian  was  engaged. 

12 


The  first  borrower's  card  was  made  out  to  Mrs.  Brumback, 
widow  of  the  donor  of  the  building.  Scores  of  patrons  came  in 
the  first  day,  and  in  three  days  about  300  books  had  been  drawn 
out.  One  farmer  drove  in  eleven  miles  with  a  list  of  books  that 
he  wanted  to  read. 

As  soon  as  the  work  of  the  central  library  was  well  under 
way  the  trustees  turned  their  attention  to  the  task  of  extending 
its  benefits  throughout  the  county.  They  found  no  precedents 
for  their  work,  no  model  to  guide  them.  It  was  their  duty  to 
provide  reading  for  all  the  residents  of  the  county,  however 
remote  from  the  county  seat,  and  they  realized  that  Mahomet 
would  not  come  to  the  mountain:  the  mountain  must  go  to 
Mahomet. 

The  establishment  of  sub-stations  or  branch  libraries  was 
the  logical  procedure,  and  the  first  steps  were  taken  early  in 
1901.  The  town  of  Willshire,  one  of  the  most  remote  points  in 
the  county,  was  the  first  to  receive  a  collection  of  books.  On 
February  19th  about  100  volumes  were  installed  in  a  bookcase 
in  a  Willshire  hardware  store.  Other  branches  were  established 
as  rapidly  as  satisfactory  arrangements  could  be  made,  not  only 
in  the  towns,  but  at  convenient  cross-roads  points.  The  books 
were  intrusted  to  the  care  of  storekeepers  and  postmasters,  who 
at  first  performed  their  duties  as  branch  librarians  without  pay. 
In  a  few  months,  however,  it  was  decided  that  the  work  would 
be  better  done  and  necessary  requirements  could  be  more  freely 
exacted  of  the  branch  custodians  if  they  should  receive  a  small 
salary.  The  trustees  consequently  voted  to  pay  $50  a  year  to 
each  in  semi-annual  instalments. 

During  1901  an  experimental  system  was  devised  for  passing 
on  the  collections  from  station  to  station,  and  1,000  books  were 
purchased  for  the  branches,  to  be  returned  to  the  shelves  of  the 
central  library  after  going  the  rounds.  This  play  was  soon 
modified  so  that  each  branch  librarian  must  return  his  collection 
to  the  central  library  for  inspection,  repairs,  and  recording  before 
it  was  sent  to  the  next  station.  A  date  schedule  was  carefully 
worked  out  to  secure  the  best  possible  results.  A  total  of  2,800 
volumes  were  sent  to  the  nine  branches  established  the  first  year. 

At  the  end  of  1901  the  library  owned  6,750  volumes,  and  the 
average  circulation  for  the  year  was  107  books  a  day. 

In  1902  other  branches  were  established  and  an  assistant 
librarian  was  engaged  to  take  charge  of  this  department.  Still 
more  branches  were  opened  in  1903  and  1904,  and  the  system 

13 


and  the  schedules  of  distribution  were  improved.  In  1906  another 
lot  of  2,000  books  was  purchased  for  the  branches  and  in  1908 
a  system  of  circulating  periodicals  through  the  stations  was 
introduced.  This  system  was  improved  in  1910,  so  that  now 
the  farmers  of  Van  Wert  County  have  the  privilege  of  reading 
with  a  fair  degree  of  regularity  such  publications  as  Harper's, 
Scribner's,  The  Century,  The  World's  Work,  and  St.  Nicholas. 

There  are  now  fifteen  active  branches,  geographically  well 
distributed,  located  at  Willshire,  Ohio  City,  Convoy,  Middle  Point, 
Venedocia,  Cavett,  Dasie,  Wetsel,  Glenmore,  Converse,  Scott, 
Dixon,  Wren,  Elgin,  and  in  the  public  library  at  Delphos. 

Not  to  go  too  deeply  into  the  details  of  the  distribution 
system  and  date  schedules,  it  is  sufficient  to  say  that  sixteen 
boxes  of  about  125  books  each  are  kept  constantly  in  service,  four 
of  which  are  renewed  each  year.  At  the  larger  stations  these 
are  regularly  supplemented  by  additional  collections.  Each  box 
contains  a  balanced  collection  of  juvenile,  fiction,  and  general 
works,  for  which  the  branch  custodians  are  responsible  until 
their  return.  Each  station  is  supplied  with  a  bookcase,  cards, 
printed  lists,  and  other  accessories. 

The  efforts  of  the  Brumback  Library  to  encourage  reading 
in  the  remotest  sections  of  the  county  have  borne  gratifying 
fruit.  By  this  means  scores  of  isolated  families  have  been  placed 
in  contact  with  the  world's  best  thought.  Hundreds  of  men, 
women  and  children,  previously  deprived  of  the  advantages  of 
good  reading,  have  been  reached  and  influenced  by  this  rational, 
tax-supported  agency. 

Another  development  of  the  extension  work  of  the  Brum- 
back Library  has  been  in  connection  with  the  schools.  The  work 
of  the  rural  schools  and  the  schools  of  the  small  towns  of  the 
county,  resulting  in  a  circulation  even  greater  than  that  of  the 
branches,  is  now  an  important  element  in  the  activities  of  the 
library  and  is  cared  for  in  a  special  department  under  a  special 
assistant. 

In  1902  a  request  came  from  the  superintendent  of  the  Van 
Wert  city  school  for  teachers'  cards.  The  request  was  granted 
and  the  privilege  was  extended  to  all  the  teachers  in  the  county. 
Clergymen  and  other  special  workers  are  now  included.  By  the 
end  of  1903  fifty-two  teachers'  cards  had  been  issued. 

In  1907  the  total  number  of  special  cards  registered  num- 
bered 192,  and  many  of  the  county  .schools  used  collections  rang- 
ing from  ten  to  fifty  books.     A  special  county  school  collection 

14 


of  678  volumes  was  established  and  was  supplemented  by  more 
than  three  hundred  volumes  from  the  central  library. 

This  department  became  more  and  more  popular,  and  in 
1912  sixtj'-seven  school  libraries  were  in  use,  and  the  school  col- 
lection had  been  increased  to  3,200  volumes.  The  circulation 
showed  a  gain  of  8,500  in  one  year.  During  1913  more  than 
4,200  volumes  were  lent  to  teachers  in  the  county,  and  by  1915 
ninety  of  the  113  schools  outside  of  Van  Wert  city  had  availed 
themselves  of  the  privilege  of  obtaining  school  libraries,  repre- 
senting more  than  2,900  unregistered  borrowers. 

A  new  law  in  Ohio  requires  that  every  rural  school  in  the 
state  shall  have  a  collection  of  at  least  fifty  books,  so  that  all 
113  of  the  Van  Wert  county  schools  will  now  avail  themselves 
of  the  advantages  of  the  Brumback  Library,  affecting  6,000 
pupils. 

In  addition  to  the  rural  schools  the  city  schools  have  been 
served.  The  library  is  regularly  used  for  reference  by  the  340 
high  school  pupils,  and  a  reading  course  is  now  a  high-school 
requirement. 

In  the  other  city  schools,  a  carefully  selected  collection  of 
ten  volumes  is  placed  in  each  of  the  sixteen  rooms  representing 
the  first  four  grades,  and  the  books  are  lent  by  the  teachers  to 
the  children  for  home  reading.  These  collections  are  exchanged 
every  two  months.  During  last  school  year  the  circulation  on 
these  160  books  was  4,332,  or  twenty-seven  circulations  for  each 
book. 

It  has  been  the  policy  of  the  Brumback  Library  at  all  times 
to  have  a  trained  librarian  at  its  head.  The  staff  now  includes 
five  efficient  workers  besides  the  janitor.  They  act  not  only  as 
library  operatives,  but  as  missionaries  of  good  reading  through- 
out the  county,  answering  all  manner  of  inquiries,  addressing 
teachers'  institutes,  and  visiting  the  schools  and  branch  stations. 

The  library  now  owns  25,897  volumes.  The  total  circulation 
for  1914  was  92,026,  including  46,432  for  the  central  library, 
15,368  for  the  branches,  and  25,844  for  the  county  schools.  The 
total  showed  a  net  gain  of  1,173  over  1913.  Total  number  of 
borrowers,  16,197. 

Since  the  establishment  of  the  Brumback  Library  Van  Wert 
County  has  experienced  an  awakening  all  along  the  line.  Good 
county  pikes,  county  parks,  a  county  fair,  a  rounty  hospital,  and 
a  county  Chautauqua  are  among  the  evidences  of  its  progressive- 

15 


ness.     To  these  are  soon  to  be  added  an  endowed  county  Y.  M. 
C.  A.  and  an  endowed  county  Y.  W.  C.  A. 

Van  Wert  County  has  provided  for  its  most  isolated  citizens 
an  open  road  to  the  world  of  books.  Its  achievement  is  an 
encouragement  to  the  friends  of  popular  education  in  America. 


m 


METHOD  AND  COST 

OF   COLLECTING   TAXES 

IN  WESTCHESTER  COUNTY 


WESTCHESTER   COUNTY   RESEARCH    BUREAU 
WHITE  PLAINS,  N.  Y. 


METHOD  AND  COST 

OF   COLLECTING   TAXES 

IN  WESTCHESTER  COUNTY 


WESTCHESTER    COUNTY    RESEARCH    BUREAU 

WHITE  PLAINS,  N.  Y. 

191J 


^VESTCHESTER    COUNTY    REvSEARCH    BUREAU 

I  SCO K  PO  RAXED 

15    COURT    STREET 

WHITE  PLAIXS.  X.  Y.,  MAY   1.   lOll 


To  the  Board  of  Directors  of  the 

Westchester  County  Research  Bureau, 

GENTLEMEN: 

In  accordance  with  3'our  instructions,  I  herewith  submit 
my  report  of  the  results  of  a  study  of  the  conditions  governing 
the  collection  of  taxes  in  Westchester  County,  the  methods  em- 
ployed in  making  such  collections,  and  the  resultant  cost  to  the 
taxpayer. 

The  report  also  contains  suggestions  for  changes  in  the 
law,  intended  to  increase  the  efficiency  and  reduce  the  cost  of 
tax  administration. 

Respectfully  yours, 

OTHO  GRANFORD  CARTWRIGHT, 

Director  of  Research. 


PREFATORY  NOTE 

The  Westchester  County  Research  Bureau  is  non-partisan. 
It  aims  to  be  helpful  and  constructive ;  to  save  time  and  money 
to  the  taxpayers;  to  5how,  by  the  collection  and  clear  presenta- 
tion of  the  exact  facts  bearing  upon  administrative  problems, 
the  true  conditions  governing  such  problems;  and  to  aid  in  the 
achievement  of  the  following  aims : 

1.  The  greatest  efficiency  consistent  with  economy 
in  the  administration  of  public  office. 

2.  The  greatest  economy  in  the  expenditure  of 
public  funds,  the  people's  money,  consistent  with  effi- 
ciency. 

3.  Such  a  system  of  public  accounting  as  will 
answer  all  questions  of  the  condition  of  public  funds  at 
any  time. 

4.  Such  a  system  of  public  service  records  as  will 
show  in  detail  the  efficiency  and  fidelity  of  public  em- 
ployes. 

The  chief  causes  of  inefficiency  and  extravagance  in  our 
local  government  are  the  following : 

(i)  The  continued  use  of  methods  and  machinery 
of  administration  devised  long  ago  for  sparsely  settled 
farming  communities  and  now  antiquated  and  inade- 
quate for  the  needs  of  a  county  filled  with  large,  pro- 
gressive, and  rapidly  growing  villages  and  cities. 

(2)  The  tendency  of  public  officials  untrained  in 
administration  and  unskilled  in  interpretation  of  the 
law,  to  follow  precedent  rather  than  statute,  and  thus 
commit  unwitting  errors  and  make  important  omis- 
sions. 

(3)  The  lack  of  diligence  on  the  part  of  the  citizen 
body  in  letting  official  representatives  know  its  will  in 
matters  of  governmental  policy. 

(4)  The  occasional  existence  of  official  greed, 
leading  to  dishonest  administration  for  personal  gain — 
commonly  called  "graft." 

The  Bureau  believes  that  through  the  principle  of  co-opera- 
tion with  the  officials  of  the  various  departments  of  government 


4  METHOD  AND  COST  OF  COLLECTING 

part  of  these  causes  can  be  eliminated,  waste  prevented,  and 
public  service  permanently  placed  upon  a  better  basis.  The  ac- 
complishments of  similar  organizations  elsewhere  support  and 
encourage  such  conviction.  Other  faults  will  doubtless  require 
legislation. 

The  Bureau  presents  herewith  a  report  on  the  collection  of 
taxes  under  the  special  laws  of  Westchester  County.  This  re- 
port shows  sometimes  high  efficiency,  but  more  frequently 
lamentable  lack  thereof,  in  the  administration  of  the  tax  laws. 
There  is  even  lack  of  complete  tax  records  in  several  towns. 
Such  deficiencies  and  gaps  as  exist  in  the  records  have  been 
supplied  as  far  as  possible  by  consultation  with  those  most  con- 
versant with  the  facts,  and  by  comparison  with  supplementary 
data. 

A  summary  of  the  principal  features  of  the  report,  with  page 
references  to  the  more  extended  discussion  that  follows,  will  be 
found  in  Chapter  I. 

The  Bureau  has  met  with  the  most  courteous  treatment  on 
the  part  of  public  officials.  It  is  felt  that  this  is  due  in  no  small 
measure  to  the  feeling  that  the  Bureau's  efforts  are  co-operative 
and  not  antagonistic. 

It  is  a  source  of  gratification  to  add  that  such  suggestions 
as  it  has  seemed  wise  to  the  Bureau  to  offer  regarding  changes 
that  might  be  advantageous  in  routine  management  have  been 
seriously  considered  and  frequently  adopted. 

The  Bureau  has  been  called  upon  to  co-operate  in  the  pre- 
paration of  schedules  for  investigation  by  various  committees, 
and  to  aid  fiscal  officers  of  some  of  the  municipal  corporations 
of  the  county  in  the  installation  of  modern  accounting  systems, 
and  the  improvement  of  existing  methods.  Service  of  this  kind, 
the  Bureau  regards  it  a  j^rivilege  to  render. 


TAXES  IN  WESTCHESTER  COUNTY  5 

CHAPTER  I. 

CONDENSED   STATEMENT   OF  TAX   INVESTIGATION 

WITH  SUGGESTED  REMEDIES 

The  difficulties  experienced  by  taxpayers  of  Westchester 
County,  both  resident  and  non-resident,  in  learning  the  amount 
of  their  taxes  and  when  they  are  due,  and  in  finding  the  proper 
person  to  whom  to  pay  them,  prompted  the  Westchester  County 
Research  Bureau  to  undertake  a  study  of  the  methods  of  col- 
lection of  taxes  in  the  county.  As  researdh  progressed,  the 
Bureau  was  impressed  with  the  great  cost  of  making  such 
collections.  It  was  decided  to  include  a  study  of  the  cost  added 
to  the  face  of  the  tax  by  the  processes  of  collection.  The  result 
has  been  surprising,  as  shown  in  the  following  pages. 

The  study  began  with  an  analysis  of  the  laws  governing  the 
tax  administration.  It  was  then  carried  through  the  administra- 
tive offices  of  the  various  communities  of  the  county.  The 
records  of  supervisors  and  town  clerks  have  been  freely  thrown 
open  to  the  Bureau,  and  the  officers  themselves  'have  co-operated 
in  the  interpretation  of  records  that  were  obscure,  and  in  supply- 
ing, from  their  own  personal  knowledge  and  experience,  data 
not  recorded. 

The  objects  borne  constantly  in  mind  during  the  course  of 
this  investigation  have  been : 

1.  To  compare  actual  administration  with  the 
provisions  of  the  law. 

2.  To  learn  whether  the  law,  where  actually  car- 
ried out,  has  accomplished  its  apparent  purposes. 

3.  To  learn  wherein  officials  misconstrue,  neglect, 
evade,  or  violate  provisions  of  the  law,  and  to  study 
the  results  thereof. 

4.  To  propose  remedial  measures  for  faults  in  law 
and  administration. 

THE  GENERAL   LAW 

The  assessment,  levy,  and  collection  of  taxes  in  Westchester 
County  are  conducted  under  the  general  tax  laws  of  the  state, 
to  the  point  when,  at  the  expiration  of  the  time  named  in  his 
warrant,  or  its  legal  extension,  the  collector  or  receiver  makes 
a  return  of  the  taxes  still  remaining  unpaid.     After  that  point 


6  METHOD  AND  COST  OF  COLLECTING 

the  procedure  is  regulated  by  Chapter  6io,  Laws  of  1874,  as 
amended,  commonly  known  as  the  Westchester  County  Tax  Sale 
Law.     (Pp.  10-12.) 

Defects  of  the  General  Tax  Law 

The  state  law  falls  short  of  its  purposes  in  three  salient 
features:  (Pp.  13-17.) 

1.  As  a  result  of  the  unnecessarily  complicated 
character  of  the  law,  assessments  are  frequently  illegal. 

2.  The  statutory  method  of  notifying  the  tax- 
payer when  and  to  whom  to  pay  taxes  does  not  in- 
form him,  unless  he  expends  much  time  and  trouble  to 
secure   this  information. 

3.  Laws  designed  to  promote  prompt  payment  of 
taxes  put  a  premium  on  delay  and  inefficiency  on  the 
part  of  the  tax  collectors. 

THE  WESTCHESTER   COUNTY    LAW 

The  purpose  of  this  special  law  is  to  regulate  the  collection 
of  delinquent  taxes  in  Westchester  County.  Its  principles  are 
three : 

1.  Public  auction  of  leases  on  property  taxed,  for 
the  recovery  of  delinquent  taxes. 

2.  The  privilege  of  redemption  by  the  owner 
within  one  year  from  the  sale. 

3.  At  the  expiration  of  the  redemption  period, 
long  term  lease  to  the  purchaser  instead  of  conveyance 
of  the  fee.  (Pp.  17-21.) 

Defects  of  the  Westchester  County  Law 

The  cardinal  defects  of  this  special  law  are: 

1.  The  vague  and  contradictory  nature  of  certain 
provisions,  giving  rise  to  greatly  varied  interpretations 
and  practices. 

2.  Absence  of  provision  for  important  features  of 
administration,  leaving  grave  matters  to  the  discretion 
of  imtrained  ofificials. 

3.  No  conclusive  ascertainment  of  the  validity  of 
the  tax  or  of  its  nonpayment  before  sale. 

4.  Undue  cost  of  delinquency  on  small  parcels  of 
land,  amounting  to  exploitation  of  the  delinquent. 


TAXES  IN  WESTCHESTER  COUNTY  7 

5.  Entire  uncertainty  as  to  the  validity  of  the 
lease. 

6.  Failure  to  effect  final  disposition  of  delinquent 
properties  for  the  recovery  of  accumulated  unpaid  taxes 
and  costs. 

HOW   ADMINISTRATION    DIFFERS    FROM    STATUTE 

Because  of  vagueness  and  inadequacy  of  the  law,  as  well  as 
of  inefficiency  on  the  part  of  public  officials,  many  diversities 
in  administration  of  the  law  have  grown  up  and  become  estab- 
lished in  practice  in  different  parts  of  the  county. 

The  Return  of  Unpaid  Taxes 

It  is  a  common  practice  to  give  the  collector  of  taxes  as 
great  extension  of  time  as  possible,  in  order  that  he  may  col- 
lect as  much  as  possible  before  the  tax  is  increased  by  the  sec- 
ond penalty  (7  per  cent.)  which  the  town  board  is  compelled  by 
law  to  add  to  the  unpaid  return.  The  renewal  of  the  collector's 
bond  for  such  extension  is  usually  omitted.  * 

The  law  that  the  supervisor  shall  give  the  collector  dupli- 
cate receipts  for  his  return,  is  complied  with  in  few  towns'hips, 
because  the  collector  seldom  makes  a  correct  return.  The  county 
treasurer  states  that  copies  of  such  receipts  are  never  filed  in 
his  ofBce,  as  the  law  directs,  to  act  in  reduction  of  the  collector's 
bond. 

Thorough  reviews  of  the  collector's  return  by  the  town 
board  are  scarcely  ever  made,  and  in  some  towns,  delinquent 
taxes  are  re-levied  instead  of  going  through  the  process  of  col- 
lection by  tax  sales.     This  encourages  delinquency. 

The  law  regulating  the  percentage  penalties  for  deliquency, 
is  variously  interpreted  as  meaning  a  total  of  12  per  cent.,  12.35 
per  cent.,  or  in  some  cases  only  5  per  cent,  up  to  the  time  of  ad- 
vertising the  sales.     (Pp.  22-23.) 

Advertising 

Although  the  authorities  profess  to  pay  a  "legal  rate"  for 
the  required  advertising  of  tax  sales  and  redemptions,  the  widest 

*Tax  Law,  Section  85;  County  Law,  Section  150;  Consoli- 
dated Laws  of  1909. 


8  METHOD  AND  COST  OF  COLLECTING 

divergence  is   found  in  these  rates,  which  range  from  several 
dollars  to  a  few  cents  an  inch,  newspaper  column.   (Pp.  23-24.) 

Auction  Sale 
Public  auction  of  delinquent  properties  has  come  to  be  a 
mere  formality.  Would-be  purchasers  of  leases  have  learned 
the  invalidity  of  tax  liens  in  Westchester  County,  and  are  re- 
luctant to  invest  money  in  such  insecure  titles.  Bidders  for 
delinquent  properties  at  tax  sales,  therefore,  seldom  appear,  and 
the  town  perfunctorily  purchases  all  but  a  small  percentage  of 
such  delinquent  parcels,  paying  the  delinquency  out  of  town 
funds,  with  the  expectation  of  re-imbursement  when  the  proper- 
ty is  redeemed  by  its  owner.  How  this  expectation  works 
out  is  shown  in  the  body  of  this  report.  (Pp  23-24.) 

Fees  of  Doubtful  Legality 
Questionable  fees  are  charged  by  town  officers  for  services 
and  legal  papers  connected  with  the  tax  sales.    These  question- 
able fees  amounted  to  over  $7,000  in  1909.     They  amounted  to 
over  $33,250  in  five  years,  and  are  increasing  yearly.  (Pp.  25-27.) 

Incomplete  Records 
The  tax  sale  records  in  the  county  treasurer's  office  are  in- 
complete, many  sales  not  being  recorded  there.  (Pp.  27-28.) 

Leases  Pile  up  on  the  Same  Property 
At  the  expense  of  the  taxpayer  the  town's  purchases  are 
leased  to  the  town  at  the  end  of  the  redemption  year.  At  the 
same  time  the  same  properties  are  re-sold  for  the  subsequent 
year's  taxes.  The  town,  year  after  year,  leases  and  re-leases 
to  itself,  properties  which  it  already  holds  on  leases  of  preceding 
years.  There  seems  to  be  no  limit  to  this  rolling  up  of  leases, 
few  worth  anything  to  the  town. 

The  administration  of  tax  leases  in  some  of  the  towns  either 
brings  about  confiscation  of  small  parcels  or  demonstrates  in- 
adequacy of  the  law.     (Pj).  28-32.) 

THE  COST  OF  COLLECTION   UNDER  THE  SYSTEM 

Two  Hundred  Collectors 

The  collection  of  taxes  in  this  county  is  carried  on  by  more 

than  two  hundred  collectors  and  receivers  of  taxes;  one  set  for 

state,  county  and   town   taxes;  another   for  school   taxes;  and 

others  for  village  and  city  taxes. 


TAXES    IN    WESTCHESTER    COUNTY  9 

The   Collection   of  the   General   Taxes   Alone   in   the   Nineteen 

Townships  Cost  $75,000.00  Last  Year 

This  amount  would  more  than  pay  for  the  collection  of  all 

the  taxes  in  the  county  (school,  village,  city,  state,  county  and 

town)   if  properly  administered  under  a  wise  system  of     law. 

Great  Variation  in  Cost 

This  cost  varies  greatly  in  the  different  townships.  A 
graphic  illustration  of  this  variation  is  given  on  page  42.  The 
percentage  of  cost  added  to  the  face  of  the  tax  by  collection 
charges  ranges  from  2.45  per  cent,  to  21  per  cent,  for  collecting 
the  total  levy,  and  from  12  per  cent,  to  105  per  cent,  for  collecting 
delinquent  taxes. 

The  foregoing  and  many  other  abnormal  conditions  are 
found  in  the  administration  of  the  tax  law  in  Westchester 
County.  It  is  believed  that  the  following  proposals,  if  carried 
into  effect,  would  reduce  this  uncertain  and  varying  system  to 
uniformity,  and  greatly  diminish  cost  of  collection.  (Pp.  32-35.) 
REMEDIES   RECOMMENDED 

The  Bureau  proposes : 

1.  That  the  Westchester  County  special  tax  laws 
:be  repealed. 

2.  That  a  simplified  method  of  assessment  be 
adopted  and  all  taxes  on  real  estate  be  assessed  on  the 
property  instead  of  on  the  owner. 

3.  That  all  ad  valorem  taxes  of  all  kinds  upon  the 
same  property  be  levied  upon  a  single  assessed  valua- 
tion in  the  manner  outlined  on  page. 

4.  That  all  such  taxes  voted  within  the  year  be 
combined  in  a  single  annual  tax  bill,  for  collection 
through  a  single  central  office. 

5.  That  the  present  system  of  over  200  collectors 
be  abolished,  and  that  all  taxes  of  the  county  be  col- 
lected by  a  county  receiver  or  the  county  treasurer,  with 
necessary  deputies,  who  should  be  paid  salaries. 

6.  That  so  far  as  possible  all  fees  pertaining  to 
tax  administration  be  abolished. 

7.  That  the  payment  of  taxes  in  semi-annual  in- 
stallments be  optional  with  the  taxpayer. 

8.  That  tax  bills,  with  information  as  to  taxes, 
assessments,  general  purposes  of  the  levies,  dates  for 


10  METHOD  AND  COST  OF  COLLECTING 

payment,  and  consequences  of  delinquency,  be  sent  to 
every  record  owner  of  real  property  and  to  every  per- 
son taxed  personally. 

9.  That  sending  bills  be  a  ministerial  duty  only, 
and  not  essential  to  the  validity  of  the  tax  lien. 

10.  That  the  collected  taxes  be  distributed  by  the 
countv  receiver  to  the  various  local  boards  and  bodies 
according  to  their  several  levies ;  no  local  body  having 
anything  to  do  with  making  actual  collections. 

11.  That  the  collection  of  delinquent  taxes  be  con- 
ducted by  the  central  authority  by  proceedings  to  judg- 
ment and  sale,  of  such  a  character  that  the  tax  title  will 
be  valid,  if  certain  simple  requisites  be  complied  with 
which  will  always  appear  of  record  at  the  county  seat. 

(Pp.  36-40.) 

CHAPTER  II. 

THE    COLLECTION    OF    TAXES    IN    WESTCHESTER 

COUNTY 

THE    GENERAL    LAW 

Gathering  taxes  in  New  York  State  involves  three  distinct 
processes.  Each  is  sub-divided  into  many  separate  steps,  and 
each  step  must  be  taken  in  the  order  prescribed  by  statute,  to 
avoid  the  risk  of  illegality  and  consequent  invalidation  of  the  tax. 
These  processes  are : 

I.     Assessment,  or  valuation,  of  taxable  property. 
II.     Levy  of  taxes. 
III.     Collection  of  the  sums  levied. 
The  principal  features  of  these  processes,  stripped  of  de- 
tails, are  stated  in  the  following  outline : 

I.     Assessment 

1.  Assessors  must  be  duly  elected  and  must 
qualify  for  their  oflfice  according  to  law. 

2.  lietween  May  ist  and  July  ist  of  each  year  (or 
between  April  15th  and  July  ist,  where  there  are  in- 
corporated villages)  these  assessors  must  make  up  their 
assessment  "rolls,"  or  lists,  of  the  owners  of  all  prop- 


TAXES    IN   WESTCHESTER    COUNTY  11 

erties    in    their    tax    district,    and    the    values   of    such 
properties  in  the  manner  specified  in  the  statutes.  * 

3.  On  or  before  August  ist  the  rolls  must  be 
finished  and  ready  for  pubHc  exhibition.  Immediately 
notice  must  be  published  that  the  assessment  rolls  are 
complete  and  will  be  left  at  a  stated  place  for  public 
inspection  until  the  third  Tuesday  in  August. 

4.  On  the  third  Tuesday  in  August,  the  assessors 
must  meet  to  hear  complaints  of  unfair  assessments, 
and  make  necessary  corrections. 

5.  When  a  roll  is  thus  amended,  the  assessors 
must  certify  to  its  completeness  and  correctness  and 
make  two  complete  copies. 

6.  On  or  before  September  15th,  one  duly  certi- 
fied copy  must  be  filed  with  the  town  clerk  as  a  pub- 
lic record.     The  other  must  be  kept  by  the  assessors. 

7.  On  or  before  October  ist,  the  original  corrected 
roll  must  be  given  to  the  supervisor  of  the  tax  district. 

8.  At  the  annual  session  of  the  county  board  of 
supervisors  each  supervisor  must  present  his  tax  roll  to 
the  board,  and  the  board  must  examine  all  the  tax  rolls 
and  see  that  the  valuations  of  property  are  made  in  just 
and  equal  proportion,  over  the  whole  county.  If  there 
is  any  unfairness  in  assessment,  they  must  correct  it, 
but  must  not  change  the  total  for  the  county.  This  is 
called  equalization.  The  rolls  are  now  ready  for  the 
levy  of  taxes. 

II.     Levy  of  Taxes  (Usually  in  the  Order  Given) 

1.  The  state  comptroller  must  notify  the  county 
board  of  supervisors  what  the  county's  share  of  the 
state  taxes  shall  be,  and  for  what  purposes  levied. 

2.  Each  town  board  must  vote  what  amount  is 
necessary  to  be  raised  to  meet  the  town's  annual  expen- 
ditures and  submit  that  amount  to  the  board  of  super- 
visors for  approval. 

3.  The   board   of  supervisors   must  make   up   the 


^  Paragraphs  20-49,  Tax  law  (See  Consolidated  laws  of 
1909).  Room  IS  lacking  in  this  report  for  the  intricate  legal 
specifications  as  to  the  form  of  the  assessment  roll,  compliance 
with  which  is  in  many  cases  difficult. 


12  METHOD  AND  COST  OF  COLLECTING 

budget  necessary  to  meet  the  expenditures  for  county 
government. 

4.  When  these  amounts  have  all  been  passed  by 
the  supervisors,  they  are  apportioned  according  to 
statute  among  the  various  towns ;  and,  the  various  tax 
rates  having  been  authorized  by  the  board,  each  super- 
visor spreads  the  tax  of  his  district  upon  his  tax  roll. 

5.  The  board  of  supervisors  then  issues  the  proper 
tax  roll  and  a  warrant  to  each  collector,  ordering  him 
to  collect  the  taxes  upon  the  roll,  and  pay  the  sums  col- 
lected to  parties  designated,  for  that  purpose,  in  the 
warrant.  (In  Westchester  County  the  town  collector 
pays  to  the  county  treasurer  and  the  supervisor  only.) 

Ill,     The  Collection 
(I.)     By  the  collector. 

1.  Upon  receipt  of  the  tax-roll  and  warrant  the  collector 
must  publicly  advertise,  by  posting  notice  in  at  least  five  con- 
spicuous places. 

(i)     That  he  has  received  the  roll  and  warrant. 

(2)  That  taxes  are  due  and  payable  at  a  stated 
date. 

(3)  That  he  will  attend  at  stated  times  and  places 
to  receive  payments. 

(4)  That  for  the  first  thirty  days  he  will  receive 
taxes  with  the  addition  of  one  (i)  per  cent,  as  his  fee 
for  collection;  that  thereafter  five  (5)  per  cent,  will  be 
added  as  such  fee. 

2.  The  collector  must  attend  and  receive  payments  as 
advertised. 

3.  At  the  expiration  of  the  whole  term  of  his  warrant,  he 
must  make  a  list  of  all  unpaid  taxes,  add  to  each  tax  five  (5) 
per  cent,  penalty  in  a  separate  column  and  return  ."^uch  list  to 
the  supervisor  of  his  town,  with  a  certificate  that  he  has  done  all 
required  by  law  and  has  not  been  able  to  collect  the  sums  re- 
turned. 

4.  On  the  face  of  the  total  return  of  taxes  unpaid  the  su- 
pervisor must  pay  him  two  (2)  per  cent,  of  the  amount  so  re- 
turned. 


TAXES   IN   WESTCHESTER    COUNTY  13 

(II.)     By  the  supervisor;  the  collection  of  arrears. 

This  is  conducted  under  the  Westchester  County 
Tax  Sale  Law,  and  the  process  is  so  different  from  that 
employed  in  the  rest  of  the  state  that  the  subject  is 
reserved  for  a  later  chapter  of  this  report. 
Such  is  the  substance  of  the  law.     The  statutes  themselves 
if  published  in  a  conventional   i6mo  volume,  would  fill  several 
hundred  pag"es. 

To  all  this  complexity  is  added  a  separate  levy  and  col- 
lection of  school  taxes,  and  a  separate  levy  and  collection  of 
village  and  city  taxes. 

INCONGRUITIES  OF  THE  LAW 
Three  Salient  Paradoxes 

I.  The  complicated  character  of  the  assessment 
laws  has  the  effect  of  making  most  assessments  illegal. 

II.  The  legal  method  for  informing  the  taxpayer 
tends  to  keep  him  in  ignorance. 

III.  The  laws  for  the  promotion  of  prompt  pay- 
ment put  a  premium  on  delay  and  inefficiency  in  collec- 
tion. 

I.     Assessment 

The  laws  of  assessment  of  taxable  property  are  elaborated 
with  many  details,  giving  what  is  intended  as  specific  instruc- 
tions for  each  step  in  preparing  an  assessment  roll.  The  at- 
torney general  of  the  state  has  delivered  an  opinion  to  the 
effect  that  there  is  no  good  reason  why  assessments  should  be 
illegal  and  tax  liens  on  taxable  property  consequently  invalid, 
"if  county  officials  would  follow  the  plain  provisions  of  the  tax 
law,  in  which  each  step  is  described  in  detail." 

The  chief  difficulty  is  that  the  provisions  of  the  tax  law  are 
not  plain,  when  applied  to  local  conditions.  They  are  complex 
and  confusing.  Skilled  and  experienced  attorneys  find  them- 
selves unable  to  say  just  how  to  comply  with  some  of  them. 
The  majority  of  assessors  are  neither  attorneys  nor  versed  in 
the  interpretation  of  laws.  The  same  is  true  of  supervisors. 
More  than  likely,  they  follow  precedent — do  as  their  predeces- 
sors in  office  have  done — rather  than  give  any  great  care  to  an 
independent  study  of  the  laws  governing  their  office. 

The   result   is   a    great   many   styles   and   varieties   of   tax- 


14  METHOD  AND  COST  OF  COLLECTING 

rolls,  *  and  a  corresponding  number  of  illegal  rolls,  the  assess- 
ments and  levies  spread  upon  which  violate  the  law  in  various 
details,  which  violations  the  courts  have  repeatedly  held  **  to 
invalidate  tax  liens,  and  render  the  taxes  uncollectible.  It  is 
doubtful  if  a  tax-roll  can  be  found  in  the  entire  county  whichi 
complies  with  the  law  in  all  particulars. 

What  is  the  result?  The  stage  has  almost  arrived  wherein 
nobody  need  pay  his  taxes  if  he  is  disposed  not  to  do  so.  The 
courts  uphold  a  property  owner  in  resisting  payment  under  il- 
legal assessment.  Eventually  the  owner  of  real  property  is 
supposed  to  meet  the  taxes  justly  due  from  him,  but  cannot  be 
required  to  until  the  assessments  and  levies  comply  with  the 
law. 

No  one  will  deny  that  this  is  a  state  of  affairs  which  de- 
mands a  remedy. 

II.     Publication  of  the  Tax  Notice 

How  does  the  taxpayer  learn  the  amount  of  his  taxes,  when 
they  are  due,  and  where  to  pay  them?  Here  is  the  process  that 
the  law  makes  necessary, 

1.  Search  the  bulletin-boards  or  local  papers  care- 
fully for  published  notices  that  taxes  are  due  and  when 
and  where  to  pay  them.  The  times  and  places  for  such 
publication  are  left  indefinite. 

2.  Go  to  the  collector's  place  of  "sitting,"  as  it  is 
called — often  make  several  fruitless  errands  because  he 
does  not  always  attend  as  advertised — to  pay  the  taxes. 

3.  Frequently  abandon  in  disgust  this  time-con- 
suming process,  and  let  the  taxes  go  to  sale,  as  costing 
less  in  the  end  than  the  trouble  and  expense  of  the 
present  method  of  paying  them. 

Simple  Finance 
The  collection  of  taxes  is  plain   financial   business.     Con- 
trast the  method  under  discussion  with  that  of  an  enterprising 
modern  business  corporation.     There  are  many  such  handling 
accounts  as  large  as  those  of  the  entire  County  of  Westchester. 


*  The  Bureau  has  found  no  two  alike  in  the  entire  county, 
except  for  diflferent  wards  of  the  same  city. 

*  *  For  citation  of  cases,  see  Hirdscye  .Annotated  Edition  of 
Consolidated  Law.  Cf.  Tax  Law,  paragiai)hs  JO-40. 


TAXES   IN    WESTCHESTER    COUNTY  15 

Imagine  one  of  these  business  houses  depending  upon  a  bulletin- 
iboard  notice,  or  an  advertisement  in  an  obscure  corner  of  a 
newspaper  that  accounts  are  due  at  a  certain  time  and  that  the 
details  may  be  learned  by  calling  at  the  company's  offices ! 

Imagine  such  a  business  house  changing  its  place  of  bus- 
iness and  its  cashier  and  clerical  force  every  time  a  customer 
had  a  payment  to  make !  Prompt  payment  would  scarcely  be 
expected  under  such  management,  and  the  customer  would 
think  such  changes  good  excuse  for  delays. 

The  business  house  sends  its  patrons  bills  at  regular  inter- 
vals and  collects  closely  and  promptly.  Our  local  government 
requires  the  taxpayer  to  ascertain  anew  each  year  when,  where, 
and  how  he  can  learn  the  amount  he  owes,  and  where,  when, 
and  how  he  can  pay  it.  Is  it  good  business  for  the  government? 
Is  it  helpful  to  the  taxpayer? 

Tax  Bills 

A  simple  remedy  for  one  element  of  these  conditions  in  use 
in  other  states,  and  voluntarily  adopted  by  several  towns  of 
Westchester  County  is  to  send  a  tax-bill  to  each  taxpayer 
whose  address  is  known,  as  soon  as  the  roll  and  warrant  are 
received  by  the  collector. 

Experience  shows  the  value  of  this  slight  change.  The 
towns  using  it,  with  the  percentages  of  the  total  levy  collected 
by  the  collectors  working  on  this  plan  are : 

Rye    97.3  per  cent. 

Ossining    96.6  per  cent. 

Cortlandt    95.2  per  cent. 

The  collector  of  Bedford  sends  his  bills  at  the  expiration  of 
the  first  thirty  days,  and  repeatedly  after  that,  for  reasons  which 
will  appear  in  the  following  pages.    He  also  collects  very  closely. 
Bedford    96.3  per  cent. 

The  cost  of  sending  such  bills  is  much  less  than  the  penalty 
added  for  tardiness  in  payment. 

Compare  these  collections  with  the  towns  using  bulletins 
and  newspaper  notices  only,  or  sending  late  bills  in  a  desultory 
way. 

Eastchester    85.4 

Greenburgh    87.7  * 

*  In  such  towns  as  Greenburgh  and  Mount  Pleasant,  there 
are    thousands    of    vacant    lots    practically    abandoned.      These 


IG  METHOD  AXD  COST  OF  COLLECTING 

Harrison  82.4 

Mamaroneck    85.1 

Mount  Pleasant   82.0 

White   Plains 81 .5  etc.  *  * 

The  chart  on  page  41  illtistrates  these  collections. 
The  opinions  of  tax  and  title  lawyers  whom  the  Bureau  has 
consulted  with  reference  to  this  feature  of  tax  collection  may  be 
summarized  in  these  words: 

"Let  people  know  promptly  what  their  taxes  are,  what  they 
are  for,  and  when  and  where  to  pay  them,  and  many  difficulties* 
of  collection  disappear." 

III.  Premiums  Upon  Delay  and  Inefficiency 
According  to  law,  the  taxpayer  must  pay  the  collector,  in 
addition  to  his  tax,  one  (i)  per  cent,  of  such  tax,  if  paid  within 
thirty  days  from  the  publication  of  the  collection  notice ;  and 
five  (5)  per  cent,  if  paid  after  that  period.  This  law  was  framed, 
evidently,  to  give  the  taxpayer  an  incentive  to  pay  promptly. 
But  it  has  never  served  its  purpose  in  the  many  years  of  its 
existence.    Why? 

In  the  first  place,  with  few  exceptions  the  public  is  not 
adequately  informed  concerning  its  taxes  by  the  bulletin-board 
system. 

In  the  second  place  it  is  against  the  collector's  interest  to 
collect  until  the  expiration  of  thirty  days,  because  the  law  gives : 
On  all   sums  collected  in   the  first  thirty   days,   i 
per  cent. 

On  all  sums  collected  after  that  time,  5  per  cent. 
On  all  sums  returned  unpaid,  2  per  cent. 


|)ropertics  annually  go  through  the  farcical  process  of  assessment 
to  a  sui)])oscd  owner,  who  may  or  may  not  be  assessable  therefor ; 
of  sale  and  lease  with  payment  of  all  attendant  fees  out  of  the 
town  treasury,  with  vague  hopes  of  getting  it  back  through 
a  redemption,  with  no  final  disposal  of  any  such  pr(jperties. 
'Ibis  fact  accounts  in  sonic  measure  for  low  jicrccntagcs  of 
collection  in  such  towns. 

*  *  It  should  be  added  that  most  of  the  towns  adopt  some 
method  of  reminding  taxpayers  of  their  (lelin(|uency  after  thirty 
days.  This  is  ordinarily  a  memorandum  of  the  amount  duie. 
This  is  sent  out  once.  In  all  the  towns  the  law  rc(|uircs  the  tax 
collector  to  call  upon  every  (loliM(|ui.nt.  after  thirty  clays,  and 
personally  demand  his  taxes. 


« 

TAXES  IN  WESTCHESTER  COUNTY  17 

For  example,  if  the  town's  levy  is  $50,000  the  collector's 
maximum  receipts  would  be  : 

If  all  collected  in  thirty  days $500.60 

If  all  collected  after  thirty  days 2,500.00 

If  all  returned  unpaid   1,000.00 

It  is  most  to  the  collector's  interest  to  collect  all  after  thirty 
days. 

It  is  more  to  his  interest  to  collect  nothing  than  to  collect 
anything  promptly. 

It  is  found  however  that  where  the  collector  is  salaried,  and 
the  commission  system  abolished,  there  is  no  incentive  to  de- 
lays, and  collections  are  closest  and  most  prompt.  The  town 
that  collects  most  closely  and  promptly  in  the  county,  *  has 
a  salaried  receiver,  who  receives  no  fees,  keeps  his  office  open 
from  9  A.  M.  to  5  P.  M.  and  sends  out  tax  bills  as  soon  as  he 
receives  roll  and  warrant.  He  handles  a  quarter  of  a  million 
dollars  annually  in  collections,  at  a  cost  of  less  than  two  (2)  per 
cent. 


CHAPTER  in. 

TAX    SALES    UNDER    THE    WESTCHESTER    COUNTY 

SPECIAL  LAW 

The  general  assessment,  levy,  and  collection  of  taxes,  up  to 
the  time  of  the  collector's  return,  does  not  differ  materially  in 
Westchester  County  from  such  operations  in  the  rest  of  the 
state.  It  is  only  in  the  collection  of  arrears,  by  sale  of  the  prop- 
erty taxed,  that  Westchester  emplo3^s  a  special  method.  The  tax 
sale  titles  in  the  state  at  large  are  generally  found  by  the  courts 
to  be  invalid.  In  Westchester  County  they  are  a  little  worse 
than  elsewhere. 

Eliminating  from  this  study  the  collection  of  school,  village 
and  city  taxes,  which  are  all  regulated  by  special  laws  or  char- 
ters, this  report  considers  the  general  tax  only,  which  consists 
of  town,  county  and  state  levies. 

The  collection  of  arrears  of  these  taxes  is  conducted  under 

*  Rye. 


» 
18  METHOD  AND  COST  OF  COLLECTING 

the  Westchester  County  Tax  Sale  Law,  originally  passed  as 
Chapter  6io,  of  the  Laws  of  1874,  and  amended  by  the  following 
acts : 

Chapter  332  of  the  laws  of  1875. 

Chapter  193  of  the  laws  of  1877. 

Chapter  506  of  the  laws  of  1880. 

Chapter  627  of  the  laws  of  1887. 

Chapter  131  of  the  laws  of  1891. 

Chapter  300  of  the  laws  of  1897. 

Chapter  338  of  the  laws  of  1901. 

Chapter  365  of  the  laws  of  1901. 

The    plan    of    this    law    is    (i)    public    sale    of    leases    on 

the  property  taxed  for  the  recovery  of  unpaid  taxes,   (2)    the 

privilege  of  redemption  by  the  owner  within  one  year  from  the 

sale,  and  (3)  long  term  leases  instead  of  complete  conveyance 

of  property  remaining  un-redeemed  at  the  end  of  the  year  after 

sale. 

In  exposition  of  how  these  principles  are  worked  out,  there 
follow : 

L     A  summary  statement  of  the  law. 
IL     A  statement  of  some  of  the  varied  interpreta- 
tions and   departures  from  the  law,   in  the  process  of 
administration. 

in.     An  explanation  of  the  farcical     nature  of     tax 
leases  in  Westchester  County. 

I.     THE    WESTCHESTER    COUNTY   TAX    SALE    LAW 
(A  brief  summary.) 
(i.)     Formulating  the  Deficiency. 
1.     The  collector's  return. 

(i)  In  ten  days  after  the  expiration  of  his  war- 
rant the  collector  must  give  the  supervisor  of  his  town 
a  list  of  all  unpaid  taxes,  with  5  per  cent,  added  to  each 
tax,  in  separate  column. 

(2)  The  supervisor  must  pay  the  collector  2  per 
cent,  of  such  return. 

(3)  The  supervisor  must  give  the  collector  (lu])li- 
cate  receipts  for  the  amount  of  his  return.  The  collec- 
tor must  flic  one  copy  with  the  county  treasurer  in  part 
satisfaction  of  his  bond. 


TAXES   IN    WESTCHESTER    COUNTY  19 

2.     Supplying   the   deficit. 

(i)  To  make  up  the  deficit  in  town  funds  result- 
ing from  unpaid  taxes,  the  supervisor  must  borrow  on 
town  credit  for  not  more  than  one  year,  the  amount  of 
such  deficiency. 

(2)  If  the  supervisor  fails  to  borrow  such  de- 
ficiency, in  case  of  need  the  county  treasurer  must  bor- 
row on  county  credit  the  amount  due  the  county,  out 
of  these  taxes,  and  charge  the  same  to  the  delinquent 
town  in  the  next  levy  of  taxes. 

3.     Preparing  the  taxed   properties  for  sale. 

(i)  The  town  board  must  review  the  collector's 
return  to  see  if  any  assessment  is  erroneous  or  any  prop- 
erty imperfectly  described. 

(2)  It  must  reject  all  erroneous  or  imperfect  as- 
sessiments,  and  file  a  copy  of  such  rejections  with  the 
town  clerk. 

(3)  The  supervisor  must  make  a  corrected  list  of 
such  rejected  assessments,  and  return  to  the  town 
board. 

(4)  The  supervisor  must  present  such  list  of  cor- 
rected assessments  and  taxes  to  the  board  of  supervisors 
at  its  next  annual  meeting  for  re-assessment. 

(5)  The  town  board  must  add  7  per  cent,  penalty, 
in  addition  to  the  5  per  cent,  added  by  the  collector,  to 
all  unrejected  taxes. 

(II.)     The  Tax  Sale* 
1.     Advertising. 

(i)  Three  weeks  before  the  first  Tuesday  in 
October  of  the  same  year,  the  supervisor  must  adver- 
tise lands  on  which  taxes  still  remain  unpaid.  These 
must  be  sold  on  the  first  Tuesday  in  October. 

(2)  The  advertisement  must  be  made  (a)  by  post- 
ing the  full  list  of  lands  and  properties,  with  the  taxes 
due,  in  six  public  places  in  the  town,  and  (b)  by  adver- 


*  The  term,  "sale"  in  these  paragraphs  is  the  word  used  in 
the  statute.  It  means  the  sale  of  a  privilege  of  leasehold  on 
the  delinquent  property. 


20  METHOD  AND  COST  OF  COLLECTING 

tising  the  same  list  once  a  week  for  three  weeks  in  one 
newspaper,  if  any  is  published  in  the  town.  The  paper 
is  to  be  designated  by  the  town  board. 

(3)  The  advertisement  must  state  that  the  lands 
will  be  sold  to  the  bidder,  at  public  auction,  w^ho  will 
pay  the  taxes,  penalties  and  other  charges  due,  and  in  re- 
turn take  a  lease  of  the  lands  for  the  shortest  time, 

2.  The  sale. 

(i)  On  the  first  Tuesday  in  October,  the  super- 
visor must  sell  at  public  auction,  on  the  terms  above 
specified,  all  the  parcels  of  land  on  which  the  taxes 
then  remain  unpaid. 

(2)  If  there  are  no  other  bidders,  the  supervisor 
must  bid  in  the  lands  for  the  town  as  purchaser. 

3.  Records  and  fees. 

(i)  The  supervisor  must  give  to  the  purchaser  a 
certificate  of  his  purchase,  specifying  the  terms  and  the 
amount  paid,  and  when  the  purchaser  is  entitled  to  a 
lease.  There  is  no  fee  provided  for  the  issue  of  this 
certificate. 

(2)  The  town  clerk  must  countersign  and  record 
in  his  office  every  such  certificate.  For  this  service  he 
is  allowed  25  cents  for  each  certificate. 

(3)  The  supervisor  must  file  a  duplicate  of  every 
such  certificate  with  the  county  treasurer  so  that  the 
latter  may  make  up  a  book  record  of  such  sales  as 
prescribed  by  the  statute.  *  * 

(III.)     Redemption. 

At  any  time  during  the  following  year,  the  owner 
or  mortgagee  of  the  property  may  redeem  it  by  pay- 
ing the  taxes  due,  the  penalties,  the  cost  of  advertising 
and  sale,  and  interest  from  the  date  of  sale,  at  12  per 
cent,  per  annum,  on  the  total  amount  of  taxes  and  costs. 

(IV.)     The  Lease. 
1.     Advertising. 

'i'hrcc-  weeks  before  the  cm!  of  one  vcar  from  the 


*  *  — "and    no   such    sale   shall    be    valid    inilcss   such    certi- 
ficate shall  be  so  filed  and  indexed."     (Ch.  506,  laws  of  1880.) 


TAXES    IN    WESTCHESTER    COUNTY  21 

date  of  sale,  the  supervisor  must  advertise,  in  the  same 
ma:nner  as  for  the  sale,  that  lands  remaining  unredeem- 
ed froin  the  sale  of  the  previous  year,  will  be  leased 
at  the  end  of  that  year,  as  per  the  terms  of  the  sale, 
to  the  holder  of  the  certificate  of  such  sale. 

2.     Redemption  after  advertising. 

Lands  may  still  be  redeemed  up  to  the  end  of  the 
year,  by  paying  all  previous  charges  plus  the  cost  of 
advertising. 

3.  Execution  of  the  lease. 

(i)  On  the  date  advertised,  the  lease  is  executed, 
and  the  purchaser  may  then  enter  into  full  possession  of 
the  property  for  the  term  of  the  lease. 

(2)  He  may  dispossess  anyone  occupying  the 
same,  and  may  improve  or  convey  the  property  for  the 
term  of  his  lease. 

(3)  The  owner  may  not  redeem  'his  property  after 
the  execution  of  the  lease,  except  by  consent  of  the 
lessee. 

4.  Records  and  fees. 

(i)  The  supervisor  is  entitled  to  receive  for  draw- 
ing the  lease  $1.00  each  for  the  first  100  in  any  one  year, 
and  50  cents  each  for  the  rest. 

(2)  The  town  clerk  is  entitled  to  receive  50 
cents  each  for  recording  the  leases. 

5.  The  lease  and  "title." 

(i)  A  sale  to  the  town  is  declared  to  vest  the 
title  of  the  property  in  the  town,*  as  it  would  in  any 
other  purchaser,  and  the  town  may  enter  into  full  pos- 
session of  such  property,  rent  it,  sell  it,  or  improve  it 
for  town  use. 

(2)  The  town  must  provide  for  the  taxes  due  each 
year  on  such  property  and  pay  them. 


*  Laws  of  1877,  chapter  193,  section  10  " — and  the  title  to 
the  lands  so  leased  shall  thereupon  become  vested  in  the  town, 
and  may  be  conveyed  as  hereinafter  mentioned,  or  used,  or  oc- 
cupied and  enjoyed  for  town  purposes."  There  is  much  dis- 
agreement among  attorneys  and  among  officials  as  to  the  in- 
terpretation of  this  provision  of  the  law. 


22  METHOD  AND  COST  OF  COLLECTING 

II.     HOW  THE   LAW   IS   EXECUTED 

(Various   interpretations,  and  departures  from   the  law   in 
actual  practice.) 

The  Tax  Deficiency 
The  collector's  "return"  delayed. 

The  warrant  of  the  collector  is  frequently  extended  thirty 
or  sixty  days  and  no  particular  note  is  made  of  tardiness  there- 
after on  the  part  of  the  collector.  The  law  requires  a  renewal  of 
the  collector's  bond  when  his  warrant  is  extended.  This,  how- 
ever, is  almost  never  done. 

Supervisor's  receipt  not  filed. 

For  the  collector  to  file  with  the  county  treasurer  a  dupli- 
cate of  the  supervisor's  receipt  for  his  return  would  seem  to  be 
necessary,  inasmuch  as  that  receipt  should  act  in  reduction  of  the 
collector's  bond.  *  But  the  county  treasurer  states  that  such  re- 
ceipts are  never  filed  in  his  office.  Some  supervisors  state  that 
they  do  not  give  the  collector  a  receipt  for  his  return  for  the 
reason  that  they  are  not  able  to  verify  at  once  the  correctness 
of  the  return.  It  is  not  an  uncommon  experience  to  have  a  man 
whose  taxes  are  returned  as  unpaid  produce  the  collector's  own 
receipt  for  the  payment  of  his  taxes,  in  which  case  the  collector 
is  called  upon  to  remit  the  amount  to  the  supervisor. 

Supplying  the  Deficit 
Borrowing  not  always  necessary. 

The  supervisor  of  a  town  frequently  receives,  during  the 
year,  enough  money  from  the  redemption  of  property  sold  for 
taxes,  and  from  other  sources,  to  cover  the  tax  deficiencies  of 
the  year.  Where  this  is  true,  it  is  unnecessary  to  borrow  the 
amount  of  the  unpaid  taxes.  In  most  cases,  however,  this  is 
not  the  rule.  The  county  treasurer  is  sometimes  compelled  to 
resort  to  a  loan,  as  authorized,  to  cover  a  town's  delintiuency. 

Preparing  for  the  Tax  Sale 
The  town  board's  review  is  omitted,  or  perfunctory. 

The  prescribed  review  of  the  collector's  return  is  cither  not 
mack'  at  all,  or  is  assigned  to  a  single  member  of  the  board, 
whose  report  usually  amounts  to  a  mere  expression  of  confidence 


♦  Chapter  193.  laws  of  1877.  sec.  i, 


TAXES    IX   WESTCHESTER    COUNTY  23 

in  the  good  faith  of  the  collector.  This  lack  of  correcting  any- 
erroneous  or  imperfect  assessment  might  well  be  sufficient  to 
invalidate  the  tax  thereon. 

The  law  sets  a  time  for  the  collector's  return,  and  the  in- 
ference would  be  that  the  review  and  the  addition  of  the  second 
penalty  should  take  place  immediately  thereafter,  although  the 
law  is  not  specific  on  this  point.  The  date  of  the  action  of  the 
town  board  is  usually  recorded  by  the  town  clerk.  In  two  offices, 
the  clerk's  records  are  so  complete  as  to  state  not  only  the  date 
of  the  return,  the  action  of  the  board  in  adding  the  penalty,  but 
also  the  amount  of  such  return.  One  clerk's  record  *  book  shows 
other  details. also,  such  as  the  list  of  taxes  rejected  by  the  town 
board,  the  various  amounts  thereof,  and  the  different  purposes 
for  which  such  taxes  had  been  levied. 
Re-assessment  easier  than  sale. 

Some  of  the  smaller  northern  towns  containing  New  York 
City  reservoir  property  "re-assess"  their  unpaid  taxes  instead  of 
collecting  them  by  sale,  which  operates  to  make  those  who  have 
already  paid  their  own  tax  pay  part  of  their  delinquent  neigh- 
bor's also.  It  is  less  trouble  than  to  sell  the  property,  although 
there  are  no  fees  in  the  process  for  town  officers. 
Which  is  the  legal  penalty,  12  per  cent. 

or  12.35  per  cent,  or  merely  5  per  cent.? 

In  some  towns  the  5  per  cent,  and  7  per  cent,  penalties  are 
added,  making  a  flat  rate  of  12  per  cent.  In  others  the  two 
rates  are  compounded,  making  a  total  penalty  of  12.35  per  cent. 
In  still  others,  the  supervisor,  feeling  that  the  object  of  the  law 
is  rather  the  collection  of  the  tax  than  the  technical  increase 
of  penalties,  which  might  further  delay  collections,  permits 
delinquents  to  redeem  at  5  per  cent  up  to  the  time  of  advertising. 
Other  supervisors  express  strongly  their  convictions  that  such  a 
proceeding  is  entirely  irregular  and  conducive  to  further  de- 
linquency. 

The  Tax  Sale 
Advertising.**     What  is  the  legal  rate? 

Perhaps  the  most  widely  varying  feature  of  the  administra- 
tion of  the  tax  sale  law  is  the  advertising.    The  following  rates 

*  Cortlandt. 

**  The  supervisor — shall  cause  to  be  posted  and  published  as 
hereinafter  mentioned,  a  list  of  all  lots,  pieces,  and  parcels  of 


a  METHOD  AND  COST  OF  COLLECTING 

are  found  in  actual  practice  in  different  towns,  each  claimed  by 
the  supervisor  or  the  publisher  to  be  the  "legal  rate"  for  such 
advertising. 

$i.oo  per  nich.  So .50  per  inch. 

i.oo  per  folio.  .50  per  folio. 

i.oo  per  item  or  lot.  .50  per  item  or  lot. 

,75  per  inch.  .12  1-2  per  lot. 

•75  per  folio,  .50  per  lot  for  tax  sales. 

•75  per  item  or  lot.  i.oo  per     lot     for     redemption 

advertising. 

In  addition  to  the  above  "legal  rates,"  the  following  prac- 
tices are  found : 

1.  Determination  of  the  rate  by  the  town  board 
or  the  supervisor. 

2.  Appropriation  of  an  aggregate  sum  for  several 
newspapers  to  divide  among  themselves ;  e.  g.,  Green- 
burgh,  $3,000. 

Several  attorneys  have  expressed  their  belief  that  there  is 
no  legal  rate  for  such  advertising,  but  that  it  is  open  to  competi- 
tive bidding. 
The  Sale.     Bidders  conspicuously  absent. 

As  a  stimulant  to  interest  in  or  attendance  upon  a  public 
sale  in  Westchester  County,  such  advertising  appears  to  be  a 
waste.  Very  few  prospective  buyers  appear  at  the  sales,  which 
have  'become  merely  perfunctory.  The  supervisor,  as  the  list  is 
read,  bids  in  the  properties  for  the  town,  usually  for  1,000  year 
periods.  This  process  being  over,  she  draws  the  certificates  of 
sale,  and  the  town  then  holds  the  properties  for  redemp- 
tion. The  taxes,  penalties  and  costs  of  the  sale  are  all  charged 
against  the  town,  and  the  following  year  are  re-levied  as  a  part 


land  and  premises,  upon  which  the  taxes  shall  have  been  re- 
turned unpaid,  and  shall  not  be  rejected  'by  the  town  board. — 
A  copy,  of  such  notice  shall  be  posted  in  six  public  places  in 
such  town,  at  least  three  weeks  before  the  day  fixed  for  the 
sale,  and  if  there  be  one  or  more  newspapers  published  in  the 
town,  such  list  and  notice  shall  be  published  once  in  each  week 
for  three  weeks  consecutively,  next  preceeding  the  day  fixed 
for  such  sale,  in  such  newspaper  published  in  said  town  as  shall 
be  designated  by  the  town  board — . 

(Chapter  193  laws  of  1877),  section  4  of  the  Westchester 
Tax  Sale  Law,  see  Proceedings  of  the  Board  of  Supervisors, 
1906. 


TAXES    IN    WESTCHESTER    COUNTY  25 

of  the  town  budget.  Unless  sufficient  sales  are  redeemed  during 
the  year  to  cover  these  sums,  the  men  who  have  already  paid 
their  taxes  must  pay  their  share  of  their  delinquent  neighbors' 
taxes  also. 

Fees  on  Certificates  of  Sale 
Supervisor's  Fees 

In  twelve  towns,  the  supervisors  say,  "The  law  does  not 
allow  us  any  fee  for  drawing  tax  sale  certificates." 

In  two  towns,  the  supervisors  charge  25  cents  for  each 
original  certificate  of  sale. 

In  four  towns  the  supervisors  charge  25  cents  each  for 
original  and  duplicate  certificate,  or  50  cents  per  tax  sale. 

In  one  town  the  supervisor  charges  25  cents  for  each 
original,  each  duplicate  and  each  triplicate  certificate  of  sale,  or 
75  cents  per  tax  sale.    He  has  5,000  or  more  sales  per  year. 

Town  Clerk's  Fees 

Twelve  town  clerks  charge  25  cents  for  recording  each  tax 
sale. 

Four  town  clerks  charge  50  cents  for  the  same  service. 
Three  town  clerks  charge  75  cents  for  the  same  service. 

Tabular  statement  of  such  fees 

The  following  tables  display  the  details  of  fees  charged  by 
township  officers  as  above  for  the  issue  and  recording  of  tax 
sale  certificates : 

Supervisors'  Fees    (Tax  levies.   1904-1908) 

Town  No.  of  tax  Fee  charged             Amt.  of 

sales  in  5  yrs.       per  sale,     charges,  5  yrs. 

Bedford    'i,T2''7  00 

Cortlandt     199  00 

Eastchester 3.520  00 

Greenburgh     17,911  75                       $]  3.433.25 

Harrison    7,io8  00 

Lewisboro     00 

Mamaroneck     3.287  50                            1,643.50 

Mount  Pleasant    ...  23,078  50                        11.508.50 

New   Castle    36  25                                 9.00 

North    Castle    5.035  00 

North   Salem    i  00 

Ossining 96  00 


26                            METHOD  AND  COST  OF  COLLECTING 

Pelham     2,513  00 

Poundridge 2  oo 

Rye  1,790  50                             895.00 

Scarsdale   585  00 

Somers  13  50                                 6.50 

White  Plains    4,856  00 

Yorktown    .12  25                                  3.50 


Total  questionable  fees  in  five  years   $27,498.75 

In  other  words   there   was  paid  to   the  supervisors   in  five 

years : 

For  17,911   sales    $0.75  each 

For  28,168  sales    .50  each 

For          48  sales    .25  each 

For  27,642  sales    .00  each 


For  the  above  charges  the  Bureau  has  found  no  statutory 
authorization.  The  provision  of  law  that  no  charges  shall  be 
made  unless  specifically  authorized  will  be  found  below.* 

The  amount  of  clerical  work  involved  in  preparing  5,000 
certificates  of  sale  and  10,000  copies,  if  required,  is  undoubtedly 
large.  But  the  wide  variation  in  practice  which  is  claimed  to 
be  legal  in  such  matters  speaks  ill  for  the  law. 

Town  Clerks'  Fees  (Tax  levies  1904-1908) 
Some  clerks  interpret  the  phrase  "for  each  certificate  and 
the  recording  thereof"  to  mean  each  certificate,  duplicate  and 
triplicate,   issued  by  the  supervisor. 

Town  No.  of         Fee  Amt.     Apparent-    Apparent 

sales       charged  charged     ly  legal    overcliargc 
per  sale  amt. 

Bedford    3,727         $0.25       $931.75       $931-75 

Cortlandt     199  .25  49.75  49.75 

*  Pub.  Ofi^.  Law,  Section  67;  "i.  Each  public  ofiicer 
upon  whom  a  duty  is  expressly  imposed  by  law,  must  execute 
the  same  without  fee  or  reward  except  where  a  fee  or  other 
compensation  therefor  is  expressly  allowed  by  law. 

"2.  An  ofiicer  ar  other  person  to  whom  a  fee  or  other 
compensation  is  allowed  by  law  for  any  service,  shall  not 
charge  a  greater  fee  or  reward  for  that  service,  than  is  so  al- 
lowed." 


TAXES    IN   WESTCHESTER    COUNTY 


27 


Eastchester  .  . 

•     3.520 

•50 

i.755^oo 

812.50 

$942.50 

Greenburgh     . 

•  17,911 

■25 

4,477^75 

4,477^75 

Harrison    .... 

.    7,108 

•25 

1,826.50 

1,826.50 

Lewisboro   .  .  . 

0 

Alamaroneck 

•     3,287 

•50 

1,6-1.3.50 

821.75 

821.75 

Mt.   Pleasant 

.  23,078 

•25 

6,214.75 

6,241.75 

New  Castle  .  . 

•          36 

•75 

27.00 

9.00 

18.00 

Xorth  Castle 

•     5,035 

•25 

1.258.75 

1,258.75 

Xorth  Salem  . 

I 

•25 

•25 

•25 

Ossining    .... 

.          96 

■25 

24.00 

24.00 

Pelliam    

•    2.513 

■75'' 

1.884.75 

628.25 

1,256.50 

Rye  

•     1,790 

•50 

895.00 

447^50 

447-50 

Scarsdale     .  . 

585 

■25 

112.50 

146.50** 

Somers 

13 

•50 

6.50 

3^25 

3-25 

White    Plains 

.    4.856 

•75 

3,475^75 

1,214.00 

2,216.75 

Yorktown    .  . . 

12 

•25 

3.00 

3.00 

Total  question 

able  fees 

in  five  years   

Recapitulation 

5.-75I-75 

Supervisors   . . 

27,498.75 

5-751-75 

Town  clerks   . 

Total $33,250.50 

Whether  the  act  authorizes  any  of  these  $33,250.50  fees 
is  doubtful.     The  diversity  of  views  among  officials  is  obvious. 

There  can  be  no  question  that  a  large  amount  of  work, 
much  of  it  unnecessary  under  a  proper  system,  is  by  law  re- 
quired of  these  officials.  But  an  act  that  permits  such  diversity 
of  opinion  among  officials  is  obviously  in  need  of  radical  change. 
It  seems  equally  clear  that  the  change  should  not  be  in  the 
direction  of  increasing  the  cost  of  collection  in  Westchester 
County. 

Incomplete  County  Records 

From  one  or  two  towns,  duplicate  certificates  of  sale  are 
not  filed  with  the  county  treasurer.     The  law  declares  invalid  all 


*  Pelham,   since    1908,   has   allowed   its   town   clerk   but   50 
cents  instead  of  75  cents. 

*  *  Scarsdale's  town  clerk  is  entitled  to  $34.00  more  than  his 
bills  to  the  town  have  called  for. 


28  METHOD  AND  COST  OF  COLLECTING 

sales  of  which  the  certificates  are  not  so  filed  within  thirty  days 
after  the  sale.  * 

An  even  more  serious  fault  of  the  present  system  of 
records  is  the  practical  difficulty  of  ascertaining  whether  any 
specific  piece  of  land  is  subject  to  arrears  of  taxes.  The  records 
should  be  so  kept  that,  on  requisition  from  a  single  central 
officer,  an  immediate  certificate  could  be  had  entirely  trust- 
worthy and  complete,  (a)  as  to  any  specified  tract  of  land,  (b) 
as  to  the  personal  assessment  on  any  specified  individual.  Under 
any  proper  system,  the  ascertainment  of  such  information  for 
any  single  tract  or  person  for  twenty-five  years  should  not  take 
a  single  clerk  as  many  minutes. 

Redemptions 
Advertising 

The  redemption  advertising  is  conducted  in  the  same  man- 
ner as  that  for  the  tax  sale,  and  is  paid  for  at  the  same  rates 
except  that  in  certain  instances  the  redemption  rate  is  double 
that  of  the  sale,  though  published  by  the  same  paper,  and  in  the 
same  type  and  style.  Some  newspapers  claim  $i.oo  per  item 
advertised  because  the  law  permits  the  supervisor  to  charge 
$i.oo  for  each  parcel  redeemed  after  advertising,  to  pay  the  cost 
of  "advertising  and  posting." 
Eleventh   hour  redemptions 

These  are  very  few.  Some  property  owners  will  make  an 
effort  at  the  eleventh  hour,  to  prevent  the  possession  of  their 
property  from  passing  into  another's  hands.  If  the  town  is 
purchaser,  the  property  owner  has  no  fear,  because  the  super- 
visor will  re-convey  it  to  him  at  any  time  on  receipt  of  taxes  and 
costs.  If  a  private  individual  is  purchaser,  the  owner  may  have 
to  pay  a  speculator's  profit  to  reclaim  his  land  after  it  is  leased, 
unless  he  feels  disposed  to  contest  the  validity  of  the  tax  Hen. 

The  Failure  of  the  Tax  Lease 
Lease,  ra-jease,  re-re-lease,  etc.      How  many  thousand  years? 

Very  few  leases  are  made  to  any  one  but  the  town.  Each 
of  the  town's  purchases  is  usually  leased  for  one  thousand  years. 
The  same  properties  being  unredeemed  by  their  owners  are 
leased  to  the  same  town,  year  after  year,  for  delinquent  taxes,- 

*  Chapter  506,  laws  of  1880. 


TAXES    IN    WESTCHESTER    COUNTY  29 

each  time  for  a  thousand  years.  The  following  table  shows 
two  years  of  tax  sales  for  a  single  parcel  of  land,  and  the  sub- 
sequent leases,  in  a  Westchester  town.  Note  how  the  cost  of 
unpaid  taxes  grows  by  such  processes. 

For  the  Tax  of  1904 

Adv.  for  sale  Sept.,  1905.  Cost  of  Adv.    ..'  $0.50 

Sold  to  the  town      Oct.,    1905.  Officers'    fees     ..        .25  to  $1.00 

Adv.  for  redemp'n  Sept.,   1906.  Cost  of  Adv 75 

Leases  to  the  town  Oct.,    1906.  Officers'    fees    . .       1.50 


Total  Costs     $3.00  to  $3.75 

The  Same  Parcel  for  the  Tax  of  1905 

Adv.  for  sale  Sept.,  1906.    Cost   of   Adv.  .  .    $0.50 

Sold  to   the  town    Oct.,    1906.     Officers'    fees  ..         .25  to  $1.00 

Adv.  for  redemp'n  Sept ,  1907.    Cost   of   Adv.  .  .        .75 

Leased  to  the  town  Oct,  1907.    Officers'    fees  .  .       1.50 


Total  Costs    $3-00  to  $3.75 

The  same  parcel  goes  through  the  same  processes  for  each 
subsequent  year's  tax,  with  the  same  annual  costs. 

The  above  table  shows  costs  that  are  constant,  and  does 
not  include  the  tax.  These  fees  would  remain  the  same  whether 
the  tax  of  the  parcel  were  5  cents  or  $5,000.00.  The  advertising 
rate  and  the  certificate-of-sale  fees  for  officers  may  vary  in  dif- 
ferent towns,  but  this  table  takes  a  representative  parcel  through 
tax-sales  in  a  typical  town  with  costs  actually  charged. 

To  the  above  costs  must  be  added  the  tax  and  the  penalties 
of  5  per  cent,  and  7  per  cent,  and  the  interest  of  12  per  cent, 
per  annum  added  after  each  tax  sale.  These  must  be  calculated 
upon  the  tax,  and  will  vary  with  the  amount  of  such  tax. 

The  table  also  shows  how  a  town  Re-leases  to  Itself  Prop- 
erties whose  "Title"  it  Already  Holds  (if  the  tax  sales  have  been 
legal),  but  on  which  it  has  Itself  Become  a  Delinquent  Taxpayer. 
Why  does  it  do  this?  Is  the  answer  found  in  the  tax  law  (sec- 
tion 13.     Westchester  County  Tax  Sale  Law)  which  says: 

" and    when    said    town    shall    hold    any    lands 

under  and  by  virtue  of  the  provisions  of  this  act,  the 
said  town  board  shall  fix  and  determine  the  amount 
necessary  to  be  raised  for  the  payment  of  taxes  levied  or 
to  be  levied  upon  the  lands  so  held  during  such  year,  and 
the  several  amounts  thus  fixed  and  determined  shall  be 


30  METHOD  AND  COST  OF  COLLECTING 

certified  to  the  board  of  supervisors,  and  be  levied  and 
collected  in  said  town  in  the  same  manner  as  other 
town  charges,  and  paid  to  the  supervisor,  who  shall  ap- 
ply the  same  to  the  payment  of  the  several  amounts  and 

purposes  for  which  such  money  was  raised ." 

If  the  to\yn  held  such  parcel  and  paid  the  taxes  on  it  after 
the  first  lease,  all  subsequent  advertising  and  officers'  fees  would 
disappear  from  the  above  table  of  charges.  In  the  place  of  wait- 
ing the  pleasure  of  the  owner  in  redeeming  or  abandoning  his 
lands,  and  paying  taxes  thereon  meanwhile,  the  town  might,  if  it 
had  faith  in  the  validity  of  its  lease,  rent,  or  use  the  property 
for  its  own  benefit,  and  receive  subsequent  taxes  therefrom. 

In  the  case  of  remote  lots,  there  might  not  appear  at  once 
a  profitable  way  of  using  such  properties,  but  in  the  course  of 
one  thousand  years — the  term  of  the  lease — there  is  no  doubt 
that  the  taxes  could  be  fully  recovered  with  ample  interest.  The 
law  says  that  the  titles  to  parcels  so  leased  are  "vested  in  the 
town"  as  in  any  other  purchaser.  If  this  be  so,  why  not  obey 
the  law  and  assess  the  property  to  the  town  and  use  it  for  town 
purposes? 

As  it  stands,  all  of  these  costs  are  of  no  benefit.  They  are 
simply  an  added  burden,  year  by  year,  borne  by  those  who  do 
pay  their  taxes. 

The  confiscation   side  of  the   case 

There  are  hundreds — perhaps  thousands — of  parcels  of  land, 
laid  out  as  village  lots  or  as  sub-divisions  for  real  estate  opera- 
tions in  Westchester  County,  with  market  valuations  ranging 
upwards  from  $5.00  each.  The  taxes  on  these  amount  to  a  few 
cents  each.  The  total  cost  of  redemption  of  one  of  these  lots, 
from  a  town  lease  would  be  ^^.7$  plus  the  tax.  If,  for  any  reason, 
the  lot  lies  unredeemed  for  five  years,  the  costs  as  per  the  above 
table,  would  be  from  v$i5.oo  to  $18.75.  In  such  a  case,  the  owner 
would  never  redeem,  except  at  a  compromise.  His  lots  have 
been  confiscated  in  less  than  five  years.  Many  such  cases  have 
run  several  times  that  period,  with  sale  and  lease — not  for- 
getting fees — repeated  annually.  These  costs  are  paid  mean- 
while by  the  town,  by  levy  in  the  annual  town  budget  upon  the 
citizens  who  pay  their  taxes. 

The  delinquent  is  supposed  to  pay  these  charges  when  he 


TAXES    IX    WESTCHESTER    COUNTY  31 

redeems  his  property.  That  is  the  defense  given  for  this  system. 
In  a  case  like  the  above,  however,  he  does  not  redeem.  Nor  will 
anyone  purchase  the  lease  with  all  its  accumulated  charges.  The 
result  is  that  the  owner  abandons  his  property.  The  town  has 
confiscated  it.  The  town  board  under  such  circumstances  will 
usually  compromise  for  not  more  than  the  assessed  valuation  of 
the  lots.  In  the  case  of  a  lot  like  that  cited  in  the  foregoing 
tables  the  town  has  paid  and  is  carrying  as  an  asset  the  taxes 

plus S18.75 

It  settles  with  owner  or  purchaser  for  a  compromise,  sav         5.00 


The  shrinkage  of  the  town's  asset  amounts  to  S13.75 

plus  the   entire  taxes  on  the  lot  in  question. 

If  there  are  one  hundred  such  lots  the  shrinkage  in  costs 
alone  is  $1,375.  In  some  towns  there  are  several  hundred  such 
lots.  It  is  doubtful  if  any  town  in  the  county  can  tell  the 
amount  of  its  assets  in  unpaid  taxes  without  long  and  pains- 
taking search. 

^leanwhile,  the  real  taxpayers  have  these  added  sums  to 
pay,  year  by  year,  without  increasing  the  town's  assets.  It  is 
not  merely  that  the  tax  is  lost;  the  costs  are  taken  out  of  the 
town  treasury  and  have  to  be  made  good  by  the  taxpayers.    . 

The  farcical  side  of  the  case 

As  a  matter  of  fact  it  is  generally  conceded  that  few  tax  liens 
in  the  county  will  pass  a  court  review.  An  owner  of  land  may  let 
his  lots  lie  and  pay  no  taxes,  secure  in  the  knowledge  that  the 
assessments  thereon  are  illegally  made,  and  that  a  tax  levied 
upon  such  assessments  cannot  be  collected.  It  is  fortunate  that 
not  many  have  sufficient  confidence  in  the  reality  of  such  con- 
ditions to  take  advantage  of  them. 

In  such  localities  as  Elmsford,  in  the  Town  of  Greenburgh, 
or  Sherman  Park,  in  the  Town  of  Mount  Pleasant,  thousands 
of  lots  practically  abandoned  by  their  owners,  many  of  whom 
it  is  impossible  to  trace,  are  assessed  annually  at  a  nominal 
value  on  the  tax  rolls,  and  are  annually  sold  and  leased  to  the 
town.  The  fees  and  costs  of  these  sales  and  leases  are  paid  out 
of  the  town  levies.  Although  the  law  states,  as  quoted,  that 
the  town  having  leased  such  properties  should  provide  for  the 
payment  of  taxes  thereon,  and  hold  and  use  such  properties  for 


32  METHOD  AND  COST  OF  COLLECTING 

town  purposes,  many  lawyers  profess  inability  to  interpret  this 
provision  of  the  law  and  express  grave  doubt  as  to  whether 
it  can  be  enforced,  and  what  effect  such  enforcement  might  have 
upon  the  title  of  the  property.  They  also  express  doubt  as  to  the 
meaning  of  the  provision  that  a  tax  lease  to  a  township  vests 
the  title  of  the  leased  property  in  the  township. 

This  part  of  the  law  seems  to  be  farcical  and  meaningless. 
From  the  above  it  seems  to  follow  that  not  the  strength  of  the 
tax  law  and  the  administrative  machinery,  but  either  the  innate 
loyalty  of  citizens,  or  their  inertia  and  ignorance,  or  their  dislike 
of  litigation,  is  what  makes  them  pay  their  taxes. 

CHAPTER  IV. 
THE  COST  OF  COLLECTING  WESTCHESTER  TAXES 

Such  is  the  law;  such  its  administration.  What  does  it  cost? 
How  much  does  the  prompt  taxpayer  pay  in  addition  to  his 
taxes?  How  much  does  it  cost  the  delinquent  to  be  a  delin- 
quent? What  is  the  total  burden  of  cost  added  to  the  taxes  by 
the  processes  of  collection?.  In  the  case  of  an  individual  delin- 
quent, the  latter  question  has  been  answered.  The  appended 
tables  give  detailed  answers  for  townships  and  summaries  for 
the  county  for  five  years.* 

In  the  investigation  necessary  to  secure  this  information, 
the  steps  outlined  below  were  followed  out  in  detail. 

1.  A  thorough  analysis  of  the  Westchester  County 
tax  sale  law. 

2.  An   investigation   of  the  actual   method   of  atl- 
ministering  the  law  in  each  township. 

3.  The    collection,     analysis,     and     tabulation     of 
relevant  statistics,  from  the  following  sources: 

(i)  Personal  examination  of  the  records 
on  file  in  the  office  of  the  supervisor  or  the 
town  clerk  or  both,  in  each  of  the  nineteen 
townships. 

(2)  Conferences  with  one  or  both  of  these 
•ofificers  for  each  town. 


*  The  years  selected  arc  the  last   for  which  complete  re- 
turns arc  available. 


TAXES   IN   WESTCHESTER   COUNTY  33 

.  (3)     Where   records   were   missing,   or  in 

such  a  state  as  to  be  untrustworthy,  the  miss- 
ing information  has  been  supplied  in  the  man- 
ner outlined  in  the  preface  of  this  report. 

The  tables  in  the  appendices  are  meant  to  be  self-explan- 
atory, but  certain  items  may  need  slight  clarification.  The 
total  levy  and  the  sum  collected  by  the  collector  are  included 
for  comparative  purposes  only.  The  total  levy  has  been  taken 
from  either  the  actual  footing  of  the  tax  rolls  or  from  the  col- 
lectors' warrants,  where  these  were  accessible.  School  taxes 
have  been  excluded,  both  from  the  levy  and  from  the  collectors' 
returns.  Therefore,  the  total  levy  and  the  returns  will  not  al- 
ways coincide  with  the  amounts  published  in  the  supervisors' 
reports.  To  the  unpaid  return  is  added  the  full  statutory  pen- 
alty, although,  as  already  explained,  the  second  penalty  is  not 
always  insisted  upon  when  property  is  redeemed  before  ad- 
vertising. One  or  two  smaller  items  of  cost,  so  difficult  to  cal- 
culate from  a  mass  of  scattered  data  as  to  consume  an  unwar- 
ranted amount  of  time,  and  so  small  as  to  affect  the  totals  by 
no  appreciable  values,  have  been  omitted.  Such  are  the  interest 
on  parcels  sold  at  auction,  from  date  of  sale  to  that  of  redemp- 
tion or  lease ;  the  per  diem  charges  of  town  officers  in  attending 
tax  sales ;  and  one  or  two  other  items  entirely  negligible.  The 
result  is  therefore  a  conservative  statement  of  the  cost. 

There  seems  to  be  no  way  of  getting  at  the  exact  amount 
received  by  unsalaried  collectors  for  their  collections,  because 
so  few  of  them  keep  an  exact  account  of  their  personal  receipts. 
Therefore  this  item  has  been  estimated  in  practically  the  whole 
county.  The  study  of  one  or  two  tax  rolls,  where  the  date  of 
payment  of  each  tax  is  shown,  and  conference  with  various  col- 
lectors, supervisors  and  clerks,  have  shown  that  the  collector 
seldom  receives  more  than  2-3  of  his  collections  in  the  first 
thirty  days.  Therefore  his  receipts  have  been  conservatively  es- 
timated, in  most  instances,  upon  this  basis: 

2-3  the  amount,  at  commission  of  i  per  cent. 
1-3  the  amount,  at  commission  of  5  per  cent, 
or  2  1-3  per  cent,  commission  on  his  total  col- 
lections. 

As  a  matter  of  fact  his  receipts  are  usually  much  in  excess 


34  METHOD  AXD  COST  OF  COLLECTING 

of  these  estimates,  because  he  naturally  prefers  to  make  as  much 
of  his  collection  as  possible  at  the  higher  rate. 

The  items  of  cost 

The  use  of  the  term  "cost"  here  made  needs  explanation. 
It  means  the  amount  of  money  that  must  be  paid  by  the  tax- 
payer in  addition  to  the  face  of  his  tax,  either  as  a  fee  for  the 
collection  or  as  a  penalty  for  delinquency,  a  small  part  of  which 
(lo  per  cent,  of  the  delinquent  tax)  should  be  turned  into  the 
town  treasury  for  town  uses.  The  time  and  trouble  of  the  tax- 
payer in  ascertaining  what  to  pay  and  when  and  where  to  pay 
it  is  additional.  Nor  does  this  statement  include  the  cost  of 
collecting  school,  city  or  village  taxes.  The  chief  elements  in 
the  cost  of  collecting  delinquent  taxes  are,  advertising  the 
sales  and  redemptions,  and  fees  and  necessary  expenses  of  town 
officers.  Such  elements  are  itemized  in  the  following  schedules 
in  Appendix  I. 
The  cost  summarized 

The  collection  of  the  general  taxes  of  the  nineteen  town- 
ships adds  to  the  face  of  the  tax  a  burden  of  from  8  per  cent,  to 
lo  per  cent.  The  collection  of  arrears  of  these  taxes  adds  to  the 
face  of  such  arrears  a  burden  of  51  per  cent.  The  accompany- 
ing charts  graphically  illustrate  what  this  addition  to  the  tax 
itself  means  to  the  taxpayer,  both  for  the  county  as  a  whole  and 
for  each  township. 

The  following  table  states  by  townships  the  percentage 
added  to  the  face  of  the  tax  by  the  process  of  collection,  the 
first  column  of  percentages  giving  the  cost  of  collecting  the 
entire  levy ;  the  second  column  of  percentages,  the  cost  of  de- 
linquency to  the  delinquent. 

Town  Cost  of  collecting  Cost  of 

entire  levy  delinquency 

I^eclford    6.35%  1357%*  62.9% 

Cortlandt    3.9  15.7 

Eastchester    6.25  29.6 

Greenburgh    10.12  66.6 

Harrison     11.6  8^-5 

*  The  cost  of  Bedford's  delinquent  tax  for  IQ05  was  so 
large  as  to  increase  the  five  year  average  cost  to  135.7  P^'*  cent. 
Without  that  year,  the  average  is  62.9  per  cent.  ' 


TAXES    IN    WESTCHESTER    COUNTY  36 

Lewisboro    2.45  12.0 

Mt.  Pleasant   21.0  105.2 

Mamaroneck    10.25  58-5 

New  Castle   4-0  22.5 

North    Castle    16.3  46.5 

North  Salem "  3-8  12.1 

Ossining 2.92  15.9 

Pelham   8.66  3i-3 

Poundridge    2.92  12.5 

Rye    4-56  83.3 

Scarsdale    3-85  27.4 

Somers    3-i6  i5-2 

White   Plains    9.2  39.2 

Yorktown    3.8  12.3 

The  town,  county  and  state  taxes  of  1908  for  the  nineteen 
townships  only,  amounted  to  $950,759.08.  To  collect  that 
amount  cost  over  $75,000.00  when  all  the  detailed  charges,  which 
are  stated  conservatively  in  the  tables  of  cost,  are  added; 
$75,000.00  would  pay  for  the  collection  of  the  taxes  of  the  entire 
county  including  the  three  cities,  the  twenty-four  villages  and 
the  innumerable  school  levies,  which  could  be  very  much  simpli- 
fied ;  including  also  postage  on  tax  bills  mailed  to  every  tax- 
payer, office  rent,  and  stationery ;  including  also  the  salaries  of 
a  central  receiver  of  taxes  and  twenty-two  deputies,  which 
would  provide  for  one   deputy  for  each   township  and  one  for 

each  city. 

The  cost  of  school  tax  collections  for  1908  was  approxi- 
mately $17,500.  The  cost  of  village  tax  collections  it  is  im- 
possible to  compute  because  of  their  incompleteness.  But  the 
amount  is  large  enough  to  make  the  total  direct  cash  cost  oJ0 
tax  collection  for  the  county  outside  the  three  cities  amount  to 
considerably  more  than  $100,000.00.   (See  charts,  pp.  42-44.) 


CHAPTER  V. 
CONCLUSIONS  AND  RECOMMENDATIONS 

THE  FOLLOWING  CONCLUSIONS  SEEM   TO   BE  WARRANTED: 

I.  That  the  general  assessment  laws  are  too  dif- 
ficult for  inexpert  assessors  to  apply,  in  valid  form,  to 
local  conditions. 


36  METHOD  AND  COST  OF  COLLECTING 

2.  That  the  levy  of  several  different  taxes  at  dif- 
ferent times  of  the  year,  some  of  them  upon  separate 
assessments,  causes  unnecessary  annoyance  to  the  tax- 
payer, and  adds  unnecessary  complexity  to  the  collec- 
tion and  management  of  public  funds. 

3.  That  there  are  a  great  many  more  collectors 
of  taxes  in  the  county  than  are  necessary. 

4.  That  the  methods  of  collection  practiced  under 
the  present  laws  are  inefficient  and  unbusinesslike. 

5.  That  the  cost  of  collection  of  taxes  under  such 
methods  is  extravagant  and  wasteful ;  that  the  expense 
to  the  taxpayer  of  ascertaining  when  and  where  to  pay 
his  taxes  is  a  totally  unnecessary  burden ;  that  the  ag- 
gregate extravagance  of  all  such  costs,  being  met  by 
individual  taxpayers  instead  of  by  the  county  or  muni- 
cipality, is  not  readily  ascertainable  and  is  not  reme- 
diable by  action  of  the  county  or  municipal  authorities. 

6.  That  the  tax  sale  law  of  Westchester  County  is 
unsatisfactory;  and  that  those  communities  that  manage 
their  taxes  with  the  greatest  efficiency  do  so  either 
under  special  acts  of  the  legislature  or  under  very  free 
interpretations  of  the  law,  if  not  actual  departure  there- 
from. 

7.  That  in  so  far  as  the  creation  of  valid  tax  liens 
is  concerned,  the  administration  of  the  present  West- 
chester County  law  has  proven  a  failure. 

8.  That  the  result  of  such  failure  is  the  continued 
payment,  out  of  town  funds,  of  taxes  and  heavy  costs 
upon  large  numbers  of  realty  parcels,  without  ability 
finally  to  dispose  of  such  property  for  the  recovery  of 
delinquent  taxes. 

TO  REMEDY  SUCH  CONDITIONS  THE  BUREAU  PROPOSES: 

1.  That  the  Westchester  County  special  tax  laws 
be  repealed. 

2.  That  a  simplified  method  of  assessment  be 
adopted.  Such  method  ought  to  include  the  use  of  ac- 
curate assessment  maps  for  the  whole  county  and  uni- 
form assessment  rolls,  of  a  form  prepared  and  approved 
under  proper  state  and  local  authority ;  and  the  levy  of 


TAXES   IN   WESTCHESTER   COUNTY  , 

realty  taxes  should  be  made  upon  the  property  and  not 
upon  the  supposed  owner. 

3.  That  all  ad  valorem  taxes  (state,  county,  town, 
village,  city,  and  school)  upon  the  same  property  be 
levied  upon  the  same  assessed  valuation,  which  valua- 
tion should  be  made  by  one  set  of  assessors  for  each 
neighborhood  and  equalized  by  the  proper  authorities; 
that  the  establishment  of  tax  rates  (in  mills)  upon  this 
assessed  valuation,  for  local  purposes,  be  entrusted  to 
the  local  authorities  for  their  several  localities;  that 
they  certify  the  rate  to  a  central  levying  officer,  who 
merely  computes  all  taxes  from  such  certified  rates  and 
makes  up  the  assessment  rolls. 

4.  That  all  taxes  of  all  kinds  voted  within  the 
year  be  levied  at  the  same  time  of  the  year,  included  in 
the  single  annual  tax  bill,  and  collected  through  a 
single  office,  and  their  payment  or  non-payment  made 
a  matter  of  permanent  record  in  that  office. 

5.  That  the  two  hundred  or  more  tax  collector- 
ships  now  existing  in  the  county  be  abolished,  and  in 
their  stead  a  county  receiver  of  taxes  be  established,  or 
the  county  treasurer  be  authorized  and  directed  to  act  as 
such ;  which  central  receiver,  with  a  sufficient  number  of 
deputies,  shall  collect  all  taxes  and  keep  all  records  of 
their  collection,  conducting  the  entire  business  from  a 
single  central  office. 

6.  That  the  present  system  of  fees  pertaining  to 
the  administration  of  tax  collection  be  abolished  and 
that  the  receiver  of  taxes  and  such  deputies  as  may  be 
necessary  be  paid  salaries  by  the  county  for  their  ser- 
vices ;  that  any  administrative  fees  that  may  be  neces- 
sary be  paid  into  the  county  treasury  for  general  gov- 
ernment uses. 

7.  That  the  payment  of  taxes  in  two  installments, 
some  months  apart,  be  optional  iwtth  the  taxpayer 
without  penalty. 

8.  That  a  tax  bill  be  mailed  to  every  taxpayer, 
whose  address  is  known,  as  soon  as  collection  warrants 
are  issued.  That  such  bill  shall  contain  in  addition  to 
the  statement  of  taxes  due,  printed  information  as  to 


38  METHOD  AND  COST  OF  COLLECTING 

the  total  tax  levy,  distribution  to  be  made  thereof,  tlie 
tax  rate  for  each  variety  of  tax  included  in  the  bill,  the 
time,  place  and  person  to  whom  such  tax  may  be  paid, 
and  clear  instructions  regarding  penalties  for  delin- 
quency and  date  of  enforcement  of  the  tax  lien  in  case 
of  delinquency. 

9.  That  the  prompt  sending  of  such  bill  shall  be 
a  ministerial  duty,  failure  to  perform  which  shall  not  be 
a  defence  to  the  action  for  taxes. 

10.  That  such  taxes  when  collected  be  distributed 
by  the  county  treasurer  or  receiver  of  taxes  to  the 
various  county  and  local  boards  and  bodies  in  accord- 
ance with  the  collections  made  for  their  several  ac- 
counts ;  so  that  no  local  body  has  anything  to  do  with 
the  collection  of  taxes. 

11.  That  a  simple  system  of  collection  be  worked 
out  upon  the  following  plan: 

(i)  Payment  of  taxes  without  fee  or  pen- 
alty during  some  fixed  period  after  a  fixed  date 
established  by  law. 

(2)  At  the  expiration  of  such  period  the 
addition  of  a  suitable  penalty  or  an  appropriate 
rate  of  interest  on  all  unpaid  taxes,  such  inter- 
est starting  from  date  of  the  first  tax  bill. 

(3)  At  the  expiration  of  a  reasonable 
time  a  proceeding  in  rem  as  to  all  delinquent 
taxes  on  realty,  to  establish  the  taxes  by 
judgment. 

(4)  The  satisfaction  of  this  judgment  by 
sale,  by  the  county  authority,  of  the  parcels 
in  fee,  with  a  reasonable  period  for  redemption, 
to  the  highest  bidder  for  cash;  the  county  to 
bid  the  amount  of  the  judgment,  interest,  and 
costs,  if  no  one  else  will  bid  so  high. 

(5)  Payment  to  the  former  owner  of  any 
proceeds  of  the  foreclosure  sale  over  and  above 
such  judgment  and  costs. 

(6)  Provision  for  the  conclusiveness  of 
such    tax   titles,   after   the   expiration    of   such 


TAXES   IN   WESTCHESTER   COUNTY  39 

periods    for    redemption,    with    provisions    for 
notice  of  expiration. 

In  explanation  of  these  suggestions  the  following  may  be 
added : 

Valuation  of  property  for  the  purposes  of  assessment 
of  taxes  of  all  kinds  should  be  made  but  once,  and  then  by 
local  assessors,  but  subject  to  equalization  by  the  proper  county 
and  state  authorities. 

The  determination  of  the  rate  of  tax  for  the  purposes  ofl 
the  respective  county,  town,  village,  and  school  district  cor- 
porations should  be  made  by  the  proper  authorities  of  each 
district  voting  a  tax  of  so  many  mills  and  fractions  of  mills 
and  reporting  their  vote  to  the  county  officer  charged  with  the 
duty  of  computing  the  taxes  of  all  kinds  and  making  out  the 
tax  rolls. 

The  actual  computation  of  the  individual  tax  on  each  per- 
son and  each  piece  of  real  property  for  all  the  various  funds 
should  be  done  by  this  county  officer,  who  should  make  up! 
each  community's  roll,  taking  due  account  of  the  county  equal- 
ization and  the  certificates  of  the  various  boards  and  corporate 
bodies  having  authority  to  levy  taxes.  On  completion  of  the 
roll,  he  should,  at  a  date  fixed  by  law,  deliver  the  roll  to  the 
county  treasurer  or  receiver  of  taxes,  which  should  constitute 
the  authority  of  that  officer  to  collect  the  tax. 

In  this  way  the  entire  business  of  collecting  the  taxes 
would  be  severed  from  the  duties  of  the  bodies  authorized  to 
impose  the  taxes  and  expend  them.  Those  bodies  would  simply 
ascertain  the  amount  of  money  they  needed  and  compute  the 
percentage  this  would  require  on  the  total  amount  of  the  grand 
list  of  property  and  persons  taxable  in  their  taxing  district  and 
report  that  percentage  to  the  county  computer  of  taxes,  who 
would  see  that  it  was  added  for  that  purpose  to  the  tax  on  each 
person  and  each  piece  of  property  whom  that  board  had  juris- 
diction to  tax. 

This  tax  computer  would  be  required  as  to  each  piece  of 
property  and  each  taxable  person,  to  make  out  the  tax  assessed 
by  each  body  authorized  to  assess  taxes  on  such  person  or  par- 
cel, and  all  these  together  would  be  included  in  the  single  tax 
statement  for  each  parcel  and  each  person  turned  over  to  the 
county  treasurer  or  receiver  of  taxes. 


40  METHOD  AND  COST  OF  COLLECTING 

After  the  tax  has  become  finally  delinquent,  which 
should  be  on  a  fixed  date,  the  treasurer  should  return  the  tax 
roll,  showing^  all  payments  and  all  failures  to  pay,  to  the  com- 
puting' officer  who  should  then  be  charged  with  the  duties  of  en- 
forcing payment  by  judgment  and  sale. 

The  dates  should  be  so  arranged  that  during  one  part  of 
the  year  this  officer  will  be  making  up  the  new  roll  for  the 
ensuing  year,  and  during  the  other  part  taking  proceedings 
for  the  enforcement  of  delinquent  taxes  by  judgment  and  sale 
or  execution.  By  this  simple  provision  the  need  of  a  second 
salaried  officer  is  avoided.  Such  an  officer  can  receive  a  salary 
sufficient  to  make  reasonable  compensation  for  accurate  and 
intelligent  rendition  of  duty. 


TAXES   IN   WESTCHESTER  COUNTY 


41 


q6.3 


Saatchestsr 


(f^.l 


rs^v 


Greenturgh 


!r/.7 


g-a.v 


=^ 


Mamaroneck 


Mount  Pleasant 


81.0 


Ket?  Caatle 


%'■  r 


?? 


jpth  Cattla 
jrth  Salem 


ay.  o 


^5T 


:^ 


•pnnwaT<di»« 


7S-/ 


Rye 


^7.3 


Scaradale 

Sonera  


yv-3 


8'/.5- 


Wliite  Pldias 


x^  -^t 


CHART  SHOWING  AVERAGE  ANNUAL  COLLECTIONS 
OF  STATE,  COUNTY,  AND  TOWN  TAXES 

Each  rectangle,  including  both  the  white  and  shaded  portion^ 
marked  with  the  name  of  a  town  represents 

the  total  annual  tax  of  the  township  named.  The  re- 
lative sizes  of  the  annual  tax  are  shown  by  the  vertical 
widths  of  the  rectangles. 

The  longer  unshaded  portion  of  each  rectangle  represents 

the  percentage  of  the  total  tax  collected  by  the  col- 
lector.   The  actual  percentage  is  stated  in  figures. 

The  shaded  portion  at  the  right  represents 

the  percentage  of  the  whole  tax  returned  by  the  col- 
lector as  unpaid,  to  be  collected  by  sale  by  the  super- 
visor. The  actual  percentages  are  given  in  such  shaded 
portions. 


42 


METHOD  AND  COST  OF  COLLECTING 


Harrison 


Mamaroneck 


Mount  Pleasant 


Eorth  Salem 


KpiirnrifliT» 


Scarsdale 
SmuHia      — 


milt*  Plains 
YoTktowi'i 


'^■"■^■<-^J>.0>:./j-/r 


CHART  SHOWING  THE  TOTAL  COST  OF  COLLECTION 
OF  TAXES  IN  THE  NINETEEN  TOWNSHIPS 

The  vertical  width  of  the  rectangles  represents 

the  relative  size  of  the  total  tax  for  each  township. 
The  unshaded  sections  at  the  left  represent 

the  portion  collected  by  the  tax  collector. 
The  lightest  shaded  sections  represent 

the  arrears  of  taxes  to  be  collected  by  tax  sale.  . 
The  narrow  darker  strip  represents 

the  fees  paid  the  collector  before  making  his  return. 
The  darkest  sections  at  the  right  represent 

the  amount  of  cost  of  collecting  the  arrears  by  process 
of  tax  sales. 

The  figures  at  the  right  show  by  what  per  cent,  of 
itself  the  total  tax  is  increased  by  the  cost  of  collection. 


TAXES    IN   WESTCHESTER   COUNTY 


43 


yflJHl.)?/f>. 


CHART    SHOWING,    BY    TOWNSHIPS,    THE    COST    OF 
DELINQUENCY  IN  PAYMENT  OF  TAXES 

Each  lighter  rectangle  represents 

the  delinquent  portion  of  the  tax  levy  returned  by  the 
collector  to  the  supervisor.     The  figures  given  in  these 
rectangles  are  percentages  of  the  entire  lev3^ 
Each  darker  portion  represents 

the   cost    added    by    collection    under    the    Westchester 
County  special  law. 

The  figures  in  these  rectangles  are  percentages  of 
delinquent  tax. 


44  METHOD  AND  COST  OF  COLLECTING 


Thl»  square  roprosentB 
the  TOTAL  TAX  AEREARS 
for  the  19  townshipe 
for  one  year 


TAXES   IN   WBSTCHEBTER    COUNTY 


45 


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INDEX 


69 


Accounting  systems;  Advocated 
by  the  Bureau,  3* — provided,  4. 

Advertising;  legal  rate  for,  7 — di- 
vergence in  rates,  8,  24,  32 — 
efficiency  of,  24 — law  regulating, 
19,  20,  23— of  leases,  20. 

Arrears;  collection  of,  13, — Chap. 
III.  entire — Governed  by  West- 
chester Co.  Tax  Sale  Law,  12 — 
Cost  of,  see  "delinquent  taxes" 
and   "cost." — Chart  of  cost,   44. 

Asses'sment;  Law  governing,  10- 
11 — law  too  difficult,  13 — one  as- 
sessment for  all  taxes  recom- 
mended, 9,  37 — illegal  rolls,  13- 
14 — simplified  asses'sment  need- 
ed, 9,  36 — on  property  instead  of 
owner,   9,  37. 

Assessment  Rolls;  Made  up,  10 — 
exhibited  for  correction,  com- 
pleted, filed,  delivered  to  su- 
pervisor, equalized  by  county 
board,  11 — delivered  to  collector, 
12 — variations  in  form  of,  13 — 
illegal,  14. 

Assessors';  election  of,  10 — du- 
ties of,  10 — usually  inexpert,  14. 

Auction;  of  delinquent  properties, 
8 — mere  formality,  8 — few  bid- 
ders at,  8,  2'4 — tax  sale,  20. 

Buyers;  few  at  tax  sales,  8,  24. 

Causes   of  Inefficiency;    3. 

Charts;  41-44 — see  "collection'' 
and  "cost." 

Collection;  By  county  treasurer, 
9,  37 — contrast  legal  method 
with  business  methods,  15 — 
chart  of,  by  townships,  41 — cost 
of,  see  "cost" — law  regulating, 
12 — methods  inefficient  and  un- 
businesslike, 14-17,  36  —  of  ar- 
rears in  Westchester  Co.,  17-32 
— three  processes  involved  in, 
10— helped  by  tax  bills,  15-16— 
delayed  by  legal  procedure,  13 — 
simple  finance,  14 — state  law 
governing,  10-13 — of  delinquent 
taxes  (arrears)  by  proceedings 
to  judgment  and   sale,   10.   38. 

Collectors;  more  than  200,  8 — 
should  be  abolished,  9,  37 — du- 
ties of,  12,  18— bond  of  18,  22 
— commissions  (fees)  of  un- 
salaried, 16-17 — delay  pays  bet- 
ter   than    promptness,    17 — diffi- 

*  Numbers  refer  to  pages   of  this 
report. 


culty  of  finding,  14 — duplicate 
receipts  for  return,  18 — fees  of 
estimated,  33 — must  add  5  per 
cent,  to  "return,"  18 — to  receive 
2  per  cent,  of  return,  18 — re- 
ceipt not  filed  with  Co.  treas- 
urer, 22 — receipt  of  roll  and 
warrant  by,  12. 

Comptroller,  state;  state  tax,  no- 
tice given  by,  11 — opinion  re- 
garding illegal  assessments,  13. 

Condensed  statement;  of  tax  in- 
vestigation, 5-10. 

Conclusions;  derived  from  tax  in- 
vestigation,  35-36. 

Confiscation;    by  repeated     leasee, 

30 — paid  by  the  township,  31. 
Co-operation;      principle      of      the 
.    Westchester     County     Research 
Bureau,    3 — check   upon    misgov- 
ernment,  4. 

Cortlandt;  records  of  complete, 
23. 

Cost  of  tax  collection;  impressed 
investigators,  5  —  included  in 
study,  5 — great  amount  of,  8,  9, 
32 — variation  in.  9 — explanation 
of  term,  "cost,"  34 — percentages 
of,  34-35— items  of,  34— of  de- 
linquency, 34-35 — of  1908  school 
tax,  35,— total  tax  of  1908  cost 
over  $100,000.00,  35— of  village 
taxes,  incomputable,  35 — charts 
of,  42-44 — tables  of,  appendices 
I.  and  II.,  45-68— of  taxes  of  1904, 
45-48 — of  taxes  of  1905,  49-52— 
of  taxes  of  1906,  53-56 — of  taxes 
of  1907,  57-60— of  taxes  of  1908, 
61-64 — of  taxes  of  five  years, 
1904  to  1908,  65-68. 

County  treasurer;  should  collect  all 
taxes,  9,  37 — must  borrow  defi- 
ciencies of  town  taxes,  if  needed, 
19 — collector's  receipts  to  be 
filed  with,  18 — must  make  public 
record  of  tax  sales',  22 — should 
keep  all  records  of  tax  collec- 
tions, 37 — ^should  return  tax 
rolls  to  computing  officer,  40. 

Deficiency  in  taxes;  formulation  of, 
18 — supplying  funds  for,  19 — 
faulty  administration  of,  22. 

Deficient  records,  see  "records." 

Delinquency;  encouraged  by  re- 
levy,  7 — penalties  for,  7. 

Delinquent  properties;  not  dispos- 
ed of,  7 — auction  of,  S. 


70 


INDEX 


Delinquent  taxes;  see  "arrears" — 
under  V/estchester  Co.  special 
law,  G — undue  cost  of,  6 — collec- 
tion should  be  by  judgment  and 
sale,  10,  38— law  governing  col- 
lection of,  18-21— cost  of,  34. 
tables  showing,  45-G8. 
Difficulties;  of  securing  tax  in- 
formation, 5,  14,  34. 
Duplicate;  receipts  to  collector, 
18 — certificates  of  sale,  2  ) — no 
statutory  fee  for,  2G — charged  for 
by  supervisors,  2.5-26-  by  town 
clerks,  2C-27 — sometimes  not  re- 
corded, 27. 
Equalization;  by  the  county  board, 

11. 
Extravagance       in       government; 

causes  of,  3. 
Extension   of   collector's     warrant, 

7  also  footnote. 
Farcical  features;   of  tax  lease,  31- 

32. 
Fees;  abolition  of,  9,  37— apparent- 
ly unauthorized,  8 — amount  of,  8, 
25-27— tables    of,    25-27— by    sr/ 
pervis'ors,  25 — ^by     town     clerks, 
2G — Public   Officers'  Law  regard- 
ing unauthorized,     2G,     note — of 
collectors,    16-17— for   leases,   21. 
General  tax  law;   see  "tax  law" — 
assessment    and    levy    governed 
by,  5 — defects  of,  6. 
IncongruiMes   of   general    tax   law, 

13. 
Inefficiency  of  government;   causes 

of,  3. 
Installments;    for  paying   taxes,  9, 

39. 
Investigation;  of  tax  administra 
tion,  begun,  o^>jects  of,  5 — con- 
densed statement  of,  510  in- 
cludes state,  county,  and  town 
taxes  only,  17 — analysis  and  ex- 
position of  material  facts,  10-35 — 
collection  of  material,  32 — tabula- 
tion of  statistics,  45-GS — conclu- 
sions and  recommendations,  35- 
40. 
I>aw;  see  "tax  law." 

Lease;   see  "tax  lease." 

Levy  of  taxes';  procedure,  11 — 
amount  of,  see  tables,  45,  49,  53, 
57,  01,  G5— same  time  of  year  for 
all  taxes.  37 — 'on  same  assess- 
ment, 37 — on  property  instead  of 
on  owner,  30-37. 


Liens;   see  "tax  liens." 

Penalties'  for  delinquency;  not  uni- 
form, 7,  22 — 5  per  cent,  added  by 
collector,  12,  18 — 7  per  cent,  add- 
ed by  town  board,  19. 

Precedent;  followed  by  untrained 
officials.  3. 

Piemiums  upon  delay  and  ineffi- 
ciency, 16-17. 

Publication  of  tax  notice,  see  "tax 
notice." 

Reassessment;   23. 
Recon^mendations;  9,  36-40. 
Records;   of  tax  sales,     by     town 
clerk,  20 — by  Co.  treasurer,  20 — 
incomplete,   8,   27 — of    town   pro- 
ceedings,   23 — of    leases,    21— all 
tax   records   matters'  for  central 
office,  37. 
Redemption; of  property  sold,  20 — 
after  advertising,  21 — not     after 
lease,  21 — many  small  parcels  not 
redeemed,  31 — reasonable  period 
for,  recommended,  38. 
Remedies  recommended,  8-9 — 36-40. 
Return  of  unpaid  taxes;    law   gov- 
erning, 18 — delayed,  22 — receipts 
for,  22 — not  always  correct,  22 — 
amount  of,  see  tables,  appendices 
I.  and  II. 
Rye;  tax  bills  used  by,  17 — salaried 

receiver,  17. 
Sale;    s'ee   tax   sales. 
Sherman   Park;      abandoned     lots, 

31. 
Supervisor;  presents  assessment 
roll  to  county  board,  11 — spreads 
taxes  oil  roll,  12 — collector's  re- 
turn made  to,  12 — colltction  of 
arrears  by,  13 — must  borrow  de- 
ficit, make  list  of  rejected  taxes, 
present  same  to  county  board,  ad- 
vertise delinquent  realty,  19 — 
sell  same  at  auction,  buy  for 
town,  give  certificate  of  sale, 
file  duplicate  with  Co.  treasurer, 
20 — advertise  redemption,  exe- 
cute lease,  fees  for  lease,  21 — 
sometimes  withholds  collector's 
receipt,  22 — questionable  fees  of 
for  tax  sales,  2'5-26. 
Supervisors;  county  board  of. 
equalization  by,  11 — makes  coun- 
ty budget.  11-12 — authorizes  tax 
rates.  12 — issues  tax  rolls  and 
warrants  to  collectors,  12. 


INDEX 


71 


Tax;  validity  of  uncertain  in  West- 
chester County,  6. 

Tax  Bills';  efficiency  of,  15 — towns 
using,  15 — towns  not  using,  15 — ■ 
attorneys'  opinions  regarding,  16 
— recommended,  9,  37 — a  minis- 
terial function  only,  10,  38. 

Tax  law;  general  state  law,  10-12 — 
defects  of,  6,  13 — special  law  for 
tax  sales,  see  "Westchester  Coun- 
ty Tax  Sale  Law." 

Tax  leases;  uncertainty  as'  to  valid- 
ity of,  7,  31 — reduplication  of  on 
same  property,  8,  2S — administra- 
tion of,  a  failure,  7,  2S-32,  36— 
work  confiscation  of  property,  7, 
31-32 — law  governing,  20-21 — 
"title"  vested  by,  21 — town's 
rights  in  leased  properties,  29- 
30 — use  of  and  profit  from,  30 — 
tables  of  statistics  regarding,  ap. 
pendices  I.  and  II. 

Tax  liens';  invalid  in  Westchester 
County,  31,  36. 

Tax  notice;  publication  of,  14 — in- 
efficiency of,  14-16. 

Tax  Rolls;  see  "assessment  rolls." 

Tax  Sales;  Under  Westchester 
County  special  law,  17 — prelimin- 
ary steps.  19-22 — date  for,  20— 
meaning  of  term  "sale,"  20,  note 
— records  of,  20 — how  conducted 
in  practice,  2'3-28 — advertising, 
23 — perfunctory  character  of,  24 
—questionable  fees  for,  25-27 — ■ 
cost  of,  34-35 — tables  of  statistics 
of,  appendices  I.  and  II.  judg- 
ment should  precede,  38. 

Tax  sale  law;  see  "Westchester 
County  Tax  Sale  Law." 

Tax  sale  "titles;"  poorer  in  West- 
chester County  than  elsewhere, 
17 — vested  in  the  town  as  pur- 
chaser, 21,  30 — vagueness  of  law 
regarding,  32. 


Taxes;  all  to  be  levied  at  same 
time,  37 — collected  taxes  to  be 
distributed  to  various  local 
bodies,  38 — levy  of,  11-12 — collec 
tion  of,  12-13 — delinquent,  see 
"delinquent  taxes,"  and  "arrears" 
■ — cost  of  collecting,  32-35 — on 
town  leases,  to  be  paid  by  the 
town,  29-30 — several  at  different 
timts  of  the  year  unnecessary, 
36. 

Titles;  see  "tax  sale  titles." 
Town  board;  votes  town  taxes,  11 
— must  review  collector's  return, 
19 — must  add  7  per  cent  penalty, 
19 — review  neglected  by,  22 — no 
statutory  date  for  review,  23 — 
must  designate  newspaper  for  ad- 
vertising sales  and  redemptions, 
24. 

Town  clerk;  assessment  roll  filed 
with,  11 — must  record  certificates 
of  sale,  legal  fee  for  same,  20 — 
must  record  leases,  legal  fee  for 
same,  21  —  questionable  fees 
charged  bv,  2'5-27 — record  books 
of,  23. 

Untrained  officials;  cause  of  mis- 
government,  3. 

Unpaid  taxes;  see  "delinquent  tax- 
es" and  "arrears." 

Wes'ichester  County  Research 
Bureau;  non  partisan,  3 — aims 
of,  3 — presents  report,  4  — 
courtesy  shown  to,  4 — co-opera- 
tion on  the  part  of,  4 — services 
of,  4 — undertakes  tax  study,  5 — 
recommends  remedies  8,  36. 

Westchester  County  Tax  Sale  Law; 
citation  of,  6— plan  of,  6,  18— 
defects  of,  0,  13 — how  complied 
with,  7-9,  22-32 — amendments  of, 
18— s-ubstance  of,  18-21 — repeal  of 
recommended,  9,  36 — failure  of, 
36. 


?«?-?*N. ;;''  /!' 


a 


Why 

New  York 
Needs  a 
State  Police 


What  a  State  Police  Has 
Done  For  Pennsylvania 


7  East  42nd  St.,  Annex 
The  Committee  (or  a  State  Police 
20  ViMexSw  New,"^**^' . , 


J 


AND 

SANE 
IIA 


.D. 


.TION 


Why  New  York  Needs  A 

State  Police  AND 

..,  SANE 


Outside  of  its  cities  with  their  well  or-  1  l/\ 

ganized  municipal  police  forces,  New  York 
State  has  no  adequate  agency  for  preserv- 
ing the  peace  and  dealing  with  law  breakers. 
This  state  of  aftairs  has  given  rise  to  a  con- 
stantly growing  demand  for  the  creation  of 
a  specially  trained  body  of  mounted  state 
police  for  patrol  duty  in  rural  districts. 

Changing  conditions  in  recent  years  have  .D. 

aided  the  extension  of  the  operations  of  pro- 
fessional criminals  from  the  big  cities  to  the 
small  towns  and  rural  territory  of  the  state. 
Excellent  trolley  service,  the  state's  good 
road  system  and  the  automobile  give  them 
easy  access  to  unguarded  suburban  homes, 
the  village  bank,  post  ofidce  and  railroad 
station  and  the  safe  of  the  small  town  fac- 
tory or  till  of  the  country  store.  The  rec- 
ords in  any  county  outside  of  Greater  New 
York  for  the  last  ten  years  will  show  a  long 
succession  of  crimes,  varying  from  crop 
stealing  to  murder,  for  which  no  one  was 
ever  punished.  The  recent  robbery  and 
murder  of  the  farmer  Seacord  in  Westches- 
ter County  and  the  notorious  series  of  auto- 
mobile hold-ups  on  the  Niagara  Falls  boule- 
vard several  months  ago  are  typical  in- 
stances. This  is  not  to  say  that  crime  is 
more  prevalent  in  the  rural  sections  and 
small  communities  than  in  the  large  cities.  ^TION 

But  the  local  constables  and  sherifirs  cannot 
preserve  the  peace  or  detect  and  catch  crim- 
inals as  can  the  well-disciplined  police  of 
the  cities.  They  have  not  the  men  to  patrol 
their  jurisdictions  to  protect  the  residents 
I 


and  to  serve  as  a  deterrent  of  crime.  No 
sheriff  could  obtain  from  the  county  super- 
visors an  appropriation  for  a  force  of  depu- 
ties to  patrol  the  county.  There  is  a  logi- 
cal, simple  and  inexpensive  way  to  better 
this  condition.  That  is  the  establishment 
of  a  body  of  specially  trained  and  equipped 
mounted  men  to  cover  the  sections  of  the 
state  now  unpoliced  and  unpatrolled. 

Creation  of  a  state  police  force  is  one  of 
the  imperative  reforms  in  administration. 
It  is  demanded  by  officials  whose  experi- 
ence has  proved  its  need.  Fred  M.  Acker- 
son,  Judge  of  the  Court  of  Claims,  declared 
in  1914,  when  he  was  district  attorney  of 
Niagara  County:  "The  rural  districts  of 
this  State  are  practically  without  protection 
against  the  criminal.  It  was  only  a  short 
time  ago  that  in  ashes  by  the  side  of  the 
Rome,  Watertown  &  Ogdensburg  Railroad, 
a  short  distance  from  here,  there  were  found 
human  bones.  From  some  metal  trinkets 
found  with  these  bones,  they  were  identified 
as  the  remains  of  a  tramp  who  for  some 
reason  was  murdered  and  his  body  burned. 
In  the  past  year  robbery  and  attempts  at 
robbery  have  been  frequent  upon  the  high- 
ways in  this  county,  the  perpetrators  of 
which  have  never  been  discovered.  Rural 
banks  in  this  county  have  been  blown  to 
pieces  by  dynamite  and  robbed ;  nearly 
every  post  office  safe  in  Western  New  York 
has  been  robbed,  and  I  do  not  now  recall 
anybody  ever  having  been  convicted  for 
these  crimes.  The  ordinary  constable  or 
deputy  sheriff  can  serve  subpoenas  and 
make  a  levy  under  an  execution,  providing 
he  is  feeling  well ;  but  as  a  general  rule  he 
is  incapable  of  coping  with  even  a  third- 
class  criminal.  T  cannot  recommend  too 
highly  your  plan  for  a  State  Police  to  en 


[lA 


.D. 


force  the  law  and  for  the  protection  of  life  f 

and  property." 

William  D.  Cunningham,  District  Attor-  *  ^y  |->^ 

ney  of  Ulster  County,  in  1914,  declared:    "I  r\l\  U 

am  emphatically  in  favor  of  a  State  Police.  ji  a  -v  t  rp 

I  believe  I  have  had  more  practical  experi-  Jii  1>I  IL 

ence  with  such  a  body  than  any  public  offi- 
cer in  the  State  of  New  York.  I  have  been 
District  Attorney  of  Ulster  County  for 
more  than  six  years,  during  which  period 
the  great  work  of  constructing  the  Ashokan 
Dam  has  been  in  progress  with  thousands 
of  laborers  employed.  Many  of  these  men 
were  criminals  and  had  it  not  been  for  the 
Board  of  Water  Supply  police  the  situation 
would  have  been  deplorable.  Instead  this 
police  body,  in  many  respects  similar  to  the 
State  Police,  was  at  all  times  in  control  of 
the  situation.  They  were  quick,  mobile,  in- 
telligent and  aggressive.  Except  in  the 
small  cities  and  in  incorporated  villages  the 
present  system  of  constables  and  deputy 
sheriffs  is  worthless  and  at  the  same  time 
expensive.  One-tenth  of  the  number  of  of- 
ficers, if  mounted  and  disciplined,  would 
give  better  protection  at  less  cost." 

Thomas  Gagan.  District  Attorney  of 
Rockland  County  in  1914,  wrote  that  he  be- 
lieved "the  inauguration  of  such  a  police 
force  will  conserve  the  best  interests  of  the 
people  of  the  State  of  New  York  and  give 
rural  communities  a  protection  which  they 
have  not  at  present." 

A  State  Police  force  is  a  permanent 
agency  for  protection  and  law  enforcement, 
distributed    geographically   over    thousands  .TION 

of  square  miles  of  territory  now  inadequate- 
ly policed.  It  is  always  on  duty  ready  for 
any  emergency,  with  its  members  especially 
trained  for  guarding  the  public  against  law- 
breakers. It  is  an  aid  for  every  judge,  dis- 
3 


trict  attorney,  sheriff,  mayor  and  chief  of 
police  in  emergencies.  It  enforces  the  laws 
without  fear  of  political  influence  or  the 
favoritism  which  comes  from  local  friend- 
ships and  associations.  It  is  a  money-saver 
because  it  is  a  deterrent  of  crime  and  a  cer- 
tain means  of  justice  in  capturing  and  con- 
victing criminals.  It  could  save  New  York 
State  thousands  of  dollars  each  year  now 
paid  for  the  expenses  of  sheriffs'  posses  and 
would  do  better  work. 

The  neighboring  State  of  Pennsylvania 
has  had  such  a  force  since  1906,  when  it  was 
established  on  a  military  basis  suggested  by 
the  splendid  work  of  the  Texas  Rangers,  the 
Philippine  Constabulary  and  the  Northwest 
Mounted  Police  of  Canada.  It  is  on  the 
remarkable  record  of  the  Pennsylvania  Po- 
lice that  the  demand  for  a  State  Constabu- 
lary in  New  York  is  based. 

This  body  of  troopers,  many  of  them  cav- 
alrymen, honorabl}'-  discharged  from  the 
United  States  Army,  is  made  up  of  picked 
men,  taught  the  laws  of  the  commonwealth 
and  schooled  to  enforce  them  with  absolute 
impartiality  against  offenders  of  all  classes. 
Attempts  to  repeal  the  law  under  which  it 
was  established  have  failed  because  of  gen- 
eral recognition  of  its  value.  It  has  been 
kept  free  from  politics  and  from  considera- 
tions of  class.  It  has  won  the  respect  of  the 
labor  unions.  They  know  that  strikers  who 
do  not  break  the  laws  have  nothing  to  fear 
from  the  troopers,  whereas  if  they  do  break 
the  laws  this  police  machine  will  do  its 
duty  impartially.  During  the  recent  \\'est- 
inghouse  strike  it  became  apparent  that  riot- 
ing was  to  be  feared.  A  company  of  the 
State  Police  was  assigned  to  preserve  order. 
The  captain  summoned  the  strikers'  leaders 
to  meet  him  and  told  them  that  he  and  his 


.D. 


men  were  there  to  preserve  order  and  in- 
tended to  do  it  at  any  cost.      He  made  it 

plain  that  the  police  had  no  bias  on  the  mat-  a  "vt  t^ 

ters  which  brought  about  the  strike  and  had  "^ 

only  one  purpose — to  preserve  order  and  en-  ^  A  "^f  U* 

force  the  laws.  The  reasonableness  of  this 
attitude    appealed    to    the     strike    leaders.  FT  A 

There  was  no  violence  in  this  captain's  jur- 
isdiction, and  when  the  police  were  with- 
drawn at  the  settlement  of  the  strike,  the 
strikers  cheered  them. 

Strike  duty,  however,  has  been  the  less 
important  side  of  the  work  of  the  Pennsyl- 
vania police.  Its  daily  routine  is  to  patrol 
the  State  of  Pennsylvania  outside  of  the 
cities,  to  preserve  order,  make  arrests  for 
crimes,  the  commission  of  which  its  mem- 
bers see,  and  to  aid  county  and  municipal 
authorities  in  law  enforcement,  on  request.  f 

It  specially  enforces  the  game  and  automo- 
bile laws  and  the  orders  of  the  State  De- 
partment of  Health.  It  is  used  for  emer- 
gency work  in  cases  like  that  of  the  Austin 
flood,  where  it  distinguished  itself  for  its 
efficiency.  It  was  used  to  equal  advantage 
in  handling  the  big  celebration  of  the  fifti- 
eth anniversary  of  the  battle  of  Gettysburg. 

In  1913  this  force  patrolled  more  than 
625,000  miles  of  rural  roads  never  patrolled 
before  its  creation,  visiting-  2,839  towns  in 
66  counties.  It  made  2,463  arrests,  nearly 
all  in  country  districts.  Of  these  prison- 
ers, 2,165  were  convicted  or  still  have  cases 
pending.  There  were  132  arrests  for  drunk- 
enness, with  128  convictions;  174  arrests  for 
assault,  with  54  convictions;  49  disorderly  iTION 

house  arrests,  with  44  convictions ;  40  ar- 
rests for  murder,  with  23  convictions  or 
cases  still  pending ;  39  arrests  for  gambling,  i 

with   35   convictions;   32    arrests    for   rape, 
with  22   convictions;   25   arrests   for  horse 
5 


* 


stealing,  with  16  convictions.  In  1914  the 
force  patrolled  645,000  miles  and  otherwise 
extended  its  work. 

The  enlisted  members  of  this  force  num- 
ber only  220  men.  The  total  expenses,  in- 
cluding salaries,  for  the  year  1913,  were 
$325,000.00. 

On  the  score  of  economy  alone,  a  State 
police  force  is  desirable.  It  is  to  some  de- 
gree a  discourager  of  crime,  and  it  is  cheap- 
er to  prevent  crime  than  to  punish  for  it.  It 
can  be  used  to  replace  the  expensive  and  in- 
efficient sheriff's  posses.  Since  the  estab- 
lishment of  a  force  in  Pennsylvania,  the 
National  Guard  of  that  State  has  not  been 
called  on  for  strike  duty.  The  last  time  it 
was  called  out,  in  the  Hazelton  strike,  in 
1902,  it  cost  the  State  over  $995,000.00  for 
the  eight  weeks'  service.  This  does  not 
take  into  consideration  the  personal  loss  in 
salaries  to  the  guardsmen  who  had  to  be 
away  from  their  occupations  for  two 
months. 

In  1914  there  was  a  serious  strike  in  New 
York  State  at  the  Gould  Coupler  Co.,  at  De- 
pew,  Erie  County.  It  became  necessary  for 
Sheriff  Frederick  Becker  to  call  out  about 
200  special  deputies.  These  men  proving 
inadequate,  the  74th  Regiment  of  Infantr}-^ 
was  brought  to  the  scene.  It  remained  on 
duty  for  15  days,  after  which  Troop  I,  First 
Cavalry,  was  assigned  to  take  the  place  of 
the  infantry  regiment.  The  cavalry  re- 
mained on  duty  for  two  weeks.  The  cost 
to  Erie  County  was  $75,000.00.  No  esti- 
mate has  ever  been  made  of  the  loss  of 
wages  to  the  National  Guardsmen  and  the 
loss  to  business  men  of  the  vicinity  due  to 
inefficient  policing. 

"If  we  had  had  a  State  constabulary,"  Mr. 
Becker  says,  "100  men  could  have  handled 
6 


j 


SOME    OPINIONS   REGARDING   THE 
STATE  POLICE. 


the  situation  without  difficulty  even  at  its  

worst  moments  and  there  would  have  been 
a  tremendous  saving  to  taxpayers." 

Later  Buffalo  had  a  street  car  strike  in  A!ND 

which  the  militia  had  to  be  called  out.  "Dur- 
ing the  street  car  strike,"  says  Mr.  Becker,  ^JK  N^  E 
"the  patrols  consisted  of  eight  men  with 
rifles.  With  a  State  constabulary  one  flA 
mounted  man  for  every  two  blocks  could 
have  preserved  order  and  there  wouldn't 
have  been  the  expense  of  the  militia  or  the 
inducement  to  disorder  of  seeing  rifles  and 
bayonets  every  time  one  took  a  step." 


.D. 


Henry  L.  Stimson,  ex-Secretary  of  War: 
"I  have  long  been  a  supporter  of  the  idea 
of  having  a  force  of  constabulary  created 
in  this  State.  The  National  Guard  cannot 
easily  or  effectively  do  the  work  of  a  con- 
stabulary. Its  use  is  not  only  most  ex- 
pensive, but  in  doing  riot  duty  or  serving 
in  labor  troubles  the  men  often  feel  that 
they  are  being  called  upon  for  duty  which 
is  not  strictly  military  and  which  was  not 
the  primary  purpose  of  their  enlistment. 
The  creation  of  a  paid  force  of  State  con- 
stabulary is,  therefore,  a  necessary  unit  in 
the  development  of  a  proper  military  sys- 
tem for  this  country.  Its  creation  will 
leave  the  National  Guard  free  for  develop- 
ment in  the  line  of  its  most  effective  and 
patriotic  purpose  and  will  remove  the  causes 
of  friction  which  now  exist  with  the  labor 
element  of  our  population.     The  experience  '  '  ION 

which  the  State  of  Pennsylvania  has  had 
with  its  fine  force  of  State  Constabulary 
also  shows  how  effective  such  a  body  of 
men  can  be  made  at  an  expense  which  is  in- 
7 


significant  in  comparison  with  the  expense 
of  using  the  National  Guard.  I  believe  that 
the  creation  of  such  a  force  in  the  State  of 
New  York  would  insure  the  protection  of 
life  and  property  in  a  much  more  eflfective 
manner  than  has  heretofore  been  achieved, 
and  would  at  the  same  time  free  the  Nation- 
al Guard  for  what  I  believe  to  be  its  more 
suitable  function." 


Arthur  Woods,  Police  Commissioner, 
City  of  New  York :  "I  know  that  the  work 
of  the  New  York  City  Police  Department 
would  be  helped  if  there  Avere  a  State  body 
of  police  covering  the  rural  part  of  the  State 
with  which  we  could  work  in  close  co-oper- 
ation. \\'e  are  often  hampered  now  in  the 
effort  to  arrest  men  who  flee  the  city.  Un- 
less they  go  to  one  of  the  cities  so  that  we 
can  co-operate  directly  with  an  organized 
police  force,  we  are  under  great  handicap. 
A  State  police  force  would  go  a  large  way 
tOAvard  overcoming  this.  Besides  this,  I 
believe  that  a  State  force  would  certainly 
give  much  needed  protection  to  those  parts 
of  the  State  which  are  now  practically  with- 
out police  protection." 


Gen.  Francis  V.  Greene,  Ex-Police  Com- 
missioner, New  York  City :  '1  am  heartily 
in  sympathy  with  the  movement  for  a  State 
police  and  have  been  for  several  years.  I 
shall  be  glad  to  do  anything  in  my  power 
to  help  bring  it  about." 


The  Chamber  of  Commerce,  Rome,  N.  Y., 
by  William  A.  Searle,  Secretary:  "The  exec- 
utive committee  of  the  Rome  Chamber  of 
Commerce  believe  the  general  idea  of  a 
State  police  to  be  a  good  one.  I  am  {?!•;:-  it- 
8 


1 


ed  to  convey  to  you  the  notice  of  their  action  a  "v  y  r^ 

favoring  the  establishment  of  a   State  po-  /\iN  LJ 

""•"  >ANE 

The  Board  of  Trade  of  the  Village  of  Port  r  t  A 

Henry,  Essex  County,  N.  Y. :  "We  believe  I  li\ 

that  the  establishment  by  the  State  of  New 
York  of  a  mounted  constabulary  would  be  of 
great  benefit  and  value  to  every  resident 
and  taxpayer  in,  not  only  this,  but  every 
rural  county  in  the  State.  For  the  experi- 
ence of  every  State  where  a  State  police  has 
been  established  has  proved  that  such  a 
body,  although  few  in  numbers,  and  taking  .D. 

the  place  of  many  minor  officials,  has  re- 
duced the  taxes  and  been  of  great  benefit  to 
all,  not  only  bringing  criminals  to  justice, 
but  of  incalculable  benefit  in  preventing 
crime,  and  enforcing  the  laws  and  protecting 
the  lives  and  property  of  all  residents  as 
well  as  the  property  of  the  State." 


Charles  E.  Treman,  Ithaca,  Ex-Supt.  of 
Public  Works  of  N.  Y.  State :  "I  thoroughly 
sympathize  with  the  establishment  of  a 
State  constabulary  similar  to  that  in  the 
State  of  Pennsylvania." 


George  F.  Shrady,  Superintendent  of  the 
New  York  City  Board  of  Water  Supply  Po- 
lice :  "I  believe  a  mounted  State  police  force 
would  be  of  benefit  to  the  public  at  large, 
especially  in  isolated  country  districts, 
where  the  citizens  are  obliged  to  rely  upon 
the  inexperienced,  inefficient  local  constable 
for  protection.  If  the  people  in  the  country 
districts  want  the  proper  kind  of  protection 
against  the  tramp,  the  poacher,  the  horse 
thief,  the  burglar,  the  ravisher  of  women  and 
the  murderer,  they  should  have  a  well  or- 
ganized force  such  as  I  have  on  the  Great 
9 


.TION 


Catskill  Aqueduct,  100  miles  in  length.  We 
are  peace  officers  of  the  several  counties 
through  which  the  aqueduct  runs.  A  State 
police  force  could  be  given  more  latitude, 
could  be  given  a  roving  commission  and 
perform  the  duties  of  police  officers  in  all 
parts  of  the  State.  My  men  have  arrested 
3,950  persons  guilty  of  misdemeanors  and 
751  persons  guilty  of  felonies.  Convictions 
have  been  secured  in  3,785  cases." 


The  Chamber  of  Commerce  of  the  State  of 
New  York: 

"Whereas,  A  State  police  would  not  only 
*to  a  great  extent  relieve  the  National 
Guard  and  Naval  Militia  from  guarding 
property  in  cases  of  strikes  and  other  labor 
troubles,  but  would  also  more  effectively 
protect  the  public,  particularly  in  the  rural 
districts,  and 

"Whereas,  The  State  police  established 
in  Pennsylvania  has  been  of  great  benefit  to 
the  public ;  and 

"Whereas,  A  committee  of  representa- 
tive citizens  has  been  organized  to  study  the 
question  from  the  standpoint  of  the  citizens 
of  this  State;  therefore,  be  it 

"Resolved,  That  the  Chamber  of  Com- 
merce of  the  State  of  New  York  strongly 
endorses  the  principle  of  a  State  police  and 
authorizes  the  Executive  Cf)mmittee  to  take 
such  measures  as  it  may  deem  proper  to 
promote  its  establishment  in  this  State." 


Arthur  P.  Rose.  Ex-Mayor  of  Geneva. 
N.  Y. :  "I  am  heartily  in  favor  of  the  move- 
ment for  the  establishment  of  a  force  of 
mounted  police  in  this  State  and  shalj  be 
glad  to  do  anything  in  my  power  to  fur- 
ther it." 

to 


"J.  Mayhew  Wainwright,  Ex-Senator :  "I  — 
would  like  to  see  New  York  State  have  z 
police  force  similar  to  that  of  Pennsylvania's 

mounted  police  if  for  no  other  reason  than  ^  -.  ^  _-^ 

because     I     believe     the     National     Guard  /\iN  U 

should  be  relieved  of  the  incubus  of  strike  -i   /i  -v  t  r-» 

duty."  sANE 

Prof.  Henry  Fairfield  Osborn  :     "I  am  in  I  ii\ 

hearty  sympathy  with  this  movement  for  a 
State-wide  police  force." 


Clark  Bell  President  of  the  Medico-Legal 
Society :  "I  am  quite  in  sympathy  with  your 
movement.  In  the  rural  districts  of  the 
State  there  is  no  present  protection  against 
criminals  and  lawless  acts."  .D. 


Col.  George  R.  Dyer:  "I  feel  strongly  on 
the  subject  of  a  mounted  constabulary  for 
the  State  of  New  York.  I  am  sure  you  can 
count  on  even-  resident  of  Long  Island  to 
back  you  up  on  this  proposition." 


Robert  W.  DeForest:  "I  am  familiar 
with  the  effective  service  given  the  rural 
communities  of  Pennsylvania  by  its  State 
Constabulary.  I  think  our  .New  York  rural 
communities  imperatively  need  the  same 
kind  of  protection." 


W.  Austin  Wadsworth,  President  Boone 
and  Crockett  Qub :  "Personally  and  as  presi- 
dent of  this  club  I  am  entirely  in  sympathy 
with  the  movement." 


The  Merchants'  Association  of  New 
York: 

"Whereas,  The  growth  of  population 
throughout  the  State  is  producing  a  police 

n 


.TION 


problem  of  constantly  increasing  complex- 
ity, and 

"Whereas,  The  local  police  authorities, 
particularly  in  the  rural  districts,  are  often- 
times inadequate  to  met  the  growing  ne- 
cessities of  police  protection,  and 

"Whereas,  The  State  Militia  is  organized 
primarily  for  military  duties  and  is  not 
trained  specifically  for  the  radically  differ- 
ent work  of  police  protection,  and 

"Whereas,  The  use  of  Militia  for  police 
protection  is  therefore  less  satisfactory  and 
probably  more  expensive  than  the  employ- 
ment of  a  technically  trained  constabulary. 
and 

"Whereas,  The  operations  of  such  a  con- 
stabulary in  the  State  of  Pennsylvania  have 
demonstrated  its  great  usefulness  and  econ- 
omy, now,  therefore,  be  it 

"Resolved,  That  the  Merchants'  Associa- 
tion of  New  York  endorses  the  principle  of 
a  State  Constabulary  in  the  State  of  New 
York  similar  to  that  so  successfully  em- 
ployed 'by  the  State  of  Pennsylvania,  and 
urges  upon  the  Legislature  the  immediate 
enactment  of  the  laws  necessary  to  estab- 
lish such  a  force  at  the  earliest  practicable 
date.' " 


Some  Examples  of  the  Work  of  the 

Pennsylvania  State  Police  Taken 

From  the  Official  Records : 

CRUELTY  TO  ANIMALS. 


Dec.  21,  1912. — Members  of  the  Susque- 
hanna sub-station  Troop  "B"  received  com- 
plaint from  Chief  of  Police  McMahon  of 
that  place,  relative  to  Park  Grace  and  M.  B 
Grace,  who  had  been  away  from  home  for 
several  days  on  a  spree,  and  had  left  no  one 
12 


to  care  for  their  stock.  Sergeant  Smith 
and  Private  Ammon  found  the  Grace  broth- 
ers drunk  in  Susquehanna.  Their  fifteen 
head  of  cattle  and  two  horses  had  not  been 
fed  for  two  days. 

The  stock  received  necessary  care,  the 
Grace  brothers  were  arrested,  charged  with 
cruelty  to  animals  and  held  for  court. 


ARSON. 


J 


AND 

5ANE 
[lA 


Dec.  23,  1912.— At  the  request  of  District 
Attorney  Strauss,  of  Northumberland 
County,  Corporal  Charles  Culver  of  Troop 
"B"  was  sent  to  investigate  the  burning 
of  barn  of  W.  A.  Hoffman,  R.  F.  D. 
No.  7,  Muncy,  Pa.,  learning  from  Mr.  Hoff- 
man that  the  fire  occurred  at  midnight,  Nov. 
21st,  and  that  a  large  number  of  cattle  and 
live  stock  had  been  burned,  loss  being  about 
$4,000,  and  that  no  one  had  been  in  the 
barn  since  8  P.  M. 

Evidence  pointed  to  arson  and  Mr.  Hoff- 
man suspected  Daniel  Fague,  whose  ill  will 
he  had  incurred  on  account  of  trouble  in  the 
rental  of  property  and  subsequent  diffi- 
culties. 

After  the  fire  Fague  returned  to  Muncy 
and  made  statements  incriminating  himself. 
Fague's  twelve-year-old  son,  attending 
school  at  Pine  Run,  said  that  his  father  had 
burned  Hoffman's  farm.  Warrant  was  is- 
sued and  Fague  arrested,  and  held  for  trial 
at  Sunbury. 


ROBBERIES. 

January  3,  1912. — During  the  latter  part 
of  December,  1911,  and  January,  1912,  nu- 
merous robberies  occurred  in  the  vicinity  of 
f3 


.D. 


.TION 


Pottsville.  Houses,  barns  and  stables  were 
robbed,  and  boat  houses  at  Tumbling  Run. 
located  several  miles  from  town,  were  brok- 
en into  and  property  that  could  not  be  car- 
ried off  was  maliciously  destroyed.  Com- 
plaints from  numerous  people  in  this  local- 
ity were  received  and  men  on  patrol  were 
instructed  to  pay  particular  attention  to 
suspicious  characters  loitering  in  the  vicin- 
ity. From  the  manner  in  which  the  places 
were  entered  and  by  marks  left  by  the  per- 
petrators, it  was  decided  that  two  or  three 
men  were  guilty  of  all  the  robberies.  By 
careful  watch  of  all  suspects,  the  case  nar- 
rowed down  to  two  men,  Fred  and  Frank 
Holtzer,  who  becoming  suspicious  suddenly 
left  the  vicinity. 

On  January  3rd,  information  was  received 
that  these  two  men  had  returned  and  Pri- 
vates Markey,  Campbell  and  Rhodes  of 
Troop  "C"  were  detailed  to  apprehend 
them.  Late  at  night  these  men  were  located 
in  a  barn  at  Port  Carbon  and  placed  under 
arrest. 

The  following  day  they  had  a  hearing  be- 
fore Justice  of  the  Peace  Freiler,  of  Potts- 
ville, and  were  held  without  bail  for  court 
on  charge  of  robbery,  housebreaking,  ma- 
licious mischief  and  carrying  concealed 
deadly  weapons. 

Defendants  were  committed  to  jail  and 
after  a  few  days  both  pleaded  guilty  to  all 
charges  and  were  sentenced  to  eight  years 
in  Eastern  Penitentiary. 

BLACK  HAND. 


April  25,  1912. — The  commanding  officer 

of  Troop  "A"  was  advised  by  U.  S.  Post 

Office  Inspector  Craighead,  of  Pittsburgh. 

that  an  Italian  banker,  named  Vincenzo  De- 

U 


roma,  of  Coraopolis,  had  received  a  number 
of  "black  hand"  letters  and  was  so  worried 
that  he  intended  to  pay  the  sums  demanded. 
Privates  Sturm  and  Ames  of  Troop  "A" 
were  detailed  on  the  case  and  a  trap  was 
laid,  which  resulted  in  the  arrest  of  Antonio 
Niccolo  and  Pasquale  Christiana,  who  were 
convicted  in  the  Federal  Courts  and  sen- 
tenced to  pay  a  fine  of  $500  each  and  to 
serve  two  years  in  the  Federal  Prison  at 
Leavenworth,  Kansas. 


THE  AUSTIN  CATASTROPHE. 

Oct.  1.  1911. — By  direction  of  Superin- 
tendent Groome,  Captain  Robinson,  Lieu- 
tenant Marsh  and  twenty-nine  enlisted  men 
of  Troop  "B"  were  sent  by  special  train  to 
Austin,  for  duty  incident  to  bursting  of  dam 
and  the  flooding  of  the  town.  September 
30th.  Upon  their  arrival  at  Austin,  Troop 
"B"  detail  was  joined  by  Lieutenant  Mair 
and  twenty  men  of  Troop  "C,"  Pottsville. 
Later  in  the  week  this  number  was  aug- 
mented by  the  addition  of  ten  mounted  men 
from  Troop  "D,"  Butler,  under  command 
of  Sergeant  Mullen.  Captain  Robinson  in 
command  of  detail.  Upon  arrival  at  Austin, 
Captain  Robinson  and  Lieutenants  Marsh 
and  Mair  were  given  entire  charge  of  the 
police  work. 

From  October  1st  to  15th  the  State  Police 
had  entire  charge  of  the  field  mess,  in  addi- 
tion to  policing  Austin  and  the  surrounding 
country,  and  fed  daily  from  600  to  1,400  men 
each  meal,  assigned  by  the  Adjutant-Gener- 
al's men  from  the  field. 

Orders  were  issued   upon   arrival   of  the 

State   Police   at   Austin   that  all   recovered 

property,  bodies  of  victims,  etc.,  were  to  be 

turned  over  to  the  troopers  for  removal  to 

IS 


.D. 


iTION 


proper  officials;  property  to  the  Austin  Re- 
lief Association  and  bodies  to  the  morgue 
established  by  Commissioner  of  Health,  Dr. 
Dixon. 

All  sightseers  and  known  suspicious  char- 
acters were  at  once  driven  out  of  the  val- 
ley. During  the  tour  fifteen  arrests  were 
made  for  looting,  six  prisoners  were  re- 
leased upon  condition  that  they  leave  the 
town  at  once,  and  nine  were  sent  to  the 
county  jail  at  Coudersport  for  trial,  five  of 
whom  were  convicted  and  four  released  by 
the  court. 

During  this  entire  tour  of  duty,  the  State 
Police  worked  in  reliefs  night  and  day, 
guarding  property,  preventing  looting  by 
the  1,500  laborers,  mostly  foreigners,  who 
.  had  been  employed  to  remove  wreckage  and 
assist  in  recovering  bodies,  feeding  the 
workmen  and  flood  sufferers,  etc.  In  this 
disaster  seventy-seven  persons  lost  their 
lives.  Of  this  number  sevent,y-three  bodies 
were  recovered. 

On  October  15th,  members  of  Troop  "B" 
and  "C"  returned  to  their  respective  bar- 
racks, leaving  ten  members  of  Troop  "D" 
on  duty  at  Austin.  Detail  of  Troop  "D" 
returned  to  their  barracks  October  31st. 

PROTECTING  WOMEN. 

Sept.  9,  1911. — Complaint  was  received 
from  O.  H.  Leh,  of  Lehigh  County,  that  his 
daughter  and  other  ladies  had  been  grossly 
insulted  by  two  men  at  Harvey's  Lake. 
Troopers  Caroll  and  Stiles  of  Troop  "B" 
were  sent  there,  and  after  investigation  ar- 
rested Benjamin  Jones  and  Griflf  Thomas, 
who  were  taken  before  Squire  Norton,  Dal- 
las, and  fined  $25.00  each.      Fines  and  costs 


of  prosecution  were  paid  and  defendants  re- 
leased. 


HANDLING  A  FAIR  CROWD. 

Sept.  15,  1911. — Corporal  Kenney  and 
three  Privates  of  Troop  "D"  performed 
duty  at  the  Emporium,  Cameron  County 
Fair. 

A  crowd  of  fifteen  thousand  was  handled 
for  four  days  without  any  disorder  or  ar- 
rests. 


MURDER    OF   A    DEPUTY    SHERIFF.  .D. 

Feb.  17,  1911. — Privates  Swartz  and 
Ames,  of  Troop  "A,"  were  detailed  on  Dec. 
5th  to  investigate  the  murder  of  Djeputy 
Sheriff  George  Ridgeway,  at  Snydertown 
on  that  date.  After  an  extensive  investiga- 
tion and  careful  detective  work,  they  se- 
cured evidence  to  convince  them  that  the 
murder  had  been  committed  by  one  Tony 
Cich  Sini,  whom  they  finally  located  in  La 
Salle,  Illinois.  Requisition  papers  were  se- 
cured and  Private  Swartz  proceeded  to  La 
Salle,  arrested  Sini  and  returned  with  him 
to  Brandenville  on  February  17th.  Sini  was 
tried  and  sentenced  to  six  years  in  the 
Western  Penitentiary. 


POLLUTING  A  STREAM. 


AND 
iANE 
flA 


June  5,  1911,  Corporal  Jasper  Oftedahl,  of  TION 

the  Berwick  sub-station  of  Troop  "B,"  ac-  f 

companied  Fish  Warden  C.  R.  Holland  to 
Millville  and  assisted  him  in  inspecting  tan- 
nery and  running  of  acid  and  sawdust  into 
stream.  Arrested  Edward  and  Henry  Gree- 
J7 


I 


\y  for  throwing  sawdust  from  mills  into 
trout  stream.  Henry  Greely  was  fined  $100 
and  costs. 


RAPE,   LARCENY  AND  MURDER. 

Nov.  16,  1910.— About  7.00  P.  M.  report 
waa  received  that  a  murder  had  been  com- 
mitted at  Auchey's  Station,  Schuylkill 
County,  about  14  miles  from  Pottsville. 
Lieutenant  Mair,  of  Troop  "C,"  was  de- 
tailed to  make  an  investigation  of  the  case. 

He  learned  that  Mr.  Peter  Fauld's  wife 
had  been  attacked  by  a  farm  hand  named 
Frank  Mitchell,  and  that  her  mother  upon 
arriving  at  the  scene  tried  to  protect  her 
daughter,  but  was  immediately  killed  by  a 
shotgun  in  the  hands  of  Mitchell,  who  after- 
wards ravished  Mrs.  Fauld,  stole  some 
clothing  and  a  revolver,  $30.00  in  cash  and 
some  foreign  coins.  The  crime  was  discov- 
ered about  6  P.  M.  A  description  of  the  sus- 
pected party  was  secured,  and  men  were  at 
once  sent  to  cover  every  road  and  railroad 
leading  from  Aucheys.  Learning  that  a 
man  answering  the  description  was  seen 
walking  the  railroad  towards  Port  Clinton, 
Lieut.  Mair  telephoned  the  Philadelphia  & 
Reading  agent  at  that  place  and  found  a 
man  had  purchased  a  ticket  and  taken  a 
train  to  Reading.  Lieut.  Mair  telegraphed 
to  the  operator  at  Reading  and  had  Mitchell 
arrested  upon  his  arrival  by  two  Railroad 
police,  but  he  escaped.  Upon  arrival  at 
Reading  Lieut.  Mair  and  four  privates 
searched  the  city,  and  at  5 :30  A.  M.,  No- 
vember 18th,  found  him  at  the  City  Hotel. 
Reading. 

They  secured  a  confession  of  murder, 
rape  and  larceny  from  Mitchell  and  look 
him  before  Squire  Martin  of  Pottsville.  He 
IS 


was  tried,  fouud  guilty,  and  on  November 
25th,  was  sentenced  to  be  hanged. 


ASSAULT  UPON  A  PRIEST. 

June  29,  1910. — An  attack  having  been 
made  upon  Father  Paul  Walsh  at  Suterville. 
by  an  infuriated  crowd  of  some  two  hun- 
dred Italians,  Sergeant  Stout  and  four  men 
of  Troop  '"A"  were  detailed  to  Suterville, 
where  they  rescued  Father  Walsh,  quelled 
the  riot  and  made  twenty  arrests. 


LOST  IN  THE  MOUNTAINS. 

July  3,  1910.— Private  R.  E.  Tipton  and 
Private  J.  J.  Masko,  of  Troop  "B,"  were 
sent  to  Maltby  to  search  the  mountains  and 
mine  holes  in  that  vicinity  for  a  five  year 
old  boy,  John  Hudek,  who  got  lost  in  the 
mountains  on  July  2d.  Succeeded  in  finding 
the  child  and  returned  him  to  his  father. 


J 


AND 
5ANE 
flA 


.D. 


CONSPIRACY  AND  EXTORTION. 

August  14,  1908.— Private  R.  A.  Tipto« 
of  Troop  "B"  arrested  Alderman  M.  A.  Sul- 
livan of  Wilkes-Barre,  on  the  charge  of 
"Extortion,"  Constable  Patrick  McDonald 
on  the  charge  of  "Conspiracy  and  Extor- 
tion" and  James  Callahan  for  "Conspiracy." 
Alderman  Sullivan  and  Constable  McDon- 
ald were  tried,  convicted  and  sentenced  to 
a  term  of  imprisonment  in  the  Eastern  Pen- 
itentiary. These  arrests  and  convictions 
were  most  important,  for  although  the  un- 
lawful methods  of  these  two  county  officials 
were  well  known  in  the  vicinity  in  which 
they  lived,  owing  to  strong  political  influ- 
19 


.TION 


ence  the  local  authorities  had  been  unable 
to  obtain  convictions. 


FIRE  PROTECTION. 

Sept.  8,  1908.— At  the  request  of  the  Bur- 
gess of  Dayton,  Armstrong  County,  Sergt. 
Mullen  and  four  Privates  of  Troop  "D" 
were  sent  to  preserve  order  and  protect 
property  during  a  serious  fire  that  threat- 
ened to  destroy  the  town.  Order  was  main- 
tained and  the  foreign  element  was  prevent- 
ed from  lootingf  the  town. 


MINE  EXPLOSION. 

Nov.  28,  1908.— At  the  request  of  the  Dis- 
trict Attorney,  Sergeant  Jacobs  and  five 
Privates  of  Troop  "A"  were  sent  to  Mari- 
ana, Washington  County,  where  there  had 
been  a  serious  mine  explosion  in  which  154 
men  were  killed.  The  detail  was  continu- 
ously on  duty  for  32  hours  handling  the 
crowds  at  the  mines  and  maintaining  order 
during  the  work  of  recovering  the  bodies. 


LARCENY. 


Jan.  11,  1909. — Privates  Casner  and  Hol- 
lingsworth,  of  Troop  "C,"  attempted  to 
serve  a  warrant  for  larceny  on  one  Jacob 
Schell,  who  lived  at  Annville.  This  man 
eluded  the  officers  and  entering  his  home 
secured  a  shotgun  and  two  revolvers  and  es- 
caped to  the  hills  back  of  the  town.  The 
officers  in  an  attempt  to  capture  him  were 
fired  upon,  and  Private  Hollingsworth  re- 
ceived buckshot  in  his  legs  and  face.  The 
20 


Captain  of  Troop  "C"  was  notified  and 
Lieutenant  Marsh  and  Privates  Hallisey 
and  Constantini  were  sent  to  assist  Private 
Casner.  After  a  pursuit  of  two  days  from 
town  to  town  and  across  country,  Schell 
was  captured  and  was  afterwards  tried  for 
larceny  and  assault  and  battery  with  intent 
to  kill,  found  guilty  and  sentenced  to  seven 
years  in  the  Eastern  Penitentiary. 


QUARANTINE. 

March  18,  1909. — Privates  Florentine  and 
Lindsey,  of  Troop  "D,"  were  sent  to  Dagus 
Mines,  Elk  County,  to  assist  the  Agents  of 
the  State  Department  of  Health  in  main- 
taining a  scarlet  fever  quarantine  among 
the  Italian  residents  of  that  district. 


Pand 

iANE 
[lA 


.D. 


ILLEGAL  HUNTING. 

Nov.  16,  1909,  Game  Warden  James  Mc- 
Donald appealed  to  the  detachment  at  Bur- 
gettstown,  of  Troop  "A,"  to  help  in  arrest- 
ing unnaturalized  Italians,  who  were  hunt- 
ing in  the  vicinity  of  Midland,  Beaver  Coun- 
ty. They  were  reported  as  a  desperate  lot. 
and  had  defied  the  local  officers,  who  were 
afraid  to  interfere  with  them.  Privates  Fee- 
ly  and  Dutton  secured  search  warrants  and 
while  executing  them  met  with  great  resist- 
ance; one  of  the  gang,  Vincene  Miglione. 
made  a  daring  attempt  to  shoot  Private 
Dutton,  while  he  was  searching  one  of  the 
houses.  The  prompt  work  of  Private  Feely. 
who  knocked  Miglione  down  as  he  was  in 
the  act  of  raising  the  hammer  of  a  shotgun, 
was  all  that  prevented  Private  Dutton  from 
being  killed.  Five  of  the  gang  were  arrest- 
2S 


.TION 


ed  and  three  shotguns  and  one  nfie  taken 
from  them.  Miglione  and  Tony  Miller 
were  held  for  February  term  of  court. 


CHESTER  RIOTS. 


April  13,  1908. — Lieutenant  Feuerstein 
and  a  detail  of  16  mounted  men  of  Troop 
"C"  were  sent  to  the  city  of  Chester  at  the 
request  of  the  Chief  of  Police  to  help  main- 
tain order  and  protect  property.  There 
was  a  strike  of  the  conductors  and  motor- 
men  of  the  Chester  Traction  Co.  and  the 
local  authorities  were  unable  to  handle  the 
crowd  or  to  protect  property.  This  detail 
upon  its  arrival  in  Chester  succeeded,  witJi 
the  use  of  its  clubs,  in  clearing  away  a  mob 
of  about  1,500  men  that  collected  in  the 
streets  surrounding  the  trolley  car  barn,  but 
while  so  doing  was  stoned  and  hooted  by 
the  crowd,  the  local  police  taking  sides  with 
the  mob.  Being  assured  by  the  Chief  of 
Police  that  the  local  police  could  handle  the 
situation  Lieutenant  Feuerstein  and  his  de- 
tail were  ordered  to  return  to  their  bar- 
racks. As  soon  as  the  State  Police  were 
withdrawn,  rioting  again  started  and  during 
the  14th,  15th  and  16th  of  April  the  town 
was  practically  in  the  hands  of  the  mob. 

On  April  16th  the  Governor  received  a 
telegram,  signed  by  the  Mayor,  the  Chief  of 
Police  and  the  Sheriff  of  the  county,  saying 
"The  strikers  have  overcome  the  local  force 
in  open  conflict,"  and  asking  that  a  detail  of 
"certainly  not  less  than  one  hundred  and 
fifty  men  of  the  State  Police  force  be  sent 
to  Chester  immediately  " 

22 


upon  receipt  of  this  telegram  the  Gov- 
ernor instructed  the  Superintendent  to  send 
an  adequate  force  to  Chester. 

April  17th,  early  in  the  morning,  a  squad- 
ron of  8  officers  and  135  men  was  formed 
and  marched  into  Chester  and  halted  at  the 
City  Hall. 

At  the  Mayor's  office  a  conference  was 
held  by  the  Mayor,  Chief  of  Police,  the 
Traction  officials  and  the  Superintendent 
and  Deputy  of  State  Police.  The  Mayor 
stated  that  he  was  unable  to  maintain  order 
and  ordered  the  Chief  of  Police  to  co-oper- 
ate with  the  State  Police  and  to  obey  all  or- 
ders given  him  by  the  Superintendent. 

During  the  six  weeks  the  force  was  in 
Chester,  law  and  order  was  maintained,  not- 
withstanding the  encouragement  given  to 
the  disorderly  element  by  the  authorities 
and  citizens  of  Chester.  Several  of  the  force 
were  injured,  one  by  a  gunshot  fired  by  a 
sympathizer  of  the  strikers,  and  many  ar- 
rests were  made. 

The  squadron  having  been  on  constant 
duty  for  over  two  weeks,  and  having  re- 
stored order  in  Chester,  two  troops  were 
considered  sufficient  to  maintain  order,  and 
a  detail  from  Troop  "C"  was  ordered  to  re- 
turn to  its  barracks  on  April  25th,  and  oh 
April  28th  the  detail  from  Troop  "D"  was 
ordered  to  return  to  its  barracks. 

After  the  departure  from  Chester  of  de- 
tails from  Troop  "C"  and  "D"  there  was, 
more  or  less  rioting  and  destruction  of 
property  in  the  outlying  districts,  as  it  was 
impossible  to  patrol  the  entire  length  of  the 
trolley  system,  but  by  May  25th  the  condi- 
tion of  affairs  was  such  that  even  the  local 
police  could  handle  the  situation,  and  details 
from  Troops  "A'  and  "B"  were  ordered  to 
return  to  their  barracks. 
23 


AND 

»ANE 
flA 


.TION 


If  you  are  in  favor  of  this  move- 
ment to  give  New  York  State  police 
protection,  write  to  the  Secretary  of 
the  Committee  for  a  State  Police, 
20  Vesey  Street,  New  ^York;  and 
urge  your  legislators  to  work  for  the 
proposed  law. 


24 


AND 

SANE 
4IA 


I.D. 


\TION 


The  Committee  for  a 
State  Police 

7  East  42d  Street,  Annex 
New  York 

Executive  Committee 


Richard  Warren 
Frederick  H.  Allen 
Robert  L.  Bacon 
Hiram  Barney 
Frank  R.  Chambers 
Frederick  R.  Coudert 
W.  Newton  Giles 
Edwin  O.  Holter 
Benjamin  B,  Lawrrence 
William  C.  Le  Gendre 
Tompkins  Mcllvaine 


Barrett,  Chairman 
Henry  Marquand 
Miss  Katherine  Mayo 
Edwin  G.  Merrill 
Lewis  Rutherford  Morris 
Miss  M.  Moyca  Newell 
Theodore  Douglas  Robinson 
William  Jay  Schieffelin 
Walbridge  S.  Taft 
Oswald  G.  ViUard 
Charles  Elliot  Warren 


TM«  PaiVTAa   PBINTINO  CO. 

41-44    BOND    STRKT 

NKW    YORK 


THE  TREATMENT  AND 

CARE  OF  THE  INSANE 

IN  PENNSYLVANIA 


BY 

C.  FLOYD  HAVILAND,  M.D. 


PUBLISHED  BY 

THE  PUBLIC  CHARITIES  ASSOCIATION 

OF  PENNSYLVANIA 

Empire  Building,  Philadelphia 

1915 


Publication  No.  15 


THE  TREATMENT  AND 

CARE    OF   THE   INSANE 

IN  PENNSYLVANIA 


BEING 

THE  REPORT  OF  A  SURVEY  OF  ALL  THE 

INSTITUTIONS  IN  PENNSYLVANIA  CARING 

FOR  THE  INSANE 


MADE  FOR 

THE  PUBLIC  CHARITIES  ASSOCIATION 
OF  PENNSYLVANIA 

BY 
C.  FLOYD  HAVILAND,  M.D. 


DURING 

THE  SIX  MONTHS  FROM 

JUNE  1  TO  DECEMBER  1 

1914 


PUBLICATION  No.  15 


PUBLISHED  BY 

THE  PUBLIC  CHARITIES  ASSOCIATION 

OF  PENNSYLVANIA 

Empire  Building,  Philadelphia 

1915 


Table  of  Contents 

PACE 

Introduction,  by  Charles  H.  Frazier,  M.D 4 

Resolution  Adopted  by  Pennsylvania  State  Board  of  Charities  in 

1870 6 

Author's  Introductory  Statement 7 

Municipal  Institutions  for  the  Insane 14 

Summary  of  Municipal  Institutions 20 

Licensed  County  Institutions  for  the  Insane 22 

General  Considerations  of  Licensed  County  Institutions 68 

Unlicensed  Almshouses  Caring  for  the  Insane 69 

Summary  of  Unlicensed  Almshouses 80 

General  Summary 81 

Relative  Merits  of  State  and  County  Care 82 


Introduction 

There  are  more  than  eighteen  thousand  indigent  insane  in 
Pennsylvania.  Less  than  eleven  thousand  of  these  unfortunates 
are  cared  for  in  State  Hospitals.  Yet  these  State  Hospitals 
"afford  practically  the  only  opportunity  in  the  State  of  Pennsyl- 
vania for  a  public  mental  case  to  receive  active  medical  treatment 
directed  to  the  alleviation  or  cure  of  mental  disease." 

In  so  many  of  the  local  hospitals  and  almshouses  the  insane 
are  accorded  precisely  the  opposite  of  the  remedial  treatment 
which  they  should  receive.  Instead  of  care  they  are  neglected. 
Instead  of  wholesome  and  varied  food  they  receive  ill  prepared 
and  unfit  diet,  and  often  very  scanty  at  that.  Instead  of  the  full 
view  of  the  sky  they  have  the  board  fence,  or  worse,  surrounding 
the  Exercise  Yard.  Instead  of  freedom  they  have  the  hand-cuff 
or  the  strait-jacket.  No  class  of  persons,  sick  or  well,  more 
need  regulated  occupation  and  exercise  and  open  air  work,  such 
as  farm  work  and  plenty  of  room,  than  the  insane. 

They  need  all  that  well  people  need  to  keep  them  well,  plus  the 
best  medical  care  and  treatment.  Locked  up,  out  of  sight,  neg- 
lected, forgotten,  their  misery  cannot  be  told.  The  strongest  in 
physical  health  and  mental  vigor  would  break  down  if  subjected 
to  the  treatment  which  several  thousand  of  our  insane  fellows  in 
the  State  of  Pennsylvania  continue  to  suffer  needlessly. 

As  long  ago  as  1870  the  late  Mr.  George  L.  Harrison,  then 
President  of  the  State  Board  of  Charities,  advocated  the  "estab- 
lishment by  the  State,  within  a  reasonable  time,  of  sufficient 
accommodation  for  the  maintenance  and  treatment  of  all  the 
insane  who  may  not  be  cared  for  in  private  hospitals." 

Forty-four  years  later  Mr.  Harrison's  son,  Mr.  Charles  Custis 
Harrison,  by  his  generosity  made  it  possible  for  The  Public  Chari- 
ties Association  of  Pennsylvania  to  employ  Dr.  C.  Floyd  Havi- 
land,  of  the  Kings  Park  State  Hospital,  Kings  Park,  Long  Island, 

Ul 


New  York,  to  make  a  six  months'  study  of  all  the  institutions  in 
Pennsylvania  caring  for  the  insane. 

The  following  pages  contain  a  summarized  report  of  Dr. 
Haviland's  survey. 

This  report  demonstrates  beyond  peradventure  that  to-day, 
as  in  1870,  the  most  advanced  step  possible  on  behalf  of  the  in- 
digent insane  in  Pennsylvania  is  the  adoption  of  a  plan  by  which 
the  State  shall  support  and  care  for  all  its  dependent  insane  in 
institutions  owned  and  controlled  by  it.  Anything  short  of  this 
is  a  mere  make-shift. 

Is  not  a  period  of  forty  and  more  years  a  long  enough  time  for 
discussion?     If  so,  has  not  the  time  now  come  for  action? 

Charles  H.  Frazier,  M.D., 

President 
The  Public  Charities  Association 
of  Pennsylvania. 
April  p,  I  pis. 


[5] 


Resolution  Adopted 
by 

Pennsylvania  State  Board  of 
Public  Charities  in  1870 


Hon.  George  L.  Harrison,  President 


Resolved,  That  the  Board  of  Public  Charities,  having 
witnessed  the  evils  which  result  from  connection  of 
insane  asylums  with  almshouses,  and  believing  that  a 
wrong  is  done  to  the  insane  by  classing  them  with 
paupers,  hindering  the  public  from  estimating  aright 
their  claims  to  sympathy  and  remedial  treatment,  dis- 
approve of  such  an  alliance,  and  believe  that  the  best 
interest  of  this  afiflicted  class  of  people  and  the  duty 
of  the  State  concur  in  the  establishment  by  the  State, 
within  a  reasonable  time,  of  sufficient  accommodation 
for  the  maintenance  and  treatment  of  all  the  insane 
who  may  not  be  cared  for  in  private  hospitals. 

Resolved,  That,  in  the  judgment  of  the  Board,  all  super- 
intendents of  hospitals  for  the  insane  should  be  mem- 
bers of  the  medical  profession. 


THE   TREATMENT   AND    CARE  OF  THE    IN- 
SANE IN   PENNSYLVANIA 

BEING  THE  REPORT  OF  A  SURVEY  OF  ALL  THE  INSTITU- 
TIONS IN  PENNSYLVANIA  CARING  FOR  THE  INSANE, 
MADE  TO  THE  MEMBERS  OF  THE  COMMITTEE  ON  MEN- 
TAL HYGIENE,  OF  THE  PUBLIC  CHARITIES  ASSOCIATION 
OF  PENNSYLVANIA 

GENTLEMEN:  In  accordance  with  the  plan  outlined  by 
you,  and  with  the  sanction  of  the  Committee  on  Lunacy 
of  the  Pennsylvania  State  Board  of  Public  Charities,  I  have  com- 
pleted a  survey  of  the  State,  as  regards  the  conditions  attending 
the  care  of  the  insane  and  defectives,  so  far  as  they  are  confined 
in  public  institutions. 

It  is  unfortunate  that  there  is  little  opportunity  for  the  public 
to  learn  about  such  conditions  and  hence  public  interest  is  apt 
to  be  limited.  The  importance,  however,  of  properly  dealing 
with  the  insane  can  scarcely  be  overestimated.  The  modern 
conception  of  mental  disease,  as  a  condition  resulting  in  defective 
social  adjustment,  renders  it  easier  to  understand  the  intimate 
relationship  existing  between  abnormal  mental  states  and  such 
social  evils  as  vagrancy,  intemperance,  immorality,  crime,  etc. 
Such  relationship  is  now  indisputable,  and  it  reveals  the  necessity 
of  adequately  dealing  with  the  problem  of  the  insane,  not  as  an 
academic  question  but  as  a  practical  issue  involving  numerous 
social  ills  directly  and  indirectly  dependent  upon  mental  dis- 
orders. To  successfully  combat  such  ills  mental  disease  itself 
must  be  first  successfully  combated.  It  is  far  more  than  a  ques- 
tion of  mere  custodial  care  for  the  insane ;  what  is  needed  is  that 
every  known  means  be  provided  for  the  treatment  and  especially 
for  the  prevention  of  insanity. 

Mental  disease  not  only  vitally  affects  society  as  a  whole  but 
either  directly  or  indirectly  it  affects  every  individual  member  of 

[7] 


the  community.  The  proper  care  and  treatment  of  even  the 
dependent  insane  should,  therefore,  be  regarded  as  a  community 
investment,  a  matter  of  self-preservation  rather  than  as  a  charity. 
The  monetary  cost  of  the  social  evils  which  depend  in  a  large 
measure  upon  mental  disease  is  far  greater  than  the  cost  of 
adequately  treating  insanity  and  thus  to  a  great  extent  removing 
one  of  the  fundamental  causes  of  such  evils.  In  so  far  as  insane 
patients  fail  of  recovery,  through  a  lack  of  proper  care  and  treat- 
ment, just  so  far  does  such  lack  mean  unnecessary  economic  loss. 
Charity  implies  giving  without  thought  of  return,  but  proper 
facilities  for  the  insane  imply  large  returns  not  only  in  human 
happiness  but  in  economic  advantage  and,  therefore,  an  insane 
patient  receiving  treatment  in  a  public  institution  should  be  con- 
sidered no  more  a  recipient  of  charity  than  is  the  farmer  hauling 
his  produce  to  market  over  a  State  road.  In  each  instance  the 
individual  receives  a  direct  benefit  from  a  public  utility,  but 
society's  gain  is  no  less  real  because  indirect.  Proper  treatment 
of  the  insane  is  merely  a  form  of  social  insurance. 

No  system  of  care  for  the  insane  can  be  permanently  successful 
without  a  sustaining  public  opinion,  and  no  method  of  moulding 
public  opinion  is  equal  to  the  presentation  of  facts;  hence  in 
making  the  survey  every  effort  was  made  to  insure  such  a  state- 
ment as  would  bear  internal  evidence  of  an  impartial,  unpreju- 
diced attitude  in  collecting  data  and  of  the  truth  of  every  fact 
stated.  If  any  change  in  existing  conditions  is  needed  facts 
alone  should  be  used  to  determine  the  direction  of  such  change. 

With  the  kindly  assistance  of  Mr.  Bromley  Wharton,  General 
Agent  and  Secretary  of  the  State  Board  of  Public  Charities,  and 
Dr.  Frank  Woodbury,  Secretary  of  the  Committee  on  Lunacy, 
of  such  Board,  a  list  was  prepared  of  all  public  institutions  in 
the  State  known  to  care  for  the  insane,  classifying  them  as  to 
type ;  it  was  thus  shown  there  are  8  State  hospitals,  19  County,  or 
Poor  District,  hospitals,  and  4  Municipal  hospitals,  while  in  11 
almshouses  insane  persons  are  kept  for  a  greater  or  lesser  period, 
3  of  the  almshouses  maintaining  distinct  insane  departments, 
although  unlicensed  to  do  so.  With  such  widely  varying  types 
of  institutions  a  brief  sketch  of  the  manner  in  which  the  care  of 
the  insane  has  developed  in  Pennsylvania  may  serve  to  render 
more  intelligible  the  present  situation. 

Originally  the  insane  who  had  become  dependent,  by  reason  of 

[81 


their  infirmity  or  otherwise,  were  cared  for  by  poor  districts  in 
the  almshouses,  together  with  all  other  dependent  persons,  sick 
or  well,  thus  following  the  early  English  custom.  The  concep- 
tion of  insanity  as  a  sickness  had  not  then  become  prevalent  and 
it  was  not  until  the  notable  memorial  was  presented  to  the  State 
Assembly  in  1845,  by  Dorothea  Dix,  that  the  community  awoke 
to  a  realization  of  the  need  for  a  change.  Then  it  was  that  the 
State  first  took  official  action  regarding  the  insane,  who  were 
described,  in  the  memorial  mentioned,  as  being  housed  in  build- 
ings unfit  for  human  habitation  and  receiving  not  only  no  medical 
attention  but  only  custodial  care  of  the  crudest  sort.  In  an  effort 
to  correct  conditions  laws  were  passed  in  1845  ^"id  in  1848,  pro- 
viding for  the  first  State  institution  for  the  "Care  of  the  Insane 
of  this  Commonwealth,"  which  was  then  known  as  the  Pennsyl- 
vania State  Lunatic  Asylum,  at  Harrisburg.  The  counties  were 
granted  the  right  to  send  a  proportionate  number  of  their  insane 
to  it,  remaining  responsible,  however,  for  such  patients'  main- 
tenance,— the  State  providing  only  the  material  plant.  After 
some  years,  a  single  institution  proved  inadequate,  and  there 
followed  the  establishment,  in  1853,  of  the  semi-pubUc  institu- 
tion known  as  Dixmont,  located  near  Pittsburgh.  Within  a 
few  years  such  provisions  were  found  insufficient  and  there  was 
established  a  State  institution  for  the  insane,  in  1868,  at  Dan- 
ville, but,  even  with  such  added  accommodations,  a  large  num- 
ber of  the  insane  still  remained  in  almshouses,  and  we  find  in  the 
annual  report  of  the  State  Board  of  Public  Charities  for  1870 
reference  to  the  matter  as  follows : 


"More  especially  do  we  wish  to  denounce  the  cruel  wrongs 
which  the  insane  suffer  who  are  inmates  of  almshouses;  these 
institutions  are  generally  wholly  unsuited  for  their  care  or  even 
detention,  or,  if  suitable,  are  presided  over  by  persons  who  are 
entirely  ignorant  of  the  needs  of  this  class  of  the  sick  or  infirm, 
and  whose  administration  is  based  on  the  crudest  ideas  of  mental 
diseases.  *  *  *  Nq  hospital  for  the  insane  should  remain 
without  the  constant  supervision  of  a  medical  superintendent. 
The  stewards  of  almshouses  are  never  selected  from  any  con- 
sideration of  the  needs  of  the  insane." 


Accompanying  the  report  above  quoted  was  a  copy  of  the  reso- 
lutions which  follow  the  title-page  of  this  report. 

[9] 


In  1 87 1,  the  General  Agent  of  the  Board  of  Public  Charities 
reported,  with  regard  to  the  insane  in  almshouses,  as  follows: 

"Indeed,  without  a  total  revolution  of  the  system,  it  is  impos- 
sible to  greatly  improve  it.  There  may  be  great  faults  in  the 
management  of  these  poorhouses,  some  of  which  might  be  reme- 
died, and  others  are  probably  incapable  of  remedy,  but  the  great 
cause,  the  fundamental  cause  of  the  evil,  is  the  system  itself.  If 
the  administration  was  made  as  perfect  as  human  infirmities 
allow,  if  the  best  superintendents  or  wardens,  and  the  most  faith- 
ful attendants  were  secured,  while  the  evil  might  be  mitigated,  it 
would  remain  substantially  the  same  until  the  system  itself  is 
changed.     The  remedy  is  not  reform,  but  revolution." 

Again,  the  following  year,  in  1872,  Hon.  George  L.  Harrison, 
President  of  the  Board  of  Public  Charities,  reported  to  the 
Assembly,  in  reference  to  the  same  subject,  as  follows : 

"For,  at  the  best,  they  are  merely  confined  in  places  of  deten- 
tion, under  the  guardianship  of  a  respectable  overseer,  who  is 
wholly  ignorant  of  their  disease  and  of  the  means  necessary  for  its 
alleviation  or  its  cure.  We  say  at  the  best:  we  hesitate  to  de- 
scribe the  reverse  of  the  picture;  it  would  exhibit  a  scene  of  as 
cheerless  and  uncomforted  misery  as  the  most  bitter  misanthrope 
could  desire  to  look  upon.  *  *  *  xhe  victims  in  this  case 
are  a  class  of  defenseless  invalids,  whose  circumstances  appeal 
with  a  special  urgency  to  every  sense  of  humanity  and  justice. 

*  *  *  Houses  of  detention,  simply  as  such,  misrepresent 
the  real  demand  of  an  enlightened  public  mind  in  relation  to  all 
classes  of  unfortunates, — they  ignore  the  principle  of  the  dignity 
of  the  human  person,  which  should  govern  the  consideration  of 
these  classes.  This  discrimination  is  lost  where  the  thought  pre- 
vails that  the  chief  good  to  be  obtained  is  to  restrain — to  save  the 
public  in  some  sort  from  inconvenience,  or  damage,  or  depreda- 
tion. This  should  surely  be  looked  after  and  secured,  but  its 
complete  attainment  may  be  better  accomplished  by  considering 
at  the  same  time  the  duty  of  humanity  in  the  care  and  custody  of 
every  class  of  defectives.  There  are  noble  examples  and  expo- 
nents of  this  theory  in  this  age,  in  all  parts  of  the  civilized  world, 
and  nowhere  more  devoted  to  its  realization  than  in  our  own  coun- 
try, and  in  our  own  State,  and  we  believe  that  a  very  large  num- 
ber of  the  insane  in  this  Commonwealth  are  not  only  skillfully 
but  tenderly  treated.  But  this  is  not  so  in  many  of  the  county 
poorhouses;  they  have  neither  the  accommodations  nor  the 
medical  care  which  are  suited  to  their  wants.  *  *  *  There 
is  nothing  more  true  than  that  the  State  or  county  must  pay  for 
the  support  of  the  sufferers  during  life,  unless  suitable  provision 


for  care  and  treatment  induce  timely  restoration.  It  is  therefore 
no  more  than  the  common  wisdom  that  is  applied  to  the  ordinary 
business  of  life  to  take  such  measures  as  will  give  them  the  best 
opportunity  of  restoration  that  the  age  affords." 

It  is  remarkable  that  the  enlightened  words  above  quoted 
should  have  been  written  over  forty  years  ago,  when,  as  this  re- 
port will  show,  they  are  as  applicable  to-day,  so  far  as  almshouse 
care  of  the  insane  is  concerned,  as  they  were  when  written. 

Largely  due  to  the  wisdom  and  effort  of  the  State  Board  of 
Public  Charities,  the  situation  was  still  further  relieved  when 
there  was  established  another  State  institution  for  insane  at 
Warren,  in  1873,  ^^^  still  later  there  was  established  the  State 
Hospital  at  Norristown,  in  1876. 

But  the  number  of  the  insane  always  exceeded  the  accommoda- 
tions provided,  and  when,  in  1883,  a  law  was  passed  whereby  the 
State  took  half  the  burden  of  maintenance  and  made  mandatory 
the  removal  of  all  insane  to  the  State  hospitals,  overcrowding 
resulted  from  the  first.  With  the  passing  years,  it  finally  became 
a  physical  impossibility  to  house  all  the  insane  in  the  State  hos- 
pitals and,  in  an  effort  to  improve  conditions,  the  County  Care 
Act  of  1897  was  passed,  pro\ading  for  county  care.  However,  the 
State  agreed,  under  certain  conditions,  to  pay  Si. 75  per  capita, 
per  week,  for  each  patient  cared  for  in  a  county  institution.  The 
conditions  were  rigorous  requirements  as  to  accommodations  pro- 
vided and  treatment  given,  it  evidently  being  feared  that  the 
counties  would  not  provide  the  same  standard  of  care  as  obtained 
in  the  State  hospitals,  and,  as  a  matter  of  fact,  the  counties  found 
it  impossible  to  satisfy  all  such  requirements,  so  the  law  was 
amended,  rendering  the  requirements  less  exacting.  To  further 
assist  the  counties,  in  1899,  the  State  increased  the  weekly  per 
capita  allowance  from  $1.75  to  $2.00.  Thus  it  is  seen  that,  while 
the  State  has  never  assumed  the  full  burden  of  maintenance  of  the 
insane,  it  has  for  many  years  aided  the  counties  in  providing  for 
them,  so  that  what  now  exists  is  a  combined  county  and  State 
system, — the  counties  paying  a  part  of  the  maintenance  of  their 
patients  in  the  State  hospitals,  and  the  State  paying  a  per  capita 
allowance  for  all  patients  in  the  county  and  Poor  District  institu- 
tions. In  each  case  the  difference  between  the  amount  paid  and 
total  cost  of  maintenance  is  made  up  by  the  political  unit  main- 
taining the  institution,  although,  in  the  case  of  the  State  institu- 

[II] 


tions,  such  difference  must  not  exceed  $2.25  weekly  per  capita, 
the  State  maintenance  appropriation  for  these  institutions  being 
based  on  such  a  fixed  allowance.  Such  a  rate  contrasted  with 
the  $2.00  weekly  per  capita  allowance  to  county  and  Poor  Dis- 
trict institutions  appears  to  imply  a  recognition  by  the  State  of  a 
higher  standard  of  care  in  the  State  hospitals. 

The  existing  system  has  now  been  in  operation  for  a  sufficient 
length  of  time  to  warrant  conclusions  being  drawn  as  to  its  effi- 
ciency as  determined  by  actual  results,  and  it  is  to  such  end 
that  this  inquiry  has  been  directed. 

Aside  from  visits  to  the  31  public  institutions  for  the  insane, 
and  to  the  11  almshouses,  with  insane  inmates,  visits  were  also 
made  to  three  large  private  insane  hospitals,  and  to  three  State 
institutions  for  defectives,  but  this  report  will  be  confined  to  a 
statement  of  conditions  found  in  the  19  county  and  Poor  District 
hospitals,  4  municipal  hospitals,  and  the  11  almshouses  men- 
tioned, the  other  institutions  being  considered  in  supplementary 
reports  I  will  submit  to  your  committee.  However,  for  the  pur- 
pose of  comparison  with  other  types  of  institutions,  a  few  general 
statements  will  be  made  regarding  the  State  hospitals. 

It  was  found  that  the  combined  census  of  the  eight  State  hos- 
pitals in  Pennsylvania,  with  an  official  capacity  of  9,457  beds,  is 
10,474,  but  434  patients  were  found  on  parole  from  the  hospitals, 
and  the  actual  excess  of  patients  over  capacity  would  therefore 
be  583.  This  indicates  but  a  moderate  degree  of  overcrowding — 
but  there  are  but  few  instances,  either  in  State  hospitals  or 
other  institutions  for  the  insane,  of  capacities  having  been 
fixed  in  other  than  an  arbitrary  manner,  depending  upon  the 
exigencies  of  the  situation.  Hence  in  some  hospitals  there 
is  actual  overcrowding  which  is  not  indicated  by  the  official 
figures. 

The  State  hospitals  embrace  the  best  public  institutions  for  the 
care  of  the  insane  in  the  State,  although  facilities  and  standards 
of  care  vary  within  rather  wide  limits.  However,  as  will  be  later 
shown,  they  afford  practically  the  only  opportunity  in  the  State 
of  Pennsylvania  for  a  public  mental  case  to  receive  active  medical 
treatment  directed  to  the  alleviation  or  cure  of  mental  disease. 

In  all  the  State  hospitals  physical  conditions  are  fairly  satis- 
factory, and  in  some  instances  especially  so.  With  numerous 
buildings  it  is  possible  to  classify  patients,  buildings  with  special 


facilities  for  special  classes  being  found  in  most  of  these  institu- 
tions. There  are  infirmary  buildings  with  modern  surgical  oper- 
ating rooms,  buildings  for  the  tuberculous,  reception  buildings  for 
new  acute  cases,  convalescent  buildings,  buildings  for  the  dis- 
turbed, and  special  buildings  for  hydrotherapeutic  and  electro- 
therapeutic  treatment,  all  of  which  are  of  importance  in  success- 
fully treating  the  insane. 

In  the  main,  general  hygienic  conditions  are  excellent,  especially 
as  regards  the  provision  of  modern  sewage  disposal  plants. 
Proper  attention  is  generally  given  to  fire  protection,  and  for  the 
most  part  good  service  facilities  are  provided. 

It  is,  however,  in  the  actual  care  and  treatment  of  patients 
that  these  institutions  excel.  With  but  few  exceptions  food  and 
clothing  are  above  criticism,  while  special  attention  is  given  to  ex- 
ercise, recreation  and  occupation.  In  most  of  these  hospitals 
occupation  is  under  medical  direction  and,  being  regarded  only 
as  a  therapeutic  agent,  the  need  of  the  patient  is  paramount  to  the 
need  of  the  work.  In  several  hospitals  special  occupational  train- 
ing is  given  for  the  correction  of  faulty  habits,  and  intensive  per- 
sonal effort  is  made  to  awaken  dormant  interests. 

Most  of  the  hospitals  maintain  nurses'  training  schools,  and  in 
one  over  50  per  cent,  of  the  ward  employees  are  graduate  nurses. 
As  a  result  of  the  substitution  of  nursing  care  for  custodial  care, 
restraint  and  seclusion  have  been  greatly  reduced,  and  in  one 
hospital  entirely  abolished ;  in  another  hospital  restraint  has  been 
reduced  50  per  cent,  during  the  past  year,  and  in  still  another 
25  per  cent,  during  a  recent  period. 

In  some  of  the  hospitals  the  medical  work  is  especially  com- 
mendable. Clinical  and  pathological  laboratories  are  provided, 
and  that  the  latter  have  a  distinct  practical  value  is  shown  at  one 
State  hospital,  where  formerly  typhoid  fever  was  rife  every  year; 
however,  it  no  longer  occurs  since  general  immunization  by  anti- 
typhoid vaccine  has  been  adopted,  the  vaccine  being  prepared  in 
the  hospital  laboratory. 

In  discussing  the  institutions,  of  which  this  report  treats  in 
detail,  it  will,  unfortunately,  be  necessary  to  criticize  more  freely 
to  accurately  indicate  the  conditions  found  to  exist.  But  that  no 
local  authority  may  have  ground  for  just  complaint,  that  the 
comments  made  are  unjustly  discriminatory,  institutions  will  be 
mentioned   by   number   only.     Unfortunately,   however,    those 

[13] 


familiar  with  certain  institutions  will  doubtless  be  able  to  identify 
them,  owing  to  the  necessity  of  discussing  conditions  peculiar  to 
them  alone,  but  as  such  discussion  is  necessary  to  a  proper  under- 
standing of  general  conditions,  the  possibility  of  recognition  of 
identity  of  such  institutions  appears  unavoidable. 

Features  worthy  of  commendation  have  been  noted,  as  well  as 
those  deserving  of  condemnation,  that  a  true  balance  may  be 
reached,  and  from  the  facts  given  only  such  deductions  are  drawn 
as  are  justified  by  actual  conditions. 

As  it  was  found  impossible  to  obtain  accurate  statistics  for  all 
institutions  for  the  same  year,  or  the  same  date,  owing  to  the 
different  hospital  years  in  vogue,  and  also  owing  to  defective 
records,  all  statistical  data  has  been  taken  for  the  last  hospital 
year  available,  while,  as  also  representing  more  accurately  present 
conditions,  all  census  data  has  been  taken  as  of  date  of  visit  to  the 
respective  institutions.  Throughout  the  report  statistics  will  in- 
dicate census  as  the  total  number  on  the  institution  records,  but 
the  number  home  on  parole  will  also  be  indicated,  so  the  actual 
number  in  residence  is  the  difference  between  such  figures. 

INSTITUTIONS  FOR  THE   INSANE  MAINTAINED   BY 
MUNICIPALITIES,  NOS.  7-10 

General  Statistics. — 

Institution  No.  Capacity  Census  On  Parole 

7 1200  1804       24 

8 555  475 

9 650  724       18 

10 300  324       15 

Total 2705  3327  57 

While,  for  the  purpose  of  this  report.  No.  8  is  regarded  as  a 
separate  institution,  it  is  a  branch  of  No.  7,  but  located  at  a  dis- 
tance from  the  main  institution. 

Institution  No.  7 
Physical  Conditions. — The  ancient,  monasterial  structures  in 
which  this  hospital  is  housed  are  impossible.  They  form  part  of 
a  general  plant,  housing  also  an  almshouse  anil  a  general  hospital. 
Light  and  air  arc  deficient,  and  in  some  wards  the  day  space  is  so 
limited  that  benches  are  placed  in  rows  across  the  room  to  pro- 

I14I 


vide  sufficient  seating  accommodations.  The  basement  bath- 
rooms are  poorly  lighted  and  ventilated.  The  old,  unsanitary 
and  insufficient  toilet  facilities  are  now  being  replaced.  The 
service  departments  are  all  cramped  for  space.  The  fire  pro- 
tection could  be  improved,  several  iron  fire-escapes  having  wooden 
platforms.  Some  of  the  stone  stairways  are  enclosed  in  wooden 
towers  and  others  lead  to  the  cellar  only. 

Overcrowding  is  of  a  serious  degree.  In  some  places  beds  ac- 
tually touch.  One  ward  is  so  completely  filled  with  beds  that 
but  a  narrow  space  remains  between  them  and  the  four  side  walls 
for  day  space.  In  view  of  existing  conditions,  it  is  difficult  to 
understand  how  this  hospital  could  have  cared  for  several  hun- 
dred more  patients,  as  is  said  to  have  been  the  case  some  years 
ago.  To  accentuate  the  poor  housing  conditions,  there  is  but 
limited  space  for  outdoor  exercise  and  there  are  but  limited  facili- 
ties for  occupation.  On  occasion  of  visit  but  28  per  cent,  of  the 
patients  were  occupied  for  even  part  of  the  time. 

Despite  these  adverse  conditions,  the  housekeeping  is  excel- 
lent and  commendable  evidence  of  initiative  was  seen  in  the  use 
of  sanitary  bubbHng  drinking  fountains,  built  by  hospital  labor 
from  old  pipes. 

Administration. — The  medical  work  appears  fairly  efficient  and 
the  use  of  a  social  worker  as  an  "after-care"  agent  is  praise- 
worthy. There  is  a  large  number  of  patients  (an  average  of  77) 
either  restrained  or  secluded,  as  a  result  of  an  undue  proportion  of 
disturbed  patients  and  too  small  a  proportion  of  attendants. 
The  number  of  attendants  on  duty  on  day  of  visit  gave  a  propor- 
tion of  but  one  attendant  to  15  patients,  a  proportion  too  small, 
especially  in  view  of  existing  material  conditions.  The  small 
number  of  attendants  may  partly  account  for  an  apparent  failure 
to  use  hydrotherapeutic  facilities  to  capacity,  especially  the  con- 
tinuous baths. 

That  the  large  proportion  of  disturbed  patients  is  directly  due 
to  the  faulty  conditions  appears  evident  in  view  of  the  result  fol- 
lowing a  transfer  of  patients  to  one  of  the  State  hospitals  (No.  17). 
By  special  arrangement  a  large  number  of  disturbed  and  destruc- 
tive patients  were  included,  yet,  with  improved  housing  condi- 
tions and  much  outdoor  exercise,  the  majority  became  quiet 
within  a  few  months  and  not  a  few  became  industrious. 

The  adverse  conditions  must  also  be  held  accountable,  in  a 

[15] 


measure  at  least,  for  the  abnormally  high  death  rate  of  9.9  per 
cent,  based  on  the  total  number  of  patients  treated,  and  the  ab- 
normally low  recovery  rate  of  7.3  per  cent,  based  on  the  number 
of  persons  admitted. 

The  business  methods  here  in  vogue  are  defective ;  too  small  a 
stock  of  supplies  is  carried  ahead,  with  the  result,  for  example, 
that  some  months  ago  it  was  necessary  to  accept  shoes  said  to  be 
worth  at  least  a  dollar  less  than  the  sample  shoes  on  which  the 
contract  had  been  awarded.  The  situation  was  such  that  either 
the  patients  had  to  go  without  shoes  or  the  delivery  had  to  be 
accepted,  and  the  latter  course  was  followed. 

A  non-medical  superintendent  is  in  charge  of  this  hospital. 

All  the  patients  admitted  pass  through  a  psychopathic  ward, 
which  at  the  time  of  visit  was  most  crude  and  without  facilities, 
but  changes  have  since  been  effected,  improving  the  situation. 

Institution  No.  8 

Physical  Conditions. — This  is  in  a  rural  locality  and  somewhat 
difficult  of  access.  The  patients'  quarters  are  for  the  most  part 
in  converted  farmhouses,  which,  in  the  absence  of  equipment, 
furnish  rather  crude  accommodations,  but  permit  a  large  measure 
of  freedom,  with  excellent  opportunity  for  exercise  and  occupa- 
tion, as  is  shown  by  the  fact  that  48  per  cent,  of  the  population 
are  regularly  employed,  the  majority  of  the  remainder  being 
tubercular  and  aged,  decrepit  patients.  The  chief  defects  are 
the  crude  service  accommodations,  an  insufficient  water  supply, 
great  fire  risk,  and  an  unsanitary  method  of  sewage  disposal, 
cesspools  being  used  which  are  too  close  to  the  buildings,  one 
being  not  far  from  the  dairy  barn.  Water  mains  and  sewer 
mains  are  being  laid,  however,  and  if  properly  completed,  will  no 
doubt  provide  an  adequate  water  supply  and  a  sanitary  system 
of  sewage  disposal. 

Administration. — Except  for  strictly  medical  matters,  the  head 
farmer  is  in  charge,  reporting  directly  to  the  lay  superintendent  at 
the  mother  institution.  No.  7.  There  is  evidence  that  more  or 
less  friction  exists  between  the  medical  and  farm  service.  The 
method  of  handling  supplies  does  not  appear  to  sufficiently  safe- 
guard the  interests  of  the  institution,  for,  while  cost  records  are 
kept,  unit  records  of  articles  are  not. 

[16] 


Institution  No.  9 

Physical  Conditions. — This  institution  forms  one  unit  of  a 
plant  composed  also  of  a  general  hospital,  almshouse,  and  tuber- 
cular colony.  The  buildings  are,  in  the  main,  satisfactory. 
However,  in  the  older  buildings  a  number  of  archaic  features  are 
to  be  noted.  Several  rooms  are  equipped  with  concrete  floors, 
with  center  drains,  similar  to  a  stable.  They  are  also  provided 
with  double,  heavy,  solid  doors,  thus  providing  for  seclusion.  For 
the  most  part,  the  wards  are  bare,  lack  furniture,  and  are  desolate 
in  appearance.  Insufficient  heat  is  provided,  and  last  year  it  is 
said  to  have  been  necessary  for  patients  and  attendants  to  wear 
overcoats  and  shawls  indoors.  The  exercise  yards  are  objection- 
able, being  enclosed  with  high,  whitewashed,  board  fences,  so 
closely  fitted  as  to  shut  off  any  outside  view.  The  grass  has  been 
worn  off,  and  during  the  absence  of  the  women  from  their  yard, 
eighteen  large  rats  were  counted  running  about  in  it. 

Administration. — The  patients  have  access  to  running  hot 
water,  although  no  hot  water  safety  devices  are  provided;  as  a 
result  a  woman  patient  was  so  severely  scalded  a  year  ago  that  she 
died  following  the  burns.  However,  despite  the  subsequent 
recommendation  of  the  State  Committee  on  Lunacy  that  a  safety 
device  be  installed,  no  action  has  ever  been  taken.  On  occasion 
of  visit,  there  were  23  patients  either  restrained  or  secluded,  12 
of  whom  are  constantly  restrained.  Even  such  a  large  number 
is  much  less  than  a  few  years  ago.  In  191 1,  with  a  smaller 
census  than  at  present,  the  average  number  of  patients  re- 
strained and  secluded  is  given  as  from  40  to  50.  There  are  but 
20  per  cent,  of  the  patients  regularly  occupied,  despite  the  fact 
that  there  is  a  large  farm  and  plenty  of  opportunity.  However, 
the  policy  heretofore  has  been  to  use  the  labor  of  the  pauper  in- 
mates of  the  adjoining  almshouse  before  endeavoring  to  provide 
occupation  for  the  insane.  There  has  been  a  great  lack  of  per- 
sonal care  and  attention,  as  must  necessarily  be  the  case  with 
the  unusually  low  proportion  of  attendants.  On  day  of  visit 
there  was  but  one  attendant  to  23  patients  for  day  duty  and  one 
to  90  for  night  duty.  The  medical  work  has  heretofore  been  on  a 
low  plane  of  efficiency,  as  could  scarcely  be  otherwise,  when  dur- 
ing the  past  year,  except  for  a  few  weeks,  but  two  physicians  were 
provided  to  care  for  from  1200  to  1400  patients,  the  physicians 
attached  to  this  institution  being  obliged  to  care  not  only  for  the 

1 17] 


insane,  but  also  for  over  50  tuberculous  patients,  over  200  general 
hospital  patients,  and  nearly  300  almshouse  inmates,  all  housed 
in  adjoining  buildings. 

The  future  of  this  institution  promises  better  things.  A  new 
medical  superintendent  has  recently  been  appointed,  replacing  a 
non-medical  superintendent.  The  new  appointee  fully  appre- 
ciates existing  needs  and  has  already  instituted  improvements, 
while  he  plans  many  more.  The  dietary  has  been  improved  and  a 
departure  has  been  made  from  the  routine  bread,  molasses  and 
tea  diet  for  breakfast  and  supper,  formerly  provided.  Already 
provision  has  been  made  for  proper  reception  wards  for  new 
patients,  heretofore  lacking,  while  hydrotherapy  is  to  be  installed, 
the  work  of  reeducational  occupation  is  to  be  inaugurated,  and 
the  lack  of  recreation  to  be  supplied.  The  number  of  medical 
men  has  been  increased;  a  laboratory  is  to  be  started,  and,  in 
general,  it  may  be  confidently  expected  that  this  institution  will 
enter  upon  a  new  era.  It  may  likewise  be  expected  that  as  a  re- 
sult of  active  curative  treatment  for  insanity  there  will  be  a  fair 
percentage  of  recoveries,  instead  of  no  recoveries  at  all,  as  has 
been  the  case  since  1907.  The  latter  condition  has  obtained, 
despite  the  fact  that  during  the  past  hospital  year  alone  there 
were  66  cases  admitted  suffering  from  such  recoverable  psychoses 
as  would  under  proper  treatment  yield  a  recovery  rate  of  from 
85  to  90  per  cent.  It  is  therefore  to  be  most  earnestly  hoped  that 
the  new  medical  spirit  now  in  evidence  may  receive  every  possible 
support. 

Institution  No.  id 

Physical  Conditions. — The  buildings  are  good,  but  are  located 
adjacent  to  a  County  Workhouse,  the  latter  being  but  about  100 
yards  from  the  building  for  insane  women,  and  just  across  a  road- 
way from  their  exercise  yard.  The  two  buildings  for  opposite 
sexes  are  separated  by  an  almshouse,  in  which  arc  the  administra- 
tive oflfices  of  the  hospital.  The  exercise  yards  are  enclosed  with 
a  high  board  fence,  thus  emphasizing  the  idea  of  restraint,  so 
pernicious  in  its  effects  upon  insane  patients. 

Administration. — The  executive  head  is  a  non-medical  man  and 
the  usual  objections  apply  with  e\'en  more  than  usual  force,  owing 
to  the  superintendent's  lack  of  familiarity  with  tiie  details  of  the 
hospital,  evidenced  by  supplying  considerable  information  later 

[18I 


found  to  be  erroneous.  The  housekeeping  of  the  wards  is  excel- 
lent, but,  aside  from  the  farm  and  the  engineer's  department,  all 
the  service  departments  were  found  in  very  poor  order.  There 
are  no  formal  amusements  for  the  patients,  and  even  those 
patients  fortunate  enough  not  to  be  restrained  lead  a  drab,  color- 
less existence,  but  the  amount  of  restraint  used  appears  unwar- 
ranted. On  the  day  of  the  visit  there  were  thirty-one  patients,  or 
10  per  cent,  of  the  total  hospital  population,  either  restrained  or 
secluded,  while  eighteen  patients,  or  5.8  per  cent.,  are  constantly 
restrained  or  secluded.  In  making  rounds  most  of  such  pa- 
tients were  found  absolutely  quiet,  two  only  being  moderately 
restless.  It  was  said  that  in  most  cases  such  treatment  was  used 
because  the  patients  had  previously  been  disturbed.  It  cannot 
be  without  significance  that  the  lay  superintendent  occasionally 
orders  both  restraint  and  seclusion,  without  consultation  with 
the  physician.  The  amount  of  restraint,  however,  appears  in  a 
measure  due  to  the  limited  proportion  of  attendants,  there  being 
on  duty,  on  the  day  of  the  visit,  but  one  attendant  to  fifteen 
patients  for  day  duty.  Such  lack  was  also  given  as  the  reason  for 
the  limited  amount  of  outdoor  exercise,  patients  never  being 
out  longer  than  two  hours  in  any  one  day,  even  in  good  weather. 

While,  in  the  main,  the  separation  of  the  sexes  is  good,  there  is 
some  opportunity  for  improper  mingling  of  sexes,  as  was  shown 
when  two  working  patients,  a  man  and  a  woman,  were  found 
eating  together  in  a  room  off  the  kitchen,  without  an  attendant 
present. 

The  food  service  is  poor  and  the  dietary  is  stereotyped.  All 
kinds  of  food  are  heaped  on  a  single  plate  for  each  patient.  For 
the  meal  inspected,  after  soup  had  been  placed  in  deep  plates,  a 
piece  of  meat  and  sliced  green  cucumbers  were  added,  and  it  was 
noticeable  that  as  soon  as  the  patients  were  seated  a  piece  of 
bread  was  used  as  an  auxiliary  plate. 

The  institution  lacks  any  hydrotherapeutic  equipment  or  pro- 
visions for  special  medical  treatment,  and  there  is  no  treatment  of 
insanity  as  such.  The  result  is  seen  in  the  remarkably  low  re- 
covery rate  of  2.8  per  cent.,  based  on  admissions.  During  the 
last  hospital  year,  thirty-one  cases  were  received  suffering  from  a 
certain  recoverable  form  of  mental  disease,  which,  under  proper 
treatment,  would  have  yielded  a  recovery  rate  of  85  to  90  per 
cent.,  but  among  the  cases  discharged  as  recovered  from  this 

[19] 


institution  there  was  but  a  single  patient  discharged  recovered 
who  had  suffered  from  such  type  of  mental  trouble.  Tubercular 
patients  mingle  with  the  others  until  they  become  bedfast,  when 
they  are  cared  for  in  the  neighboring  almshouse,  which  alone  has 
facilities  for  isolation.  There  were  several  insane  patients  resid- 
ing in  the  almshouse  on  the  occasion  of  the  visit,  including  not 
only  tubercular  cases,  but  a  surgical  case,  the  almshouse  alone 
possessing  facilities  for  the  treatment  of  surgical  conditions.  The 
clinical  records  are  poor,  but  the  medical  force  is  too  small  to 
perform  properly  the  medical  work  in  this  institution,  with  324 
insane  patients,  and  also  in  the  almshouse,  with  201  inmates,  as  is 
required,  there  being  but  two  physicians. 

One  of  the  deplorable  features  of  this  institution  is  that  there  is 
reason  to  believe  that  political  influences  have  heretofore  oper- 
ated in  the  selection  of  employees,  and  the  resulting  inefficiency 
of  attendants  thus  selected  is  shown  in  the  following  instances: 
One  attendant  caring  for  a  sick  patient  reported  a  temperature  of 
1000  degrees;  another,  when  told  to  get  a  bottle  of  ammonium 
chloride  tablets  brought  bichloride  of  mercury  tablets  instead, 
believing  all  chlorides  were  the  same.  The  superintendent  him- 
self admitted  it  was  sometimes  possible  to  find  attendants  on  duty 
partially  intoxicated,  but  said  it  was  no  use  to  dismiss  them,  as  it 
would  only  mean  replacing  them  with  others  of  the  same  caliber. 
During  visit  a  death  was  reported  to  the  office,  but  a  few  minutes 
later  it  was  reported  to  be  a  false  alarm.  It  appeared  that  an 
attendant  had  been  deceived  when,  in  cleaning  the  bed  of  a  sick 
patient,  he  had  laid  the  patient  on  the  cold  concrete  floor,  where- 
upon the  shock  of  such  treatment  caused  collapse.  As  a  matter 
of  fact,  however,  the  patient  was  actually  in  a  dying  condition 
and  expired  later  the  same  afternoon. 

This  institution  is  to  be  moved  to  and  consolidated  with  No.  9 
as  soon  as  new  buildings  have  been  there  erected,  a  change  which 
must  necessarily  result  for  the  patients'  good. 


SUMMARY   OF   INSTITUTIONS   MAINTAINED   BY 
MUNICIPALITIES 

Institution  No.  7  is  so  unsuited  architecturally  for  the  care  and 
treatment  of  insane  patients  that  its  use  should  be  abandoned  at 
the  earliest   possible   moment.     The  great  overcrowding   here 


existing  only  emphasizes  structural  defects.  The  abnormally 
high  death  rate  must,  in  part  at  least,  be  caused  by  structural 
conditions,  as  the  medical  work  appears  fairly  efficient. 

Institution  No.  8,  a  branch  of  No.  7,  provides  the  great  boon  of 
outdoor  exercise  and  occupation  lacking  in  the  latter.  Methods 
of  transportation  are  not  yet  adequate,  the  accommodations  are 
crude,  the  water  supply  is  deficient,  and  the  sewage  disposal  is 
unsanitary,  although  the  two  defects  last  mentioned  will  ap- 
parently be  remedied  by  the  completion  of  plans  now  under  way. 
The  fire  risk  is  considerable.  The  defects  and  disadvantages 
indicated  are  all  remediable,  however,  and  there  would  seem  to 
be  marked  possibilities  for  this  institution  under  State  rather 
than  municipal  control. 

Institution  No.  9  has  heretofore  provided  only  the  most  crude 
custodial  care.  The  fact  that  no  patients  have  been  discharged 
as  recovered  for  7  years  tells  the  whole  tale;  however,  a  new 
administration  has  been  inaugurated,  and  there  is  reason  for 
believing  that  not  only  will  the  material  condition  of  patients  be 
improved,  but  that  in  the  future  they  will  receive  active  medical 
treatment  directed  to  the  alleviation  of  their  mental  ills,  some- 
thing never  before  provided  in  this  institution. 

Institution  No.  10  is  poorly  located,  being  in  association  not 
only  with  an  almshouse  but  with  a  County  Workhouse.  While 
the  buildings  are  good,  there  are  no  facilities  for  the  medical 
treatment  of  insanity  and  even  in  the  treatment  of  physical  ills 
the  baneful  practice  has  arisen  of  treating  surgical  and  advanced 
tubercular  cases  in  the  almshouse,  where  no  distinction  is  made 
between  them  and  the  paupers.  Under  the  circumstances,  it 
appears  fortunate  that  this  hospital  is  to  be  consolidated  with 
No.  9. 

General  Considerations. — In  reviewing  the  conditions  found  in 
this  group  of  institutions  it  would  appear  that  none  have  been 
properly  performing  their  function  as  institutions  for  the  treat- 
ment and  possible  cure  of  insanity.  Political  and  secular  inter- 
ests have  apparently  submerged  the  medical  spirit,  and  as  a  result 
it  is  certain  that  many  unfortunate  insane  persons  have  failed  of 
recovery  through  lack  of  proper  medical  facilities  and  treatment. 
The  conviction  appears  irresistible  that  whatever  may  have  been 
past  policies  the  welfare  of  the  community  would  be  best  served 
by  removing  these  hospitals  from  municipal  control. 

[21] 


LICENSED  COUNTY  INSTITUTIONS  FOR  INSANE. 

NOS.  19-37 
General  Statistics. — 

Institution 
number  Capacity  Census  On  parole 

19 42  43  2 

20 800  886  93 

21 203  286  24 

22 None  for 

insane  8  o 

23 305  294  6 

24 107  89  9 

25 50  26  o 

26 25  29  1 

27 48  44  2 

28 50  46  O 

29 64  69  o 

30 530  517  9 

31 300  364  42 

32 600  621  17 

33 132  114  I 

34 40  39  o 

35 500  481  25 

36 229  240  9 

37 96  107  5 

Total 4121  4303  245 

Institution  No.  19 

Physical  Conditions. — Building  for  insane  at  rear  of  alms- 
house, with  earth  yard  in  front.  It  is  in  good  repair.  The  halls, 
however,  are  too  narrow.  There  is  no  regular  dining-room,  a 
short  hall  serving  this  purpose,  in  which  both  sexes  eat  at  the 
same  table.  The  "cells"  for  seclusion  have  concrete  floors  and 
are  double-doored,  the  inner  door  being  iron-barred  and  the 
outside  one  of  heavy  wood.  One  of  these  outside  doors  has 
been  removed,  leaving  only  the  iron-barred  door  in  sight  and  thus 
emphasizing  the  prison  efifect.  Electric  lights  are  used,  but  wiring 
is  attached  to  surface  of  walls  in  such  a  way  as  to  be  accessible  to 
patients.  Wards  are  bare  and  without  sufficient  seating  facili- 
ties, so  that  when  all  patients  are  indoors  it  is  necessary  to  use 
backless  benches  from  the  dining-room.  Much  trouble  is  said 
to  have  been  experienced  from  patients  sitting  on  the  flat  tops  of 
screened  radiators,  and  local  authorities  have  recommended  that 
a  sloping  top  be  substituted,  but  additional  seating  facilities  do 
not  appear  to  have  been  suggested. 

There  are  but  two  wards  for  each  sex,  so  that  little  classifica- 
tion   of    patients    is    possible.     Fire    protection    is    insufficient. 

[22] 


Sewage  flows  untreated  into  an  open  ditch  about  150  yards  from 
the  main  building;  when  seen  this  ditch  was  absolutely  stag- 
nant. Piggery  is  within  200  yards  of  building  for  insane,  and 
not  overclean. 

Small  exercise  yard  for  each  sex  is  enclosed  by  high,  white- 
washed board  fence,  partly  surmounted  by  barbed  wire,  the  gate 
to  each  yard  being  fastened  with  a  padlock. 

In  many  respects  almshouse  building  is  superior  to  that  for 
insane. 

Administration. — Women  live  on  second  floor,  but  stair  doors 
are  left  unlocked  and  separation  of  sexes  is  poor.  Women  pa- 
tients were  found  doing  housework  in  the  male  wards,  without 
any  attendant,  although  male  patients  were  present.  There  is 
but  a  single  married  couple  for  day  duty  and  another  such  couple 
for  night  duty.  Patients  are  left  alone  much  of  the  time.  Those 
in  the  exercise  yards  when  once  locked  in  are  left  unattended. 
In  one  of  these  yards  five  concentric  rings  have  been  beaten  in 
the  earth  about  a  tree  by  the  ceaseless  pacing  of  patients. 

Dining-room  service  is  crude.  Food  is  brought  in  tin  buckets 
from  the  almshouse.  In  good  weather  some  of  patients  eat  on 
the  ground  in  the  exercise  yards.  Most  of  dishes  are  of  agate 
ware.  Food  is  sufficient  in  amount  but  of  limited  variety. 
Bread,  molasses,  and  tea  or  coffee  are  the  staples  for  both  morning 
and  evening  meals,  the  dietary  being  the  same  as  for  the  alms- 
house. 

The  men's  clothing  is  of  overall  material,  suits  being  made  in 
almshouse  and  little  attention  paid  to  fit.  A  number  of  patients 
were  barefooted,  and  from  appearance  of  feet,  had  been  so  for 
many  weeks.  There  are  no  recreations  provided,  and  but  three 
or  four  patients  attend  the  occasional  religious  services  conducted 
by  volunteers  in  the  almshouse. 

The  visiting  physician  calls  once  a  week,  but  only  physical 
ills  receive  attention.  The  physician  refuses  to  pull  teeth,  and 
after  hearing  a  woman  patient  weep  all  night  with  the  toothache, 
the  "keeper"  for  the  first  time  in  his  life  pulled  a  tooth.  He  has 
since  pulled  two  more.  "Keeper"  was  formerly  a  farmer;  he 
uses  his  owti  judgment  in  the  matter  of  restraint  and  seclusion. 
In  his  opinion,  two  days  in  a  strait-jacket  is  enough  "to  make 
them  come  dowTi."  Seclusion,  however,  is  sometimes  used  from 
six  to  eight  weeks,  or  even  longer. 

[23] 


A  woman  patient  has  an  open,  undressed  cancer,  and  another 
woman  patient  has  recurring  ulcerations  of  the  nose,  apparently 
of  luetic  origin.  Neither  these  patients  nor  the  single  tuber- 
cular patient  here  are  isolated,  but  mingle  freely  with  the  others. 

A  particularly  reprehensible  practice  in  this  community  is  the 
custom  of  committing  insane  patients  to  the  State  Hospital  only 
if  they  belong  to  one  of  the  "better  families"  or  if  they  are  par- 
ticularly disturbed  or  troublesome. 

The  neighboring  almshouse  is  crowded  every  winter,  and  the 
present  building  for  the  insane  could  be  used  to  advantage  for 
the  paupers  were  the  insane  removed,  as  they  should  be. 

Institution  No.  20 

Physical  Conditions. — The  buildings  are  excellent,  thoroughly 
fire-proof,  and  the  grounds  ample.  While  some  wards  are  bare, 
others  have  decorative  features.  Sanitary  bubbling  drinking- 
fountains  are  a  commendable  provision.  The  numerous  wards 
offer  a  good  opportunity  for  classification.  In  general,  service 
departments  are  good,  but  the  laundry  is  too  small  and  some  of 
the  departments  are  poorly  located  in  basements.  Farm  build- 
ings are  excellent.  Sewage  flows  untreated  into  a  neighboring 
creek.  Fire  protection  could  be  improved,  too  much  reliance 
being  placed  on  exterior  fire-proof  construction.  For  instance, 
a  third-floor  dormitory  with  about  100  patients  has  but  a  single 
exit  to  a  stairway,  although  outside  is  an  iron  fire-escape  which  is 
inaccessible,  as  the  oval  window  leading  to  it  is  guarded  by  per- 
manently fastened  iron  bars. 

All  exercise  yards  are  enclosed,  one  with  a  high,  whitewashed 
board  fence  surmounted  by  barbed  wire,  while  another  is  a  court 
covered  with  stone  flagging  and  enclosed  by  an  iron  fence  sur- 
mounted by  barbed  wire. 

The  buildings  of  the  neighboring  almshouse  are  especially 
good  and  well  adapted  for  the  care  of  the  insane,  one  building 
being  so  used.  Were  the  almshouse  and  insane  hospital  consoli- 
dated there  would  no  longer  exist  the  necessity  for  two  laundries, 
two  direct  refrigeration  plants,  two  store  rooms,  two  drug  rooms, 
two  power  plants,  two  carpenter  shops,  two  paint  shops,  and  two 
plumbers'  shops. 

Administration. — A  fair  grade  of  custodial  care  is  here  given, 
but  the  non-medical  character  of  the  institution  is  shown  in  its 

[24I 


annual  report,  the  only  medical  feature  of  which  is  a  table  show- 
ing causes  of  death.  Physical  ills  receive  proper  treatment,  but 
there  are  no  facilities  nor  treatment  for  insanity  as  such. 

Owing  to  overcrowding  and  the  comparatively  small  propor- 
tion of  attendants,  restraint  is  much  used,  the  overcrowding 
being  especially  apparent  in  the  disturbed  wards.  A  particu- 
larly objectionable  form  of  restraint  is  a  long-sleeved  coat,  by 
means  of  which  patients'  arms  are  tied  behind  their  back. 

Tubercular  cases  are  scattered  throughout  the  various  wards, 
although  it  is  proper  to  add  that  new  construction  now  going  on 
will  provide  excellent  facilities  for  the  isolation  of  tubercular 
patients. 

With  material  facilities  in  general  of  an  unusually  good  grade, 
the  whole  plant  could  be  utilized  to  the  greatest  advantage  as 
an  institution  solely  for  the  insane. 

Institution  No.  21 

Physical  Conditions. — A  fairly  satisfactory  fire-proof  building 
is  provided,  many  defects  of  which  could  be  overcome  by  the 
expenditure  of  small  amounts  of  money.  Hospital  is  over- 
crowded, and  as  a  direct  result  there  is  insufificient  day  space. 
Fly-screens  throughout  constitute  an  excellent  feature.  Wom- 
en's wards  have  some  decorative  features,  but  men's  wards  are 
bare  and  have  but  few  chairs,  backless  benches  being  substituted. 
The  outside  entrances  have  iron-barred  doors  outside  of  wooden 
ones,  so  when  the  latter  are  left  open  for  ventilation  an  unpleasant 
prison-like  effect  is  produced.  There  are  a  few  unprotected 
radiators  on  the  floor,  but  most  are  placed  on  the  walls  out  of 
reach. 

There  is  a  great  lack  of  space  for  service  departments,  most  of 
them  being  crowded  into  small  basement  rooms.  Another  serious 
lack  is  the  want  of  land,  the  hospital  having  but  a  small  plot  set 
apart  for  its  use  out  of  the  entire  county  property,  the  remainder 
being  devoted  to  the  use  of  the  neighboring  almshouse. 

Sewage  flows  untreated  into  a  river  about  a  half  mile  distant. 
There  is  a  serious  lack  in  the  want  of  sufficient  water  supply. 
During  the  past  summer  water  pressure  has  been  insufficient 
to  fill  the  service  lines  on  the  second  floor,  so  water  has  had  to 
be  carried  upstairs  by  hand  in  pails  for  all  purposes.  Despite  the 
increased  fire  risk,  authorities  are  said  to  have  made  no  effort  to 

[25] 


remedy  conditions  although  it  would  appear  easily  possible  to  do 
so,  and  although  the  superintendent  of  the  hospital  has  repeat- 
edly urged  it.  There  is  already  a  well  on  the  property  giving  an 
abundant  flow  of  good  water,  but,  owing  to  a  failure  to  provide  a 
sufficiently  powerful  pump,  little  relief  is  thus  obtained. 

The  neighboring  almshouse  is  in  fair  condition,  and  at  an  ex- 
penditure of  from  five  to  six  thousand  dollars  could  be  rendered 
available  for  the  care  of  the  insane.  The  condition  here  presents 
a  striking  contrast  to  that  of  the  insane  hospital,  for  instead  of 
being  greatly  overcrowded,  as  is  the  latter,  less  than  half  its 
capacity  is  now  utilized. 

Administration. — With  but  two  wards  for  each  sex,  little  classi- 
fication is  possible.  There  is  an  unusually  good  dietary.  As 
result  of  overcrowding  and  an  insufficient  number  of  attendants, 
restraint  and  seclusion  are  frequently  used.  Despite  efforts  of 
the  medical  superintendent,  it  has  been  impossible  to  secure  hy- 
drotherapeutic  apparatus  or  any  special  medical  equipment. 
There  are  but  two  tubercular  cases,  who  are  allowed,  however, 
to  mingle  with  the  other  patients. 

An  excellent  feature  of  this  institution  is  the  degree  to  which 
occupation  for  patients  has  been  developed  under  adverse  con- 
ditions. Those  who  work  on  the  farm  do  so  under  the  direction 
of  the  almshouse  steward,  so  that  the  hospital  superintendent  has 
to  exercise  care  as  to  the  patients  sent  out  for  such  work,  having 
no  knowledge  of  what  tasks  they  will  have  to  do.  The  superin- 
tendent is  probably  correct  in  believing  that  more  patients  could 
be  allowed  the  benefit  of  farm  work  if  he  had  the  authority  to 
regulate  tasks  to  their  varying  capacities.  It  is  unfortunate 
that  so  many  of  the  patients  working  in  the  service  departments 
are  obliged  to  work  in  the  basement  where  light  and  air  are  de- 
ficient. 

Unusually  close  accounts  are  kept.  The  hospital  is  obliged 
to  pay  the  almshouse  for  bread,  milk  and  pork,  although  it  re- 
ceives no  compensation  in  return  for  the  labor  of  patients  and 
attendants.  A  large  number  of  reimbursing  patients  makes 
this  institution  self-supporting,  aside  from  State  aid. 

Although  the  superintendent  is  a  physician,  he  has  no  medical 
assistants,  and  but  little  help  in  business  matters,  so  it  would 
appear  imi)ossible  for  him  to  give  as  much  attention  to  medical 
matters  as  would  seem  desirable. 

I  26  1 


The  material  conditions  of  the  plant,  as  a  whole,  including 
almshouse,  are  such  that  it  could  be  rendered  available  for  the 
care  of  the  insane  at  comparatively  small  expense,  as  most  de- 
fects noted  are  removable  ones. 

Institution  No.  22 

Physical  Conditions. — The  insane  are  kept  in  the  almshouse 
proper,  separate  corridors  being  reserved  for  them,  although  in 
practice  they  freely  mingle  with  the  paupers  and  with  a  consider- 
able number  of  defectives;  the  only  discernible  difference  in 
treatment  is  that  they  are  allowed  less  freedom.  Rooms  for  the 
insane  have  iron  bars  over  windows,  while  the  doors  are  heavy 
wood  with  iron  braces ;  in  the  center  of  each  door  is  an  aperture 
covered  by  an  iron  grating,  with  a  wooden  slide  for  a  peek  hole, 
while  lower  down  in  the  door  is  an  open  aperture  through  which 
food  is  introduced  when  an  excited  patient  is  secluded.  Doors 
are  fastened  with  heavy  padlocks. 

Although  exercise  yards  are  enclosed,  they  are  unusually  pleas- 
ant for  such  type  of  yards.  A  philanthropic  neighbor  has  built 
an  excellent  small  chapel  divided  for  Protestant  and  Catholic  ser- 
vices.    There  is  an  excellent  farm  with  good  farm  buildings. 

Fire  risk  appears  especially  great.  The  illumination  is  by 
open  flame,  gasoline  gas-jets.  Water  pressure  is  sufficient  onl> 
to  carry  water  to  the  second  floor.  Buildings  are  old,  and  it 
appears  doubtful  whether  inmates  on  the  third  and  fourth  floors 
could  escape  in  case  of  fire,  despite  the  fact  that  there  are  a  few 
fire-escapes  provided. 

Administration. — Separation  of  sexes  is  poor;  they  occupy 
different  floors,  but  the  stairs  are  open  during  the  day.  But 
limited  paid  help  is  provided,  and  in  practice  the  paupers  do  con- 
siderable of  the  work  in  caring  for  the  insane. 

A  humane  atmosphere  exists  in  this  institution,  and  restraint 
and  seclusion  are  little  used;  however,  both  may  be  used  at  the 
discretion  of  the  woman  nurse  or  the  almshouse  steward,  and 
shortly  prior  to  visit  a  male  patient  was  said  to  have  been  se- 
cluded for  a  week.  There  is,  of  course,  no  medical  treatment  for 
insanity  as  such,  and  even  provision  for  the  treatment  of  physical 
ills  is  limited,  the  visiting  physician  making  regular  visits  once  a 
week  only. 

The  donor  of  the  chapel  above  mentioned  had  engaged  an  in- 

[27] 


structor  in  raffia  and  reed  basketry,  who  was  found  teaching  such 
craft  to  a  number  of  the  pauper  inmates  and  to  one  insane  patient, 
but  in  general  the  insane  are  Httle  occupied. 

Institution  No.  23 

Physical  Conditions. — The  building  provided  is  excellent; 
it  is  fire-proof  and  well  arranged.  There  is  also  an  excellent  farm, 
but  it  is  conducted  by  the  steward  of  the  neighboring  almshouse. 
This  almshouse  building,  while  old,  is  remarkably  well  preserved. 
Institution  has  a  good  modern  sewage  disposal  plant.  Fire  pro- 
tection is  fair,  but  hose  is  not  tested,  matters  of  this  kind  being 
in  charge  of  the  almshouse  steward.  The  hospital  superintendent 
is  said  to  have  repeatedly  requested  such  tests. 

Hospital  lacks  space  for  service  departments,  most  of  them 
being  located  in  the  basement.  There  is  an  excellent  detached 
building  provided  as  a  home  for  women  attendants.  This  in- 
stitution is  notable  in  that  although  it  is  a  county  institution  it 
possesses  no  enclosed  exercise  yard. 

Adniinistration. — The  hospital  superintendent  is  a  physician, 
and  all  business  matters  are  under  the  direction  of  the  almshouse 
steward,  who  has  authority  t©  revise  superintendent's  requests 
for  supplies. 

There  is  no  laboratory,  hydrotherapeutic  equipment,  nor 
medical  treatment,  except  that  directed  to  the  alleviation  of 
physical  ills  only. 

Except  in  the  severest  winter  weather  heat  is  said  to  be  shut 
off  from  9.00  p.  M.  to  5.00  A.  M.;  it  was  admitted  that  patients 
often  complain  of  the  cold,  when  they  are  supplied  with  extra 
blankets.  Patients  are  for  the  most  part  locked  in  their  rooms 
at  night.  Several  were  also  found  locked  in  their  rooms  during 
the  day.  A  tubercular  girl  was  found  locked  in  her  room  on  the 
second  floor  with  no  attendant  on  the  floor.  Patient  was  weak, 
confined  to  bed,  and  there  appeared  no  apparent  justification 
for  her  seclusion,  unless  it  was  to  prevent  her  from  wandering 
about  the  ward,  although  in  her  weak  condition  she  showed  no 
such  tendency;  moreover,  two  ambulatory  tubercular  cases 
mingle  with  the  other  patients  without  restriction.  An  elderly 
woman,  moaning  and  protesting  loudly,  was  found  secluded; 
when  her  room  was  entered  and  she  was  addressed,  she  became 
somewhat  quieter  and  there  appeared  no  doubt  that  could  she 

[28] 


have  received  adequate  personal  attention  her  agitated  depres- 
sion would  have  been  much  lessened.  Another  secluded  woman 
was  said  to  have  been  homicidal;  but  when  addressed,  she  ex- 
plained, with  a  smile,  that  sometimes  the  voices  called  her  such 
bad  names  she  could  not  help  but  get  angry,  although  she  did  not 
mean  harm  to  anybody.  Two  women  were  found  locked  in  a 
bathroom,  but  for  what  reason  did  not  appear,  as  both  were  quiet. 
Both  restraint  and  seclusion  are  ordered  by  the  matron,  who  then 
reports  to  the  superintendent. 

Recreation  is  given  some  attention  in  this  institution,  and  in 
many  respects  the  custodial  care  provided  is  of  a  fair  type. 

Material  conditions  both  at  the  insane  hospital  and  the  alms- 
house are  such  that  the  whole  plant  could  be  well  devoted  to  the 
exclusive  care  of  the  insane.  It  would  then  be  possible  to  provide 
some  degree  of  classification,  and  the  present  lack  of  the  hospital 
as  to  space  for  service  departments  would  be  supplied. 

Institution  No.  24 

Physical  Conditions. — Building  for  the  insane  is  at  the  rear  of 
the  almshouse,  with  a  shed  containing  an  outdoor  toilet  in  the 
foreground.  It  is  in  a  poor  state  of  repair,  side  walls  being 
cracked,  woodwork  worn,  and  paint  generally  needed.  While 
lighting  is  by  electricity,  wiring  is  attached  to  the  surface  of  the 
walls  and  is  easily  accessible.  Despite  the  fact  that  kerosene 
lamps  are  kept  on  the  wards  for  emergency  use,  an  attendant 
was  found  smoking  in  the  ward.  Room  doors  are  locked  with 
numerous  different  kinds  of  locks,  although  most  are  secured  with 
a  small  padlock  and  a  hasp  and  staple.  There  is  little  day  space, 
except  on  dark  halls.  But  few  chairs  are  provided,  benches 
without  backs  being  substituted.  Men's  wards  are  particularly 
bare  and  desolate  in  appearance.  On  a  single  ward  there  is  one 
stationary  wash-basin,  but  elsewhere  patients  are  obliged  to  use 
the  single  bathtub  faucet  found  on  each  ward.  As  patients  eat 
breakfast  at  5.30  A.  M.,  it  appears  questionable  whether  they  all 
have  a  chance  to  wash  before  breakfast. 

Ward  dining-rooms  are  narrow,  the  two  tables  in  each  almost 
completely  filling  the  space;  only  backless  benches  are  here  pro- 
vided. There  is  a  zinc  sink  in  each  dining-room  for  dish-washing, 
but  water  has  to  be  carried  in  a  pail  the  length  of  the  ward,  the 
bathtub  being  the  only  source  of  water  supply.     Food  service  is 

[29] 


haphazard,  patients  entering  and  leaving  dining-room  at  will. 
In  one  instance  the  attendant  had  gone  to  the  almshouse  build- 
ing for  his  own  meal,  although  patients  were  found  still  eating, 
while  thus  left  alone. 

Ventilation  is  defective  and  deodorizing  fixtures  were  seen  not 
only  in  toilets  but  in  wards.  Sewage  disposal  is  by  cesspools, 
and  one  in  use  is  but  a  few  hundred  feet  from  the  almshouse 
building.  It  should  be  added,  however,  that  plans  have  been 
made  for  more  sanitary  sewage  disposal.  There  is  a  good  exer- 
cise yard,  except  that  it  is  enclosed  by  a  high  board  fence,  com- 
pletely shutting  ofT  the  patients'  view,  while  it  is  undivided  for 
the  sexes.  However,  the  matter  of  exercise  fails  to  receive  proper 
attention,  many  patients  going  outdoors  but  rarely. 

Administration. — Sexes  are  poorly  separated  and  the  quiet 
patients  of  each  sex  are  allowed  to  mingle  in  going  in  and  out  of 
the  exercise  yard,  the  doors  of  the  two  quiet  wards  leading  to 
the  yard  being  left  open  much  of  the  time.  Patients  fail  to  re- 
ceive proper  personal  attention.  In  the  men's  wards  clothing 
was  found  generally  disordered,  unbuttoned,  and  in  a  few  in- 
stances torn.  When  last-mentioned  condition  existed,  there 
was  no  evidence  of  underwear.  One  male  patient  was  seen  in 
the  morning  with  clothing  unbuttoned  and  much  disordered,  and 
when  again  seen  late  in  the  afternoon  he  was  in  exactly  the  same 
condition,  being  a  stupid,  inactive  patient.  Several  men  were 
seen  barefooted ;  some  had  shoes  but  no  socks,  while  others  had 
socks  but  no  shoes.  In  general,  the  condition  of  women  was 
better  than  that  of  the  men. 

Dietary  appears  too  scanty,  practically  no  food  being  left  on 
the  tables  after  the  meal  inspected.  The  same  m6nu  is  served 
the  corresponding  days  each  week,  varying  only  as  the  seasons 
render  different  supplies  available.  Butter  is  served  but  once  or 
twice  a  week.  Molasses,  bread  and  coffee  are  the  staples  for 
breakfast  and  supper,  although  occasionally  a  potato,  some  oat- 
meal, or  crackers  are  added. 

The  punitive  idea  is  here  prominent;  two  women  were  found 
strapped  to  the  chair  with  a  leather  strap,  and  a  third  was  so 
strapped  to  a  toilet  chair.  It  was  readily  explained  that  in  one 
case  at  least  the  patient  was  strapped  "as  a  little  punishment"; 
it  was  added,  "You  have  to  punish  them  a  little  sometimes,  it 
does  them  good."     Later,  a  male  attendant  remarked  in  reference 

I30I 


to  restraint,  "We  use  it  simply  to  conquer  them;  it  is  to  punish 
them  a  little  when  words  are  not  enough."  The  institution  has 
several  cells  in  the  cellar  for  violent  cases,  but  none  was  occupied 
at  time  of  visit,  their  last  occupant  having  been  transferred  to  a 
State  hospital  some  weeks  prior  to  visit.  Such  cells  are  provided 
with  inside  doors  of  iron  grating,  with  heavy  wooden  doors  out- 
side. Side  walls  are  finished  in  wood.  Each  possesses  but  a 
single  high  basement  window,  so  both  light  and  air  are  deficient; 
there  is  an  open  toilet  hopper  in  one  corner ;  they  are  heated  only 
from  cellar  passageway. 

A  visiting  physician  attends  to  the  physical  ills  of  patients, 
but  there  are  no  medical  facilities  nor  treatment  for  insanity  as 
such.  There  is  no  recreation,  and  patients  lead  a  confined  and 
monotonous  existence,  a  number  being  noted  lying  about  on  the 
floor  asleep,  there  being  no  effort  to  keep  any  occupied  except  as 
they  may  work  willingly. 

A  vicious  practice  exists  whereby  four  pauper  inmates  of  the 
almshouse  live  with  the  insane  and  one  of  the  latter  lives  in  the 
almshouse.  It  should  be  added,  however,  that  two  of  such  pau- 
pers present  mental  symptoms  and  are  to  be  shortly  committed, 
but  in  the  other  cases  they  live  as  they  do  simply  because  they 
assist  with  the  work.  There  is  also  in  the  insane  department  the 
infant  child  of  one  of  the  women  patients,  no  consideration  having 
as  yet  been  given  to  the  matter  of  its  ultimate  disposition. 

Particularly  objectionable  as  the  conditions  are  for  the  care  of 
the  insane,  it  would  be  likewise  desirable  to  remove  the  insane 
from  this  institution  for  the  reason  that  the  almshouse  is  over- 
crowded and  every  winter  it  is  necessary  to  house  almshouse 
inmates  in  the  attic,  so  good  use  could  be  made  of  the  present 
building  for  the  insane  to  relieve  this  condition. 

The  objectionable  practice  is  here  followed  of  deciding  as  to 
whether  a  patient  shall  be  committed  to  a  State  hospital  or  to  the 
county  hospital  by  the  degree  of  troublesomeness  manifested  by 
the  patient,  regardless  of  prognosis. 

Institution  No.  25 

Physical  Conditions. — A  single  story  extension  at  each  end  of 

the  almshouse  provides  accommodation  for  the  insane  of  each 

sex;    there  being  a  single  covered  connecting  corridor  to  each 

closed  by  doors  of  iron  grating  placed  at  the  entrance.     Outside 

[31] 


such  doors  hose  and  stand  pipes  are  found,  but  they  constitute 
the  only  fire  protection  for  the  insane  wards.  There  are  no  out- 
side exits  from  the  latter,  the  only  approach  being  through  the 
corridors  mentioned.  On  the  men's  side  is  a  small  basement 
dormitory  with  two  small  high  basement  windows  from  which 
there  is  but  a  single  exit  by  means  of  inside  winding,  wooden 
stairs  to  the  ward  above.  The-men's  ward  is  bare  and  cheerless, 
but  on  the  women's  side  ornamental  wall-paper  has  been  cut 
out  and  pasted  in  sections  on  the  wall,  so  as  to  give  the  effect  of 
pictures.  Windows  are  guarded  by  inside  iron  bars,  producing 
a  prison-like  effect.  Chairs  are  permanently  fastened  to  the 
floor,  and  as  a  result  patients  were  found  lying  prone  on  the  floor 
not  only  in  the  ward,  but  in  the  toilet  sections;  while  patients 
have  access  to  hot  water,  there  are  no  hot  water  safety  devices. 

Sewage  flows  untreated  into  a  swamp  about  a  mile  distant. 
Water  supply  is  limited.  Service  departments  were  found  in 
excellent  condition  and  housekeeping  generally  is  above  the  usual 
almshouse  standard.  A  particularly  good  feature,  showing  ini- 
tiative on  the  part  of  local  authorities,  is  a  home-made  refriger- 
ator, which  is  divided  into  compartments,  and  which  is  most 
satisfactory. 

There  are  no  porches  on  the  wings  for  the  insane,  although  the 
almshouse  proper  is  so  equipped.  Women's  exercise  yard  is 
unused  for  the  purpose,  but  men's  yard  is  covered  with  paths 
worn  in  the  earth  by  the  pacing  back  and  forth  of  patients.  It 
is  enclosed  on  three  sides  by  buildings  and  on  the  fourth  side  by 
a  heavy  masonry  wall  of  distinctively  prison-like  appearance. 

Administration. — One  of  the  most  serious  faults  is  the  substitu- 
tion of  close  confinement  for  personal  attention.  There  is  but  a 
single  male  attendant  and  no  women  attendants.  Women  pa- 
tients are  "looked  after"  by  the  woman  cook,  when  she  can  spare 
time  from  her  other  duties;  but  she  was  not  in  evidence  during 
visit.  As  she  sleeps  near  the  women  patients  and  the  man  at- 
tendant sleeps  in  the  male  ward,  there  is  thought  to  exist  no  neces- 
sity for  night  attendants.  Patients  are  admittedly  left  alone 
much  of  the  time.  One  result  is  that  patients'  clothing  was 
found  disordered,  in  some  instances  torn,  and  in  a  few  cases  much 
soiled;  such  condition  being  more  marked  on  the  men's  than  on 
the  women's  side.  In  the  almshouse  proper  tlie  inmates  of  both 
sexes  presented  a  much  better  appearance. 

I32] 


Women  patients  never  exercise  out-of-doors,  it  being  said  "we 
can't  get  them  out"  and  their  exercise  yard  is  therefore  utilized 
for  clothes-lines.  Although  the  weather  was  favorable,  men  were 
not  out  for  exercise  on  day  of  visit.  Only  willing  workers  are 
employed,  the  majority  of  the  patients  sitting  or  lying  about  in  a 
dull,  listless  fashion.  There  are  neither  recreations  nor  religious 
services. 

Patients  eat  in  the  same  dining-room  with  the  paupers,  al- 
though at  separate  tables.  In  accordance  with  the  general  ex- 
cellence of  the  ser\-ice  departments,  the  garbage  is  well  handled. 

Medical  treatment  even  for  physical  ills  is  limited.  Visiting 
physician  visits  regularly  but  once  or  twice  a  month.  He  is 
said  to  give  no  attention  to  the  insane,  except  as  indicated  by  the 
lay  superintendent.  As  it  was  expressed  in  referring  to  the  mat- 
ter, "He  doesn't  even  know  how  many  we  have  got  in  the  Insane 
Department."  The  lay  superintendent  and  his  son  dispense 
medicines,  and  during  visit  the  latter  filled  a  bottle  with  eye-wash 
and  one  with  a  cough  mixture  at  the  request  of  two  pauper  in- 
mates. He  expressed  the  opinion  that  he  could  give  out  most  of 
the  medicines  needed  as  well  as  the  doctor.  A  trusty  patient 
who  has  a  room  to  himself  is  charged  with  the  duty  of  keeping  the 
ward  disinfectants. 

Institution  is  provided  with  handcuffs,  which,  however,  are 
said  to  be  but  rarely  used  except  in  transporting  patients  to  and 
from  the  institution.  Two  patients  were  found  in  seclusion  on 
occasion  of  visit.  The  opinion  was  expressed  that  seclusion  was 
a  good  practice  in  certain  cases,  for  if  patients  got  troublesome  it 
was  only  necessary  to  shut  them  up  and  allow  them  to  go  without 
a  meal  or  two,  at  the  same  time  giving  them  plenty  of  water  to 
drink,  when,  "They  will  follow  the  point  of  your  finger  around 
like  a  dog."  Despite  the  above  statement,  there  is  evidence 
that  the  local  administration  is  kindly  disposed  toward  the  pa- 
tients, and  the  attitude  indicated  appears  the  result  of  ignorance 
rather  than  intent. 

The  County  Commissioners  determine  whether  in  a  given  case 
an  insane  patient  is  to  be  committed  to  the  State  Hospital  or  the 
County  Hospital.  They  usually  consult  with  the  visiting  physi- 
cian and  the  superintendent  of  the  almshouse.  In  practice  it 
appears  that  it  is  the  latter's  opinion  which  usually  prevails,  but 
it  should  be  added  that  he  is  said  always  to  recommend  commit- 
3  [33I 


mcnt  to  a  State  hospital  if  in  his  judgment  a  patient  can  be  im- 
proved by  treatment.  While  some  alleged  cases  of  insanity  are 
placed  in  jail  pending  commitment,  others  are  brought  to  this 
institution  and  confined  in  the  insane  ward  with  the  committed 
patients,  it  having  happened  that  patients  have  been  so  confined 
for  three  to  four  weeks  without  commitment. 

It  has  been  proposed  to  enlarge  the  capacity  of  the  insane 
ward,  the  County  supporting  a  considerable  number  of  patients 
in  the  State  hospitals,  whom  it  is  thought  can  be  supported  more 
cheaply  here,  the  question  of  expense  evidently  being  the  only 
factor  considered. 

A  deplorable  feature  of  this  institution  is  the  presence  of  nine 
children  in  the  almshouse,  it  being  remembered  that  paupers  and 
insane  eat  in  the  same  dining-room.  The  almshouse  is  over- 
crowded, especially  in  winter,  and  it  was  recently  necessary  to 
convert  part  of  the  chapel  into  bed  space,  so  good  use  could  be 
made  of  the  insane  wards  if  the  insane  were  removed,  as  would 
seem  most  desirable. 

Institution  No.  26 

Physical  Conditions. — Insane  women  occupy  the  second  floor 
of  a  wing  of  the  almshouse,  entrance  to  which  is  had  only  through 
the  almshouse  wards.  Men  insane  live  in  a  detached  building 
at  the  rear,  which  has  been  properly  condemned  by  the  State 
Committee  on  Lunacy.  This  building  has  a  central  narrow  dark 
hallway,  with  such  small  bed-rooms  on  either  side  that  beds 
occupy  most  of  the  space.  There  is  no  day  space  at  all ;  because 
of  these  and  other  conditions,  male  patients  are  no  longer  ad- 
mitted. Women's  ward  also  lacks  day  space,  owing  to  the  neces- 
sity of  using  part  of  ward  for  a  dining-room.  Both  wards  have 
inside  vertical  iron  bars  at  the  windows,  while  most  of  doors  to 
rooms  have  similar  bars  in  the  upper  half.  Wards  are  bare  and 
unattractive.  One  room  on  women's  ward  is  lined  with  tin  on 
side  walls  for  disturbed  patients.  With  but  a  single  ward  for 
each  sex,  no  classification  is  possible.  Ventilation  is  defective, 
especially  in  toilet  sections,  where  deodorizing  fixtures  were  noted. 

Service  departments  arc  in  good  condition,  save  in  meat- 
cutting  room,  where  several  beef  hearts  were  seen  covered  with 
mold,  and  whore  the  meat  cutting  block  was  in  an  uncleanly 
condition.     I-ire  protection   is  inadequate.     Water   pressure  is 

(34  I 


insufficient  to  throw  water  over  the  building,  as  it  is  obtained  from 
water  tanks  in  the  attic.  Sewage  disposal  is  unsatisfactory; 
sewage  flows  from  a  cesspool  into  trenches,  the  earth  from  which 
is  used  as  a  fertilizer. 

An  unpleasant  spectacle  was  afforded  by  a  number  of  coffins 
piled  one  on  top  of  the  other  in  a  small  storeroom  just  outside  the 
entrance  to  one  of  the  almshouse  wards,  the  door  of  which  was 
left  open  throughout  day  of  visit. 

Administration. — Male  patients  are  all  parole  patients,  and 
hence  no  attendant  is  provided.  There  is  but  one  woman  at- 
tendant, who  also  works  in  the  almshouse  department,  so  pa- 
tients are  left  alone  much  of  the  time.  Owing  to  the  lack  of 
day  space,  most  of  the  patients  were  found  in  their  rooms,  where 
they  were  idly  sitting,  only  willing  workers  being  occupied. 
Dietary  here  is  better  than  is  usual  in  almshouses.  Male  insane 
eat  with  the  male  paupers  at  the  same  table.  There  is  no  en- 
closed exercise  yard  and  such  of  the  patients  as  exercise  do  so  with 
the  paupers,  but  a  large  proportion  of  the  women  never  go  out- 
of-doors,  being  decrepit  and  unable  to  go  up  and  down  stairs 
from  the  second  floor. 

Few  patients  now  in  institution  ever  require  restraint  or 
seclusion,  but  either  may  be  used  at  the  discretion  of  the  at- 
tendant or  lay  superintendent,  the  physician  not  being  consulted. 
The  use  of  morphine  to  quiet  excited  cases  is  regulated  in  the 
same  way,  a  "practical"  nurse  from  the  almshouse  department 
administering  it  if  thought  necessary.  Institution  is  equipped 
with  leather  belt,  strait-jacket  and  leather  handcuffs,  should 
restraint  ever  be  deemed  necessary. 

It  was  formerly  the  practice  to  commit  acute  cases  of  insanity 
to  this  institution,  but  the  present  practice  is  to  commit  such 
cases  to  a  State  hospital,  the  change  in  practice  resulting  from  the 
death  of  a  patient,  while  at  home  on  parole,  from  starvation. 
It  was  said  the  patient  refused  to  eat  because  of  delusions,  and 
the  relatives  not  knowing  how  to  deal  with  the  situation  allowed 
the  patient  to  starve  to  death.  Alleged  cases  pending  commit- 
ment are  placed  either  in  jail  or  with  the  committed  insane  here. 

Institution  No.  27 
Physical  Conditions. — There  are  but  two  wards,  in  the  form  of 
narrow  halls,  the  men  living  one  floor  above  the  women,  so  no 

[35] 


classification  is  possible.  Light  and  air  are  both  deficient. 
Windows  are  but  the  width  of  two  small  old-fashioned  window- 
panes.  As  halls  furnish  most  of  the  day  space,  the  patients  re- 
main in  their  rooms  most  of  the  time,  and  the  practice  of  keeping 
the  doors  closed  renders  the  halls  darker  than  would  otherwise  be 
the  case  even  with  the  small  windows.  Both  wards  open  into 
the  almshouse  proper. 

A  dark  storage  basement  under  the  building  is  in  part  used  for 
a  tramp  room;  being  dark  and  unsanitary,  it  has  been  properly 
condemned  by  the  Committee  on  Lunacy.  General  service 
departments  are  poor.  Kitchen  in  basement  of  almshouse  has  a 
broken  concrete  floor,  is  dark  and  poorly  ventilated,  and  was 
found  in  an  uncleanly  condition,  only  pauper  help  being  here 
employed.  A  barrel  sunk  in  a  spring  is  the  only  cold  storage 
provision.  The  laundry,  situated  in  part  of  the  slaughter  house, 
is  equipped  with  wooden  tubs  only  and  hand  wringers.  The 
clothes  are  dried  on  out-of-door  lines  or  in  the  attic,  and  are  ironed 
in  the  almshouse  basement.  The  boiler  room  for  heating  is 
situated  below  the  surface  of  the  ground,  so  that  the  ashes  have  to 
be  carried  by  hand  up  a  flight  of  steps. 

Sewage  disposal  is  unsanitary.  There  are  two  cesspools,  each 
about  200  feet  from  the  building.  At  times  these  overflow  and 
formerly  would  then  flow  into  a  neighboring  creek,  but  owing  to 
objection  on  the  part  of  the  State  Board  of  Health,  when  over- 
flow occurs  it  is  now  carried  by  ditches  to  waste  land  about  one 
quarter  of  a  mile  distant. 

Fire  protection  is  extremely  poor.  The  only  water  pressure 
is  obtained  from  a  small  attic  reservoir,  with  a  capacity  of  150 
barrels;  there  is  a  second  such  reservoir  which  has  never  been 
used  owing  to  the  expense  of  making  connections.  A  single 
screw  nozle  faucet  for  garden  hose  is  placed  outside,  some  dis- 
tance from  the  building,  and  this  furnishes  the  only  means  of 
fighting  fire,  there  being  no  inside  provisions  whatever.  There 
are  two  unenclosed  outside  iron  fire-escapes.  There  is  a  single 
inside  wooden  stairway  at  the  junction  of  the  building  for  insane 
with  the  almshouse  proper,  there  being  no  outside  exits  at  other 
end  of  building,  except  through  windows,  to  the  fire-escape.  A 
recent  addition  supplied  by  the  steward's  initiative  is  an  outside 
wooden  stairway  to  the  second  floor  at  almshouse  end.  That 
the  fire  risk  from  lack  of  water  has  been  appreciated  is  evinced 

(36] 


by  the  statement  that  plans  have  been  considered  for  connection 
with  the  water  mains  of  the  neighboring  city,  which  pass  directly 
in  front  of  the  property.  As  yet,  however,  no  action  has  been 
taken  owing  to  the  expense  involved. 

The  wards  are  provided  with  outside  iron-barred  window 
guards,  and  in  so-called  "strong  rooms"  such  guards  are  also 
placed  inside  the  windows.  There  is  a  short  hall  on  each  ward, 
at  one  end  of  which  is  the  dining-room  and  at  the  other  end  the 
toilet  section.  The  toilet  facilities  are  all  in  one  open  room. 
There  are  no  hot  water  safety  devices,  although  patients  have  free 
access  to  faucets.  The  hot  water  supply  is  limited,  however, 
being  obtained  only  from  a  heater  on  the  kitchen  stove.  It 
was  admitted  that  the  supply  frequently  becomes  exhausted 
before  bathing  is  completed.  Plumbing  is  old,  worn,  and  much 
of  it  is  concealed  in  the  walls.  It  was  said  that  on  one  occasion 
it  was  necessary  to  tear  up  an  entire  floor  in  order  to  make  neces- 
sary plumbing  repairs.  Each  so-called  "strong  room,"  aside 
from  extra  window  guards,  is  provided  with  an  extra  door  of  open 
iron  grating  inside  the  wooden  door.  Ore  such  room  has  side 
walls  lined  with  tin,  a  disturbed  patient  having  destroyed  the 
plaster.  Benches  and  chairs  are  both  provided,  the  quiet  stupid 
patients  being  kept  on  the  former,  ranged  along  the  side  walls. 
As  it  was  expressed  in  pointing  out  one  such  patient,  "She  usually 
stays  right  there  where  she  is  put  all  day  long." 

Exercise  yards  are  enclosed  by  a  high,  whitewashed  board  fence, 
in  part  surmounted  by  barbed  wire. 

Administration. — Food  service  is  very  poor,  it  being  necessary 
to  carry  all  food  by  hand  from  the  almshouse  through  the  length 
of  the  wards  to  the  dining-rooms.  The  food  served  is  the  same 
as  for  paupers,  and  it  lacks  variety.  The  same  meals  are  served 
on  corresponding  days  each  week,  except  only  as  the  seasons 
change.  Bread,  butter,  molasses,  and  coffee  are  served  for  prac- 
tically every  breakfast  and  supper.  For  the  latter  meal,  how- 
ever, an  onion,  tomato,  or  apple  is  occasionally  added.  Each 
patient  receives  a  glassful  of  butter  weekly,  the  whole  amount 
being  left  in  charge  of  the  individual  patient.  It  is  said  that  some 
consume  their  allotment  within  a  day  or  so,  while  others,  more 
economically  inclined,  keep  the  butter  in  their  rooms  and  make 
it  last  the  entire  week.  Patients  are  also  allowed  to  take  meat 
from  the  table  to  their  rooms  after  the  noonday  meal,  so  that 

[37] 


they  can  save  it  for  supper.  A  woman  patient  was  pointed  out  as 
being  able  to  go  for  long  periods  without  food,  it  being  said  that 
she  had  gone  as  long  as  sixteen  days  without  apparent  injury. 
It  was  added,  with  a  smile,  "She  soon  makes  up  for  lost  time  when 
she  again  starts  to  eat." 

Patients  can  necessarily  receive  but  little  personal  attention, 
the  only  attendants  being  one  married  couple.  In  lieu  of  a  night 
attendant,  a  colored  pauper  is  used  as  an  outside  night  watch- 
man. He  is  not  allowed  to  enter  the  buildings.  The  male 
attendant  was  formerly  a  farmer,  and  neither  he  nor  his  wife 
ever  had  previous  experience  with  insane.  It  should  be  added 
that  they  both  appear  to  be  doing  their  duty  as  well  as  possible 
under  defective  conditions,  and  according  to  their  lights,  this 
being  evinced  by  the  good  housekeeping  and  the  unusually  good 
condition  of  patients'  clothing. 

The  practice  exists  of  keeping  untidy  patients  in  the  toilet 
sections,  and  on  day  of  visit  four  male  patients  were  found  there 
seated  on  a  bench  and  restrained,  it  being  necessary  to  leave  them 
alone  most  of  the  time,  as  the  single  attendant  performed  his 
duties  elsewhere.  One  such  patient  was  said  to  be  constantly 
restrained;  two  of  them  were  fastened  to  the  bench  by  leather 
straps  about  the  waist,  and  one  had  his  hands  secured  by  a  leather 
muff.  The  latter  also  had  a  wire  screen  cage  over  his  head  rest- 
ing on  his  shoulders,  it  being  explained  that  even  when  restrained 
he  tore  his  clothing  with  his  teeth.  These  patients,  together  with 
an  unrestrained  stupid  patient  sitting  with  them,  were  bare- 
footed, their  feet  resting  on  the  concrete  floor.  While  it  was  said 
they  were  not  used  in  the  institution,  steel  handcuffs  are  used  in 
transporting  patients  either  to  or  from  it.  A  disturbed  patient 
who  died  during  the  past  year  was,  in  the  opinion  of  the  local 
authorities,  "worried  to  death."  This  patient  was  so  violently 
disturbed  that  even  when  handcuffed  with  his  hands  behind  his 
back,  or  beneath  his  knees,  and  being  meanwhile  strapped  to  the 
bed,  he  could  free  himself.  On  one  occasion  after  being  locked  in 
his  room  when  restrained  in  the  manner  described,  he  not  only 
freed  himself  but  tore  the  screen  from  the  radiator  and  sustained 
severe  burns,  which  apjiear  to  have  been  at  least  a  complicating 
factor  in  causing  death.  It  was  stated  that  even  when  this 
patient  was  in  one  of  his  wildest  moods,  he  could  be  quieted  when 
the  steward  talked  to  him,  as  it  was  expressed,  "in  a  sensible 

I3SI 


manner."  At  such  times  the  patient  declared  he  was  not  insane 
but  simply  was  unable  to  control  himself.  The  facts  as  given 
would  indicate  that  had  patient  received  proper  personal  at- 
tention, and  had  proper  medical  treatment  been  instituted  for 
the  relief  of  his  mental  condition,  the  case  would  have  had  a  very 
different  termination,  as  the  symptoms  described  indicate  that 
he  was  suffering  from  a  recoverable  form  of  insanity. 

The  visiting  physician  regularly  calls  but  three  times  a  week,  and 
although  it  was  admitted  that  the  State  Committee  on  Lunacy 
had  spoken  about  the  matter,  no  clinical  records  are  kept.  There 
are,  of  course,  no  medical  facilities  or  treatment  for  mental  disease. 

The  separation  of  the  sexes  is  poor,  on  which  account  the  pres- 
ence of  several  erotic  girl  imbeciles  constitutes  a  menace. 

Owing  to  the  fact  that  the  almshouse  only  is  provided  with 
dormitories,  and  the  building  for  the  insane  only  with  single 
rooms,  the  custom  prevails  of  caring  for  certain  of  the  insane  in 
the  almshouse  proper,  and  for  certain  of  the  pauper  inmates  of 
the  almshouse  with  the  insane. 

Alleged  cases  of  insanity  if  quiet  are  cared  for  in  the  almshouse, 
but  if  disturbed  are  placed  in  the  "strong  rooms"  of  the  insane 
department.  Commitment  is  by  the  Commission  process,  the 
Commission  recommending  whether  commitment  shall  be  to  a 
State  hospital  or  the  county  institution.  It  was  freely  admitted 
that  the  issue  was  determined  by  the  degree  of  troublesomeness 
manifested  by  the  patient,  or  should  the  patient  belong  to  one 
of  the  "better  families,"  the  recommendation  is  always  for  com- 
mitment to  a  State  hospital. 

The  almshouse  is  utilized  to  capacity,  is  overcrowded  every 
winter,  and  it  could  well  use  the  building  now  occupied  by  the 
insane,  especially  as  they  would  supplement  one  another  as  re- 
gards single  rooms  and  dormitories.  There  thus  appears  an 
added  reason,  apart  from  the  deplorable  conditions,  why  the  in- 
sane should  be  removed  from  this  institution  at  the  earliest  pos- 
sible moment. 

Institution  No.  28 
Physical  Conditions. — An  extension  from  either  end  of  the 
almshouse  provides  a  single  story  ward  for  the  insane  of  each  sex, 
each  ward  being  connected  with  the  almshouse  proper  by  a  cov- 
ered corridor,  at  the  entrance  to  which  are  doors  of  heavy  iron 

[  39  ] 


grating.  A  similar  iron  door  shuts  off  a  short  hall  on  which  single 
rooms  open,  such  door  being  regarded  as  necessary  when  patients 
are  secluded  in  their  rooms,  although  the  latter  are  locked. 
There  is  a  single  day  room  on  each  side  where  all  types  of  cases 
mingle.  Wards  are  bare  and  in  some  places  plaster  has  fallen, 
although  on  day  of  visit  repairs  were  in  progress  where  such 
damage  was  most  extensive.  Toilet  facilities  are  fairly  satis- 
factory, except  that  the  single  bathtub  for  each  sex  is  placed  in  a 
small  room,  which,  with  but  a  single  small  window,  is  dark  and 
poorly  ventilated,  while  no  hot  water  safety  devices  are  provided. 

Single  rooms  have  no  lights  and  are  locked  at  night.  Several 
such  rooms,  used  for  seclusion,  have  adjoining  toilets  which  have 
no  opening  aside  from  the  door. 

There  is  an  exercise  yard  for  each  sex,  enclosed  by  a  high  iron 
picket  fence;  neither  has  any  shelter.  Although  the  almshouse 
has  porches,  there  are  none  for  the  insane. 

Only  fire  protection  is  provided  by  a  hose  and  standpipe  out- 
side the  iron  doors  at  the  entrance  to  the  corridors  connecting 
the  almshouse  with  the  insane  wards.  The  only  outside  exits 
from  the  latter  are  into  the  exercise  yards,  and  there  is  no  gate 
in  the  surrounding  iron  fence.  But  part  of  the  steam  radiators 
are  protected.  Sewage  disposal  is  most  unsanitary;  sewage 
flows  untreated  into  a  small  creek  about  200  yards  from  the  front 
of  the  building;  when  seen,  the  creek  had  little  water,  sewage 
was  stagnant,  and  there  was  considerable  odor. 

Administration. — Patients  receive  little  personal  attention,  as 
would  be  expected  under  the  conditions,  there  being  but  a  single 
male  and  a  single  female  attendant.  The  former  is  termed  assistant 
superintendent,  works  on  the  farm,  and  admittedly  spends  little 
time  in  the  wards,  which  are  left  in  charge  of  a  trusty  patient  in 
his  absence.  The  woman  attendant  spends  the  greater  portion 
of  her  time  in  the  sick  ward  of  the  almshouse,  being  the  only 
woman  employee  aside  from  the  matron  and  cook.  The  insane 
patients  are,  therefore,  left  to  their  own  devices  much  of  the  time. 
There  is  no  night  employee — not  even  a  watchman. 

The  housekeeping  is  generally  poor — dust  and  cobwebs  being 
much  in  evidence.  Toilet  sections  were  in  particular  disorder. 
A  number  of  beds  were  seen  in  the  afternoon  just  as  they  had  been 
left  by  patients  on  arising  in  the  morning.  Patients  are  allowed 
to  collect  worthless  trinkets  and  rubbish  in  their  rooms,  and  in 

[40I 


one  room  a  large  piece  of  broken  glass  was  noted.  A  patient 
was  found  smoking  in  the  ward  without  exciting  comment. 

Although  clothing  is  of  fair  quality,  it  is  poorly  cared  for — 
in  the  majority  of  cases  buttons  were  found  off  and  clothing 
open;  much  of  clothing  was  soiled  and  some  torn.  One  young 
girl's  dress  was  so  torn  as  to  expose  her  person.  Many  patients 
were  seen  without  shoestrings,  and  a  number  of  both  sexes  seen 
barefooted;  in  the  latter  instances,  from  the  appearance  of  the 
feet,  patients  had  not  worn  shoes  and  stockings  for  a  long  time; 
it  would  have  been  impossible  for  one  man  to  have  done  so, 
because  of  the  extreme  length  of  his  toe-nails. 

Sufficient  food  is  apparently  supplied,  but  there  is  little  va- 
riety.    Meat  is  served  but  three  or  four  times  a  week. 

Only  willing  workers  are  occupied,  and  they  constitute  a  com- 
paratively small  percentage  of  the  total  number.  Idle  patients 
have  no  regular  exercise,  and  on  day  of  visit,  although  weather 
was  favorable,  no  men  were  out.  On  the  women's  side,  however, 
the  door  from  the  ward  to  the  exercise  yard  stood  open,  and  some 
of  the  women  were  found  in  the  yard,  one  lying  prone  on  her 
back  with  the  sun  shining  full  in  her  face,  without  anyone  giving 
heed.  Several  of  the  women  in  the  yard  were  talking  loudly, 
while  on  the  other  side  of  the  open  iron  picket  fence  children 
from  the  almshouse  were  playing. 

There  are  no  recreations.  Only  occasionally  do  a  few  of  the 
insane  attend  religious  services  in  the  almshouse,  and  for  the 
most  part  patients  lead  a  mechanical  and  monotonous  existence. 

With  such  a  limited  amount  of  personal  attention,  restraint 
and  seclusion  are  both  necessarily  used;  the  forms  of  restraint 
used  include  leather  wrist  cuffs  and  muflfs  and  the  strait-jacket. 
One  woman  patient  is  constantly  restrained  with  leather  muffs, 
so  she  has  to  be  fed  and  undressed  by  others.  It  was  ex- 
plained that  "She  tears  her  clothing  and  is  very  bad."  When 
patient  was  questioned,  she  said,  "  I  would  be  good  if  they  would 
take  this  off,"  indicating  the  muffs.  As  to  seclusion,  the  at- 
tendant remarked  that  it  was  rarely  necessary  to  keep  them 
locked  up  more  than  half  a  day,  as  "That  is  usually  enough  to 
tone  them  down."  A  paralyzed  man  was  found  locked  in  his 
room  with  both  the  bed  and  floor  in  a  foul  condition,  but  the  door 
was  again  locked,  the  condition  found  causing  no  comment. 

There  are  no  special  medical  facilities  except  that  a  seriously 

I  41] 


sick  patient  is  removed  to  the  sick  ward  in  the  almshouse,  which 
is  an  ordinary  dormitory  set  apart  for  the  purpose.  The  visiting 
physician  calls  regularly  but  once  a  week,  and  that  patients  do 
not  receive  sufficient  medical  attention  is  evinced  by  the  condition 
in  which  a  stupid  male  patient  was  found.  He  had  a  large  abscess 
on  the  side  of  his  neck,  evidently  of  some  duration,  as  the  pus  had 
burrowed  a  considerable  distance  through  the  tissues.  Although 
the  superintendent  inquired  of  other  patients  how  long  the  condi- 
tion had  existed,  nobody  was  found  who  knew  anything  about  it. 

An  unfortunate  feature  of  the  situation  is  that  the  visiting 
physician  believes  that  acute  cases  of  insanity  can  be  cared  for 
here  without  difficulty,  his  idea  of  the  treatment  of  mental  disease 
being  summed  up  in  the  phrase,  "Build  them  up." 

Alleged  cases  of  insanity  are  sent  here  pending  commitment, 
and  they  often  remain  several  weeks,  no  distinction  being  made 
between  them  and  the  committed  cases.  One  male  case  at  pres- 
ent in  the  institution  has  been  here  for  several  months,  the  ex- 
amining physicians  having  refused  to  commit  him,  and  his  rela- 
tives having  refused  to  allow  him  to  return  home. 

An  unfortunate  tendency  was  observed  here  as  in  several  other 
county  institutions  in  reference  to  general  visitors.  On  day  of 
visit,  there  were  three  parties  of  general  visitors,  whose  interest 
in  seeing  the  insane  was  quite  evidently  one  of  morbid  curiosity, 
as  they  did  not  fail  to  make  audible  comments  about  the  women 
patients  as  they  stared  at  the  latter  through  the  iron  fence  sur- 
rounding the  exercise  yard. 

All  positions  in  both  insane  department  and  almshouse  are 
regarded  as  political  assets,  even  the  male  attendant  receiving  his 
appointment  as  a  reward  for  political  service.  The  superin- 
tendent is  a  former  farmer,  who  frankly  admits  he  knows  nothing 
about  the  insane. 

Were  the  insane  removed  from  this  institution,  as  existing 
conditions  render  most  advisable,  the  two  wards  could  be  used  to 
advantage  by  the  almshouse,  where  every  winter  there  exists  much 
overcrowding. 

Institution  No.  29 

Physical  Conditions. — The  institution  is  inaccessible,  except 
by  private  conveyance;  it  is  located  six  miles  from  the  nearest 
railroad,  over  poor  highways.  The  almshouse  adjoins  a  recently 
erected,  substantial,  fireproof  building  for  the  insane  which  has 

[42  I 


but  a  single  ward  for  each  sex,  men  occupying  the  first  floor  and 
women  the  second.  A  prison  effect  is  produced  by  heavy  iron 
bars  at  the  windows  and  iron  grating  doors  outside  wooden  ones 
at  the  outside  entrance.  Toilet  facilities  are  modern,  but  there 
is  an  insufficient  number  of  wash-basins.  Dormitories  are  excel- 
lent, but  there  is  only  one,  single  room  for  each  sex.  There  is  a 
lack  of  day  room  space,  considering  the  number  of  patients  cared 
for.  As  a  result  of  the  impossibility  of  classification  and  the 
close  physical  contact,  two  discolored  eyes  were  noted  among  the 
women  patients.  Some  overcrowding  was  evident,  and  a  few 
mattresses  on  the  floor  indicated  lack  of  sufficient  bed  space. 

Service  departments  are  in  basement,  where  the  dining-room 
also  is  located.  Decrepit  patients  eat  in  the  ward,  and  two  cases 
were  noted  of  patients  eating  from  the  top  of  a  screened  radiator. 
Food  is  apparently  satisfactory. 

Service  departments  are  generally  well  conducted,  particularly 
the  outside  departments,  under  the  direction  of  the  almshouse 
steward.  Farm  work  especially  appears  to  be  done  in  an  effi- 
cient manner. 

There  is  no  provision  for  fire  fighting,  except  water  lines,  the 
pressure  in  which  is  obtained  only  from  tanks  in  the  neighboring 
almshouse  attic,  and  which  are  therefore  unreliable  and  insuf- 
ficient. Dependence  is  admittedly  placed  on  fireproof  construc- 
tion of  building,  although  it  has  the  usual  interior  wooden  trim. 
Kerosene  is  kept  in  the  basement. 

Raw  sewage  fiows  into  a  neighboring  creek,  but  plans  have 
been  formulated  for  two  settling  tanks. 

Exercise  yard  is  enclosed  with  wire  netting,  but  exercise  is 
irregular,  and  is  only  possible  when  resident  physician  is  present 
to  act  as  an  attendant,  owing  to  the  limited  number  of  attendants 
employed.  In  his  absence  on  day  of  visit  patients  were  not  out 
for  exercise. 

A  so-called  "cell"  in  the  basement  is  used  for  seclusion.  It 
is  an  unfurnished  room  with  a  single  high  basement  window,  so 
light  and  air  are  deficient ;  it  has  a  concrete  floor  with  a  drain  in 
the  center,  in  lieu  of  toilet  facilities,  and  is  provided  with  a  heavy 
wooden  door  of  double  timbers.  While  patients  in  seclusion  are 
taken  to  the  toilet  during  the  day,  the\'  are  not  at  night,  the  room 
being  flushed  with  a  hose  in  the  morning.  It  had  been  vacated 
day  prior  to  visit  and  an  odor  was  still  perceptible. 

[43] 


While  the  main  almshouse  building  was  fairly  acceptable, 
two  detached  buildings  for  male  paupers  were  in  a  dilapidated 
condition;  one  has  been  condemned  by  State  authorities,  and 
it  would  appear  that  both  should  be.  Plans  have  been  formu- 
lated for  a  building  to  replace  the  condemned  almshouse  build- 
ing, but  such  necessity  would  not  exist  could  the  insane  be  re- 
moved from  this  institution,  as  the  lack  of  facilities,  especially 
regrettable  in  a  new  building,  renders  desirable. 

Administration. — Existing  conditions  are  held  responsible  for 
the  free  use  of  restraint,  although  they  do  not  seem  to  offer  an 
excuse  for  the  forms  employed.  On  day  of  visit  a  man  was  re- 
strained with  steel  handcuffs,  fastened  tightly  about  his  wrists, 
because,  as  it  was  explained,  "If  they  were  loose,  he  would  free 
himself."  Both  wrists  were  abraded,  evidently  as  a  result  of  his 
struggles.  He  repeatedly  asked  to  be  freed,  and  when  he  was 
asked  why  he  did  not  conduct  himself  properly,  he  inquired  in 
turn  how  could  he  with  the  handcuffs  on.  When  seen,  he  was 
sitting  on  a  chair  talking  in  a  moderate  tone,  and  showing  no 
great  unrest.  Comment  being  made  on  the  form  of  the  restraint 
when  the  ward  was  first  visited,  it  was  noted  when  passing  through 
the  ward  later  that  the  handcuffs  had  been  removed.  The 
patient  was  moving  rather  restlessly  about,  but  was  smiling  and 
less  talkative  than  when  first  seen,  making  no  trouble  whatever. 
He  was  said  to  be  a  recurrent  maniacal  case  and  able  to  tell 
the  day  before  when  an  attack  is  impending.  He  will  then 
spend  considerable  time  dashing  cold  water  over  his  head,  but 
such  efforts  on  the  part  of  the  patient  do  not  appear  to  have  ever 
caused  his  caretakers  to  think  of  using  showers,  wet  packs,  or 
such  forms  of  hydrotherapy  as  are  possible  without  special  ap- 
paratus. The  forms  of  restraint,  aside  from  steel  handcuffs, 
include  the  strait-jacket,  leather  cuffs  and  anklets,  the  latter 
being  exhibited  in  a  broken  condition,  a  male  patient  having 
succeeded  in  freeing  himself  from  them. 

A  fair  proportion  of  the  patients  are  occupied,  but  occupation 
is  unregulated  except  in  accord  with  the  demands  of  the  Board 
of  Directors,  who  are  said  to  be  constantly  complaining  that  an 
insufficient  amount  of  work  is  obtained  from  the  patients. 

Medical  facilities  are  limited,  even  for  the  treatment  of  physi- 
cal disease,  which  is  admittedly  the  only  medical  treatment. 
The  resident  physician  was  recently  appointed,  after  answering  an 

[44] 


advertisement,  and  so  far  as  known  has  never  had  any  experience 
with  the  insane.  He  is  allowed  to  engage  in  general  practice. 
Nobody  knew  the  cause  of  his  absence  on  day  of  visit,  or  when  he 
was  apt  to  return.  A  single  tubercular  patient  mingles  with  the 
others  without  restriction. 

There  is  a  general  atmosphere  of  depression  pervading  the 
institution,  and  the  punitive  idea  prevails.  Attendants  were 
heard  ordering  patients  in  a  most  peremptory  manner  to  perform 
various  tasks. 

Business  affairs  and  the  matter  of  supplies  are  in  charge  of  the 
almshouse  superintendent.  The  latter  is  of  progressive  ten- 
dencies, and  has  made  numerous  changes  during  his  tenure  of 
office  tending  to  a  more  business-like  administration. 

Institution  No.  30 

Physical  Conditions. — Main  building  for  insane  is  of  an  old 
type,  but  fairly  satisfactory.  A  detached  building,  however, 
used  by  untidy  patients,  is  dilapidated  and  unfit  for  occupancy. 
The  neighboring  almshouse  building  is  of  recent  construction, 
and  is  much  superior  to  any  other  building  of  the  entire  plant. 
Aside  from  wards  in  detached  building,  insane  wards  are  well 
furnished  and  comfortable.  Toilet  facilities,  however,  are  in- 
sufficient in  number  and  in  part  of  an  old,  antiquated  type. 
Steam  radiators  are  but  partly  protected,  although  work  is  in 
progress  to  screen  them  all,  following  recommendation  of  State 
Committee  on  Lunacy  made  nearly  two  years  ago. 

Kitchen  is  too  small,  but  is  well  equipped.  A  new  building  is 
in  process  of  erection  to  replace  present  unsatisfactory  laundry; 
it  will  likewise  provide  an  amusement  hall,  the  present  one  on  the 
fourth  floor  furnishing  an  undue  fire  risk.  Cold  storage  facilities 
are  inadequate,  but  otherwise,  except  as  noted,  service  depart- 
ments are  satisfactory. 

Fire  protection  is  fair,  but  no  fire  drills  are  held,  being  regarded 
as  undesirable. 

Exercise  yard  is  enclosed  by  a  high  iron  picket  fence,  and 
divided  by  a  brick  wall  for  the  sexes.  However,  the  practice 
of  allowing  patients  to  exercise  on  the  open  lawn  is  increasing. 

There  is  a  modern  hydrotherapeutic  plant,  including  continu- 
ous baths,  but  it  is  poorly  located.  Disturbed  patients,  for  whom 
such  treatment  is  mostly  indicated,  are  kept  on  the  floor  above 

[45I 


and  it  is  necessary  not  only  to  bring  them  downstairs  but  through 
a  hallway  and  the  main  dining-room  to  receive  hydrotherapeutic 
treatment,  so  its  use  must  necessarily  be  restricted. 

While  two  wards  are  set  apart  for  the  reception  of  new  cases, 
neither  have  any  special  facilities.  There  is  no  provision  for  the 
isolation  of  tubercular  cases,  except  that  advanced  cases  are  kept 
in  single  rooms. 

Administration. — Formerly  the  superintendent  of  the  alms- 
house was  the  executive  head  of  the  whole  plant,  but  in  recent 
months  a  change  was  made  whereby  the  resident  physician  be- 
came chief  executive  of  the  insane  hospital;  he  has  no  voice  as 
to  supplies,  however,  other  than  strictly  medical  ones,  and  cloth- 
ing, food,  etc.,  are  not  regarded  in  the  latter  category.  An  even 
more  serious  administrative  defect  is  that  while  the  physician  may 
indicate  which  patients  may  go  outdoors  for  work,  they  are  under 
the  direction  of  the  almshouse  superintendent  as  soon  as  they 
leave  the  ward,  so  the  physician  has  no  voice  as  to  the  tasks 
assigned  individual  patients,  and  there  is  considerable  evidence 
that  the  needs  of  the  work  are  considered  before  the  needs  of  the 
patients.     There  are  no  occupational  classes. 

A  good  result  following  the  administrative  change  is  the  re- 
duction of  restraint  and  seclusion.  On  day  of  visit  but  a  single 
patient  was  restrained,  being  a  homicidal  woman  who  had  one 
hand  only,  secured  by  a  leather  cuff  and  fastened  to  a  leather  belt 
about  her  waist. 

There  is  an  insufficient  number  of  attendants  and  but  a  single 
graduate  nurse  to  care  for  the  sick,  not  only  in  the  insane  hospi- 
tal but  in  the  almshouse.  It  is  said,  however,  that  a  training 
school  for  nurses  is  planned.  There  are  but  two  physicians  to 
care  for  over  500  insane  patients  and  the  sick  in  the  almshouse, 
but  it  is  said  another  physician  is  to  be  added  to  the  staff.  There 
is  no  provision  for  dental  work. 

There  is  no  reason  to  doubt  but  that  patients'  material  comfort 
receives  proper  attention,  although  the  care  given  is  but  custo- 
dial. There  is  a  lack  of  facilities,  not  only  for  the  treatment  of 
acute  insanity,  but  for  the  treatment  of  physical  ills.  There  is  no 
pathologic  work  and  but  a  meager  amount  of  clinical  laboratory 
work,  the  facilities  for  which  arc  limited  and  crude.  Medical 
records  are  poor,  but  impro\cmcnts  in  this  respect  are  planned. 

Defective  discipline  prevails;  an  attendant  was  found  smoking 
in  the  ward  without  exciting  comment. 

I46I 


Business  methods  are  defective  and  do  not  provide  for  the 
rejection  of  unsatisfactory  deliveries  of  supplies.  There  is  in- 
sufficient checking  of  the  latter,  so  that  the  interests  of  the  in- 
stitution are  not  sufficiently  safeguarded. 

There  is  evidence  that  political  influences  have  frequently 
asserted  themselves  in  regard  to  hospital  matters,  especially  con- 
cerning appointments  to  the  higher  positions. 

In  view  of  the  fact  that  the  excellent  almshouse  building  has 
never  yet  been  occupied  to  capacity,  while  part  of  the  insane 
are  occupying  a  building  unfit  for  habitation,  it  would  seem  de- 
sirable that  the  whole  plant  be  converted  to  the  use  of  the  insane 
alone.  Could  such  a  plan  be  adopted,  this  institution  would 
form  the  nucleus  of  a  good  State  hospital,  material  facilities  being 
in  the  main  satisfactory.  The  comparatively  large  acreage  here 
available  would  permit  of  future  development. 

Institution  No.  31 
Physical  Conditions. — The  insane  occupy  two  buildings,  situ- 
ated between  the  main  almshouse  building  on  one  side  and  the 
almshouse  hospital  building  on  the  other,  all  being  connected  by 
covered  passageways.  One  building  for  the  insane  is  of  com- 
paratively recent  construction  and  fairly  satisfactory;  it  lacks 
sufficient  toilet  and  bath  facilities,  however,  and  some  of  the 
plumbing  is  placed  so  low  as  to  afford  opportunity  for  suicidal 
attempts.  Heating  facilities  are  insufficient.  In  the  old  build- 
ing the  floors  are  badly  worn,  walls  are  smoked,  cracked  and 
broken,  woodwork  is  worn,  and  paint  is  generally  needed.  The 
ceilings  are  low,  there  are  numerous  dark,  narrow  passageways, 
and  its  dilapidated  condition  renders  it  unfit  for  human  occu- 
pancy. Some  of  the  patients'  rooms  in  this  building  have  iron 
grating  doors  inside  of  solid  wooden  ones,  and  have,  in  addition 
to  the  usual  outside  iron-barred  window  guards,  heavy  wire 
screens  placed  inside  the  windows.  On  one  of  the  women's 
wards  a  heavy  iron-barred  partition  extends  from  the  floor  to  the 
ceiling,  shutting  ofif  one  end  of  the  hall,  so  that  patients  cannot 
reach  the  windows.  Part  of  toilet  sections  have  wooden  floors, 
and  toilet  accommodations  are  not  only  insufficient  but  anti- 
quated, worn,  and  unsanitary.  Numerous  small,  dark  closets 
are  found  and,  in  general,  light  and  ventilation  are  extremely 
poor.     Benches  provide  the  only  seating  facilities,  and  being 

[47] 


devoid  of  any  decorative  features,  the  interior  of  the  old  build- 
ing presents  a  most  dismal  and  desolate  appearance. 

The  dining-rooms  in  the  old  building  are  particularly  objec- 
tionable, there  being  no  service  facilities.  Food  appears  satis- 
factory, although  a  stereotyped  m4nu  is  repeated  weekly. 

Lighting  is  by  electricity,  but  in  the  old  building  wiring  is 
attached  to  the  surface  of  walls  and  ceilings,  and  is  easily  acces- 
sible to  patients.  Although  steam  radiators  are  unprotected,  it 
was  said  a  contract  has  been  let  to  install  protecting  screens. 

Sewage  flows  untreated  into  a  creek  about  500  feet  from  the 
rear  of  the  buildings.  Fire  protection  is  defective,  especially  in 
the  old  building.  Water  pressure  is  variable  and  is  not  always 
sufficient  to  reach  the  upper  floors. 

Exercise  yard  is  below  the  ground  level  on  one  side,  being  dug 
out  of  a  hillside,  so  that  it  is  at  the  ground-fioor  level  of  the  ad- 
joining building,  which  stands  on  the  slope.  The  yard  is  sur- 
rounded by  whitewashed  stone  walls  and  is  divided  in  the  middle 
for  the  sexes.  Patients  exercising  here  can  be  heard  easily  on 
the  street  in  front,  the  institution  being  located  in  a  residential 
suburb,  and  it  is  admitted  that  neighbors  occasionally  complain. 

The  outside  departments  belong  to  the  almshouse  and  patients 
working  in  them  are  under  the  direction  of  the  almshouse  su- 
perintendent. The  rear  yards  and  those  about  the  farm  build- 
ings were  found  littered  with  considerable  rubbish  and  flies  were 
numerous.  But  a  short  distance  from  the  springhouse,  where 
milk  is  handled,  at  a  point  about  500  yards  from  the  patients' 
buildings,  is  a  frame  piggery  found  in  a  most  unsanitary  state, 
rubbish  and  garbage  being  scattered  over  the  ground  about  it. 
It  was  remarked:  "This  condition  probably  accounts  for  the 
many  flies  throughout  the  institution." 

The  new  building  contains  practically  all  dormitories  and  the 
old  one  practically  all  single  rooms,  hence  classification  is  dif- 
ficult. The  official  capacity  has  been  increased  as  patients  have 
increased,  although  without  additional  accommodations,  and  a 
serious  degree  of  overcrowding  exists,  as  is  shown  by  local  calcu- 
lations, which,  including  both  bedroom  space  and  dayroom  space, 
give  but  350  cubic  feet  of  air  space  per  patient. 

There  is  no  hydrotherapeutic  apparatus  and  no  special  medical 
facilities,  aside  from  a  small,  but  well-equipped  clinical  labora- 
tory, established  by  a  former  physician,  but  the  present  resident 

[48] 


physician  has  no  opportunity  to  use  it,  having  no  assistant,  and 
being  charged  with  the  care  of  over  300  insane  patients,  besides 
the  physically  sick  in  the  almshouse. 

There  is  a  detached  building  for  contagious  diseases  which 
stands  idle  most  of  the  time.  In  view  of  the  fact  that  tubercular 
cases  have  to  be  kept  with  other  patients,  it  would  seem  that 
such  a  building  should  be  utilized  for  their  care.  New  tubercu- 
lar cases  not  infrequently  develop  in  the  wards,  in  the  majority 
of  instances  the  disease  resulting  fatally,  and  of  the  total  number 
of  deaths  occurring  the  last  hospital  year,  27  per  cent,  were  from 
tuberculosis.  It  was  said  that  the  State  Committee  on  Lunacy 
directed  that  the  insane  hospital  should  use  the  above-mentioned 
building,  but  the  Board  of  Directors  adopted  a  resolution  oppos- 
ing such  suggestion  and  no  further  action  has  been  taken.  It 
was  said  that  such  building  when  erected  was  approved  by  the 
State  Board  of  Charities  with  the  understanding  that  it  should  be 
used  only  for  cases  of  contagious  diseases  occurring  in  the  in- 
stitution, but  the  Board  of  Poor  Directors  have  used  it  only  for 
cases  of  contagious  disease  occurring  outside  the  institution. 

The  almshouse  hospital  building  is  much  less  objectionable 
than  the  old  building  for  the  insane,  and  hence  the  practice  of 
caring  for  occasional  sick  insane  patients  in  it  is  less  inhumane 
than  might  appear  at  first  sight. 

Administration. — There  is  reason  to  believe  that  the  custodial 
care  given  is  as  good  as  could  be  expected  under  the  conditions, 
but  it  is,  of  course,  custodial  care  only.  Patients'  clothing  is 
above  the  average  and  they  apparently  receive  as  much  personal 
attention  as  is  possible  with  a  meager  number  of  attendants. 
Strict  rules  are  enforced  as  to  ill-treatment  of  patients,  and  dur- 
ing the  past  year  two  attendants  were  placed  under  arrest  on 
evidence  that  they  had  ill-treated  a  patient. 

Restraint  and  seclusion  have  been  reduced  to  a  minimum, 
although  it  is  unfortunate  that  some  of  the  attendants  regard  the 
latter  as  "just  for  punishment."  The  more  objectionable  forms 
of  restraint  have  been  abolished,  including  leather  muffs,  wrist- 
lets, and  straps. 

A  fair  percentage  of  the  patients  are  occupied,  but  there  are 
no  occupational  classes  and  work  is  unsystematized.  There  are 
but  limited  facilities  for  recreation. 

Both  sexes  occupy  both  buildings,  and  separation  of  sexes  is 
4  [49I 


poor.  While  communicating  doors  between  their  respective 
wards  are  supposed  to  be  kept  locked,  it  was  admitted  that  such 
a  condition  is  only  obtained  with  difficulty.  This  is  the  more 
serious  by  reason  of  the  large  number  of  defectives  cared  for,  who 
present  no  evidence  of  insanity.  No  effort  is  at  present  made  to 
discharge  them,  as  in  the  past,  when  discharged,  they  have 
either  been  recommitted  as  insane  or  been  returned  to  the  alms- 
house, in  which  circumstance  it  is  the  policy  of  the  Directors  to 
have  them  committed  as  insane,  although  admittedly  without 
mental  symptoms,  apart  from  defectiveness. 

As  one  of  the  insane  buildings  should  be  at  once  abandoned 
and  as  the  almshouse  is  overcrowded  every  winter,  it  would 
appear  desirable  that  the  insane  be  removed  from  this  institu- 
tion and  the  almshouse  given  the  use  of  the  more  recently  con- 
structed building  for  the  insane. 

Institution  No.  32 

Physical  Conditions. — The  insane  hospital  with  the  adjoining 
almshouse  is  maintained  by  a  specially  created  Poor  District, 
but  the  two  institutions  are  independently  administered,  except 
as  supplies  for  both  are  purchased  together.  The  building  for 
the  insane  is  not  unsatisfactory,  except  for  such  defects  as  poor 
natural  lighting  in  places,  defective  ventilation,  and  certain  other 
less  important  defects,  all  of  which  could  be  improved  by  altera- 
tions. The  main  almshouse  building  is  the  superior  structure, 
and  so  far  as  structural  conditions  are  concerned  is  better  adapted 
for  the  insane  than  is  the  building  now  used  for  them. 

There  are  two  separate  laundries,  two  storerooms,  two  kitchens, 
etc.,  but  space  is  lacking  for  adequate  service  facilities  for  the 
hospital,  several  such  departments  being  in  the  basement  with 
especially  poor  light  and  ventilation. 

The  upper  sashes  in  the  hospital  are  permanently  fastened, 
the  lower  ones  being  guarded  by  outside  straight  iron  bars. 
Varying  sized  dormitories  provide  fair  classification  at  night,  but 
day  classification  is  unsatisfactory.  Excellent  porches  for  de- 
crepit patients  constitute  a  good  feature.  On  all  wards  there  is 
a  lack  of  chairs  and  benches,  patients  lying  on  the  floor,  even  in 
the  passages  to  the  water  sections. 

Ventilation  is  generally  defective,  a  distinct  odor  being  ob- 
served throughout  the  institution,  but  it  is  especially  marked  in 

[50] 


the  infirmary.  There  is  a  system  of  ventilating  flues,  but  the 
fact  that  the  openings  to  them  were  in  several  instances  stuffed 
with  socks  and  old  rags  may  have  had  some  relation  to  the  con- 
dition found. 

There  are  no  special  reception  wards,  while  the  infirmaries  for 
the  sick  lack  special  facilities.  There  is  no  provision  for  isola- 
tion of  tubercular  or  contagious  cases.  There  are  no  hydro- 
therapeutic  apparati,  no  facilities  for  pathological  work,  and 
but  crude  facilities  for  the  meager  amount  of  clinical  laboratory 
work  done. 

The  toilet  facilities  are  insufficient,  despite  which  two  toilet 
sections  were  found  unused,  it  being  explained,  "It's  hard  to 
watch  them  in  here  and  they're  apt  to  hurt  themselves."  Some 
toilets  were  out  of  order  and  emitting  an  odor.  The  plumbing 
is  old  and  some  leaks  were  observed.  Hot  water  safety  devices 
were  lacking  and  it  was  admitted  that  at  least  one  patient  has 
been  seriously  scalded  by  hot  water. 

Two  basement  dining-rooms  are  particularly  objectionable, 
being  dark  and  ill-ventilated  as  well  as  devoid  of  furniture 
except  bare  tables  and  chairs.  Old  dented  tinware  is  used. 
The  two  main  dining-rooms  have  windows  on  but  one  side,  so 
light  and  air  are  also  deficient  in  them.  The  food  elevators  are 
lined  with  wood,  and  although  the  local  authorities  recommended 
that  they  be  replaced  over  two  years  ago,  no  action  was  ever 
taken.  The  basement  kitchen  is  also  poorly  lighted  and  ven- 
tilated. While  there  is  a  direct  refrigerating  plant,  it  is  badly 
located  at  the  rear  of  the  dynamo  room,  which  in  turn  is  at  the 
rear  of  the  kitchen  and  laundry.  The  entrance  to  the  plant  is 
at  the  side  farthest  from  the  kitchen,  and  here  considerable 
refuse  was  noted. 

The  water  supply  is  limited,  but  could  be  improved  by  addi- 
tional wells,  the  single  well  now  used  in  conjunction  with  other 
supply  having  a  good  flow.  The  sewage  flows  untreated  into  a 
neighboring  river.  Fire  protection  is  fair,  but  could  be  improved. 
A  considerable  quantity  of  rags  and  some  refuse,  including  a  pile 
of  mouldy  shoes,  were  found  in  the  basement,  although  a  trusty 
patient  was  seen  here  smoking  a  pipe. 

Administration. — The  housekeeping  is  generally  poor;  in  the 
male  infirmary  sputum  was  seen  on  the  floor  with  flies  clustering 
about.     Here  also  soiled  linen  was  found  stored  in  a  bathtub. 

[51] 


All  the  toilet  sections  were  in  disorder ;  water  was  splashed  about 
and  in  one  bathroom  the  central  floor  drain  was  obstructed  by 
the  contents  of  a  cuspidor  emptied  over  it. 

The  food  service  was  unusually  poor;  patients  straggle  in  a 
few  at  a  time  and  immediately  proceed  to  seize  the  food  placed 
on  the  tables  before  their  entrance.  The  food,  however,  is  satis- 
factory, but  a  bad  feature  is  the  practice  of  allowing  some  pa- 
tients extra  food  supplies  at  the  discretion  of  attendants.  There 
appears  to  be  an  unnecessary  amount  of  food  waste,  but  it  is  not 
locally  regarded  as  waste,  as  the  hospital  sells  garbage  to  the 
almshouse  for  the  privilege  of  buying  pork  under  the  market 
price. 

Occupation  receives  some  attention,  but  there  are  no  special 
occupational  classes  or  re-educational  work,  as  such.  Patients 
working  on  the  farm  are  under  the  direction  of  the  almshouse 
superintendent  after  leaving  the  ward.  The  matter  of  exercise 
receives  attention,  and  a  good  feature  is  the  absence  of  an  enclosed 
exercise  yard.  There  are  some  recreations,  but  their  employment 
is  unsystematized.  There  is  an  assembly  hall  on  the  fourth  floor, 
and  while  there  are  outside  fire-escapes,  these  do  not  obviate  the 
danger  of  panic  in  case  of  fire. 

The  patients*  clothing  is  of  fair  quality,  but  receives  little 
attention,  being  disordered  in  the  majority  of  cases  and  not  in- 
frequently torn.  Even  with  the  women,  when  clothing  was  so 
torn  as  to  expose  patients'  limbs  and  bodies,  the  matter  appa- 
rently was  regarded  with  indifference.  Although  there  is  an 
insufficient  force  of  attendants,  discipline  appears  poor  and  per- 
sonal attention  seems  even  less  than  would  be  possible  with  the 
number  of  attendants  provided.  For  instance,  a  male  patient 
was  found  locked  in  his  room,  both  bed  and  floor  being  in  a  foul 
condition,  as  well  as  the  patient's  person,  but  the  door  to  the 
room  was  again  locked  without  comment  being  made.  Another 
man  locked  in  his  room  was  found  nude  on  a  mattress,  the  only 
article  in  the  room;  he  was  said  to  be  dangerous  and  the  door 
was  opened  with  caution,  but  he  responded  to  greeting  with  a 
smile  and  made  no  hostile  move.  Another  secluded  man  was 
noisy  and  pounding  on  the  window-sill  with  a  tin  cup,  no  effort 
being  made  to  take  it  from  him.  A  secluded  woman  had  bits 
of  food  on  the  bed  and  smeared  on  her  person,  and  every  patient 
found  secluded  was  either  nude  or  partially  so,  while  such  cloth- 

[52] 


ing  as  they  possessed  was  in  most  cases  soiled.  On  all  wards 
patients  were  allowed  to  roam  about  in  a  disorderly  manner, 
attendants  giving  no  heed,  unless  an  altercation  between  them 
occurred.  Many  patients  were  barefooted,  especially  in  the 
infirmaries,  where  bed  patients  wandered  about  in  their  night 
clothes,  which  in  some  instances  were  soiled.  In  the  women's 
infirmary,  with  thirty  beds,  no  attendant  was  seen  for  five  minutes 
after  entering  the  ward. 

The  boast  is  made  that  abuse  of  patients  has  been  abolished 
here  and  it  is  true  there  appears  no  evidence  of  physical  abuse, 
but  the  above  clearly  indicates  neglect.  It  was  said  that  re- 
straint was  rarely  used  and  that  half  a  dozen  cases  were  a  fair 
daily  average  for  the  number  in  seclusion.  However,  twenty- 
one  patients  were  counted  who  were  locked  in  their  rooms,  and 
when  this  fact  was  mentioned  it  was  explained  that  to  merely 
lock  a  patient  in  his  room  was  not  seclusion  unless  it  was  against 
the  patient's  will. 

The  clinical  records  are  worthless  from  a  psychiatrical  stand- 
point. Emphasis  is  laid  on  the  physical  findings,  which,  excel- 
lent though  they  be,  do  not  render  any  the  less  regrettable  the 
fact  that  in  many  instances  no  mental  notes  at  all  are  deemed 
necessary.  The  modern  classification  of  insanity  is  deemed 
undesirable.  It  is  explained  that  the  practicing  physicians  in 
the  neighborhood  are  unfamiliar  with  it,  and  there  is  evidently 
no  conception  of  the  institution  as  a  disseminator  of  psychiatrical 
knowledge. 

As  contrasted  with  the  conditions  in  the  hospital,  the  alms- 
house is  administered  on  a  much  higher  plane.  There  is  evidence 
that  the  inmates  receive  good  personal  attention,  the  general 
housekeeping  is  excellent,  and  the  service  departments  are  not 
only  better  arranged  but  better  conducted.  As  the  almshouse 
has  never  yet  been  filled  to  capacity,  and  in  view  of  the  excellent 
material  conditions  there  obtaining,  it  would  appear  entirely 
feasible  to  provide  accommodations  elsewhere  for  the  almshouse 
inmates,  taking  over  this  whole  plant  for  the  care  of  the  insane. 
The  defects  of  the  institution  as  a  whole  are  administrative 
rather  than  material.  The  more  serious  of  the  material  defects, 
moreover,  are  remediable  without  undue  expenditure. 


53] 


Institution  No.  33 

Physical  Conditions. — The  insane  Hve  in  the  main  almshouse 
building.  The  women  occupy  the  second  floor  of  one  wing,  with 
a  few  beds  on  the  third  floor,  where  some  patients  hve  with  the 
pauper  women.  The  men  occupy  the  second  and  third  floors  of 
the  opposite  wing  and  have  wards  to  themselves.  The  women's 
wards  are  provided  with  plants.  The  women  are  allowed  to 
decorate  their  rooms  with  their  personal  possessions  and  they 
are  not  unattractive  in  appearance.  The  men's  wards,  however, 
are  bare  and  bleak,  possessing  no  decorative  features  whatso- 
ever. Chairs  and  benches  are  both  provided,  but  the  latter 
predominate  on  the  men's  side.  Throughout  the  building,  in- 
terior repairs  are  needed,  side  walls  and  floors  being  broken  in 
numerous  places  and  paint  generally  is  lacking.  There  is  in- 
sufhcient  day  space  and  the  patients  were  generally  found  in  their 
rooms.  Toilet  accommodations  are  insufficient,  the  plumbing 
is  old,  and  much  of  it  is  concealed  in  the  walls,  but  it  is  kept  in 
good  repair.  While  iron  beds  are  used,  they  are  poorly  con- 
structed and  several  were  noticed  with  parts  loose.  Straw  ticks 
are  used,  but  the  bedding  is  clean  and  the  housekeeping  generally 
good,  especially  on  the  women's  side. 

Although  the  pauper  inmates  and  the  insane  have  separate 
tables,  they  eat  in  the  same  dining-rooms,  the  children  eating 
with  the  women.  The  dining-room  appointments  are  crude,  the 
dietary  is  stereotyped  and  bread  and  molasses  with  either  tea 
or  coffee  form  the  staples  for  breakfast  and  supper;  the  food  is 
apparently  sufficient,  however.  The  kitchen  has  little  equip- 
ment. There  is  a  general  lack  of  fly-screens  and  flies  were 
numerous  on  the  occasion  of  the  visit.  Most  of  the  service 
departments  are  in  the  basement,  where  light  and  air  are 
deficient. 

Raw  sewage  flows  into  a  neighboring  creek.  There  is  fair 
fire  protection,  but  there  are  no  outside  hydrants.  Water 
pressure  is  obtained  from  an  elevated  water  tower,  filled  by  a 
single  pump  in  the  power-house,  and  the  risk  of  depending  on  a 
single  pump  has  caused  the  Directors  to  consider  another  pump 
near  the  water  tower.  An  unnecessary  fire  risk  arises  from 
naked,  natural  gas  flames  in  the  men's  toilet  sections  and  in  some 
of  the  basement  service  rooms. 

The  farm  buildings  are  in  fair  condition,  except  a  more  or  less 

[54I 


dilapidated  piggery,  which  is  too  close  to  the  main  buildings. 
A  new  one  is  planned,  however. 

A  good  feature  is  a  small  frame  structure  for  contagious  dis- 
eases, erected  largely  by  inmate  labor  at  small  expense.  At  the 
time  of  the  visit  no  insane  patients  were  here,  but  it  was  occupied 
by  two  tubercular  and  one  syphilitic  pauper.  There  are  no  other 
special  medical  facilities,  however,  and,  of  course,  under  the 
conditions,  proper  classification  of  the  insane  is  impossible. 

Administration. — There  is  an  atmosphere  of  kindness  here; 
the  patients  appear  to  receive  an  unusual  amount  of  personal 
attention,  and  the  care  given,  considered  as  custodial  care  only, 
is  good.  No  seclusion  is  employed,  as  it  is  deemed  worse  than 
restraint.  The  latter  has  been  reduced  to  a  minimum,  although 
it  is  occasionally  employed  at  the  discretion  of  the  lay  superin- 
tendent. The  forms  used  include  leather  muffs,  wristlets,  and 
straps. 

The  visiting  physician  calls  but  three  times  a  week,  or  as  his 
presence  may  be  deemed  necessary  by  the  superintendent.  The 
medical  work  is  limited  to  the  alleviation  of  physical  ills.  No 
medical  records  are  kept,  the  visiting  physician  frankly  admitting 
that  he  cannot  afford  to  keep  any  for  the  salary  paid.  While  he 
passes  on  the  patients'  condition  for  discharge,  the  initiative 
proceeds  from  the  superintendent. 

A  feature  of  unusual  excellence  is  the  manner  in  which  occu- 
pation has  been  developed,  the  value  of  work  as  a  therapeutic 
agent  being  here  recognized  and  employed  as  such. 

The  matter  of  exercise  for  idle  patients  is  emphasized,  although 
unfortunately  the  exercise  yards  have  the  usual  fence  about 
them.  The  lack  of  recreation  has  evidently  appealed  to  one  of 
the  Directors,  as  he  is  said  to  have  agreed  to  furnish  at  his  own 
expense  several  entertainments  during  the  coming  winter. 

Alleged  cases  of  insanity  are  brought  here  pending  commit- 
ment, if  they  are  not  taken  to  jail.  If  brought  here  they  are 
cared  for  with  the  committed  cases  without  discrimination  being 
made.  The  issue  as  to  where  commitment  shall  be  made  is  de- 
termined by  the  Board  of  Poor  Directors,  although  the  lay 
superintendent's  recommendation  is  often  taken;  the  decision 
is  not  determined  by  medical  considerations,  the  troublesomeness 
of  the  patient  being  the  main  feature  considered. 

While  this  institution  must  be  ranked  as  one  of  the  better 

I  55  1 


ones  of  its  class,  so  far  as  administration  is  concerned  this  is 
untrue  as  to  material  conditions.  Moreover,  the  insane  receive 
no  medical  treatment  directed  to  the  cure  or  improvement  of 
their  mental  condition,  and  the  care  given  is  pauper  care.  It 
would  therefore  appear  desirable  to  remove  the  insane  to  a  cura- 
tive institution.  The  quarters  now  occupied  by  them  could  be 
well  used  by  pauper  inmates,  some  of  whom  now  occupy  a  small 
detached  building  at  the  rear  of  the  main  building,  which  is  much 
less  desirable  than  the  main  building,  even  considering  the  lat- 
ter's  defects. 

Institution  No.  34 

Physical  Conditions. — The  insane  occupy  wings  extending  at 
right  angles  from  either  end  of  the  almshouse  building;  there  is  a 
ward  on  each  of  two  floors  for  each  sex.  The  wards  are  in  the 
form  of  narrow  hallways  with  rooms  on  either  side,  and  apart 
from  a  small  day  room  on  the  ground  floor,  the  only  day  space  is 
in  the  halls  and  is,  therefore,  insufficient.  In  several  of  the  pa- 
tients' rooms  the  plaster  has  fallen.  The  windows  have  heavy, 
prison-like  iron  guards.  The  bed-rooms  have  no  lights,  although 
the  doors  are  locked  at  night.  The  only  toilet  facilities  provided 
at  night  are  tin  pots.  Most  of  the  doors  to  the  patients'  rooms 
are  lined  on  the  inside  with  tin  and  in  several  instances  the  side 
walls  are  so  lined  to  prevent  the  patients  from  damaging  the 
plaster.  The  wards  are  bare  of  decorative  features  and  are  un- 
attractive in  appearance. 

The  toilet  facilities  and  the  single  bathtub  provided  for  each 
sex  are  apparently  sufficient  for  the  small  number  of  patients 
cared  for,  but  the  two  tubs  are  also  used  by  the  pauper  inmates  of 
the  almshouse,  although  on  different  days.  There  is  but  a  single 
day-attendant  for  each  sex,  and  on  the  occasion  of  the  visit 
women  patients  were  bathing  without  an  attendant.  No  hot 
water  safety  device  is  provided. 

The  dining-rooms  have  windows  on  one  side  only  and  hence 
the  light  and  ventilation  are  defective.  The  insane  and  pauper 
inmates  eat  in  the  same  rooms,  but  at  different  tables.  The  food 
service  is  poor,  although  it  is  directed  as  well  as  possible  by  the 
single  day-attendant  on  each  side.  The  food  is  abundant,  but 
lacks  variety.  Considerable  food  waste  results  from  poor  ser- 
vice and  lack  of  proper  supervision. 

[56] 


Natural  gas  burners  are  used,  and  while  they  are  protected  in 
the  insane  wards,  naked  flames  were  seen  in  the  almshouse  and 
in  the  basement  beneath.  This  is  supposed  not  to  be  dangerous, 
it  being  said:  "Nothing  is  allowed  to  come  near  them  that  will 
burn."  The  steam  radiators  are  in  part  protected,  but  those  in 
the  women's  toilet  section  and  in  the  dining-rooms  are  un- 
screened. 

In  general,  the  service  departments  are  well  conducted,  their 
chief  defect  being  lack  of  space  and  equipment. 

The  water  supply  is  excellent  and  abundant.  The  sewage 
disposal  is  unsanitary,  with  raw  sewage  flowing  into  a  neighbor- 
ing creek. 

A  high  iron  picket  fence  surmounted  by  barbed  wire  encloses 
the  exercise  yard.  A  bare  path  worn  in  the  earth  about  a  tree  in 
the  yard  where  a  patient  mechanically  trots  day  after  day  is  an 
instance  of  misdirected  energy,  which  under  proper  conditions 
could  be  rendered  productive,  again  illustrating  the  futility  of 
the  attitude,  which  regards  chronic  cases  as  unworthy  of  special 
attention. 

Aside  from  a  crude  operating  room  in  the  almshouse  there  are 
no  special  medical  facilities.  There  is  a  sick  dormitory  for  each 
sex,  where  the  sick  insane  are  taken,  but  these  are  no  different 
from  the  other  almshouse  dormitories.  The  visiting  physician 
calls  regularly  but  once  a  week  and  medical  treatment  is  directed 
only  to  the  relief  of  physical  ills. 

Administration. — In  addition  to  the  single  day-attendant  for 
each  sex,  there  is  a  male  night-attendant  who  makes  rounds 
through  both  the  male  and  the  female  wards,  the  propriety  of 
which  is  certainly  open  to  question.  Under  the  conditions 
patients  are  necessarily  left  alone  much  of  the  time,  and  it  was 
during  the  absence  from  the  ward  of  the  attendant  that  a  male 
patient  committed  suicide  on  April  4,  1913. 

It  was  said  there  were  no  patients  restrained  or  secluded  on 
the  day  of  the  visit,  the  explanation  being  that  troublesome 
patients  were  transferred  to  a  State  hospital.  However,  on 
making  rounds  a  number  of  men  were  found  locked  in  a  small 
day  room,  while  the  attendant  was  shaving  the  other  patients  in 
another  room  at  the  opposite  end  of  the  ward.  On  the  women's 
side,  a  woman  was  found  locked  in  the  day  room,  the  attendant 
being  busy  elsewhere  and  it  being  regarded  as  unsafe  to  trust 

[57] 


such  patient  on  the  ward  alone.  It  appears  that  the  term 
seclusion  is  reserved  for  seclusion  in  patients'  rooms  only.  The 
latter  is  at  the  discretion  of  the  lay  superintendent.  Despite  the 
present  lack  of  restraint,  the  male  attendant  spoke  of  a  violent 
case  who  last  year  succeeded  in  doing  considerable  damage,  even 
after  steel  handcuffs  had  been  put  on  him. 

A  patient's  condition  on  discharge  is  determined  by  the  lay 
superintendent,  although  it  was  said  that  he  occasionally  advises 
with  the  visiting  physician. 

The  patients  are  committed  here  by  the  commission  process; 
but  the  issue  as  to  whether  a  patient  shall  be  committed  to  a 
State  hospital  or  to  this  institution  is  determined  by  the  County 
Commissioners.  While  they  assume  to  decide  the  question  on 
the  possibility  of  improvement  and  the  need  of  active  treatment, 
they,  as  laymen,  receive  no  medical  advice,  except  incidentally; 
and  as  a  matter  of  practice  there  is  reason  to  believe  that  the  de- 
gree of  troublesomeness  manifested  by  the  patients  is  a  deter- 
mining factor.  The  lay  superintendent  of  this  institution  makes 
recommendation  when  such  alleged  cases  are  confined  here  and 
it  was  admitted  that  such  recommendation  was  usually  followed, 
as  it  is  in  the  transfer  of  any  committed  case  to  a  State  hospital. 

One  County  Commissioner  asserted  that  all  the  insane  patients 
at  present  in  the  institution  had  been  returned  from  State  hos- 
pitals as  chronic,  but  it  was  learned  from  another  source  that 
this  statement  was  true  of  but  twelve  patients  out  of  the  thirty- 
nine  in  residence.  There  is  every  reason  to  believe  that  there 
are  at  least  several  patients  now  here  who  could  have  been  im- 
proved, if  not  cured,  had  they  received  active  medical  treatment. 

The  almshouse  is  overcrowded  every  winter  and  could  use  the 
insane  wards  to  advantage,  were  the  insane  patients  moved  else- 
where, as  conditions  seem  to  render  advisable. 

Institution  No.  35 
Physical  Conditions. — This,  in  most  respects,  is  the  best 
County  hospital  in  the  State,  and  it  is  significant  that  it  is  con- 
trolled by  an  independent,  unsalaried  Board  of  Trustees.  There 
is  but  a  single  building,  recently  constructed,  which,  while  pre- 
senting excellent  features,  also  has  some  architectural  defects. 
It  more  closely  approaches  actual  fireproofing  than  is  usual,  and 
as  features  of  unusual  excellence  may  be  mentioned:   Sanitary 

[58I 


bubbling  drinking  fountains,  a  system  of  vacuum  cleaning,  vacu- 
um tubes  leading  from  every  part  of  the  building  to  the  base- 
ment, plaster-lined  linen  shutes  on  every  ward  and  drying  closets 
of  most  modern  character.  The  most  serious  architectural  de- 
fect is  the  want  of  sufificient  natural  lighting,  a  large  number  of 
electric  lights  being  necessary  during  the  day. 

An  objectionable  feature  of  the  site  is  the  almshouse  in  the 
foreground,  while  the  hospital  approach  passes  the  almshouse 
out-buildings,  including  the  hennery  and  the  piggery.  A  serious 
lack  is  the  want  of  acreage,  hospital  being  allowed  only  the  land 
immediately  about  the  building,  which  has  been  set  apart  for 
its  use  out  of  the  entire  County  property,  the  remainder  of  which 
is  regarded  as  belonging  to  the  almshouse. 

There  are  but  two  wards  for  each  sex,  so  little  classification  is 
possible.  The  patients  mingle  in  the  single  large  day  room  found 
on  each  ward.  A  modern  feature  is  the  heavy  wire  window- 
screens  used  in  place  of  the  usual  heavy  iron  bars.  Porch  space 
is  provided,  including  enclosed  porches,  which  afford  partial  iso- 
lation for  tubercular  cases. 

The  result  of  housing  disturbed  patients  in  a  single  day  room 
was  seen  on  the  day  of  the  visit;  although  on  entering  the 
disturbed  ward  it  was  found  comparatively  quiet,  one  patient 
suddenly  began  to  scream  and  in  a  moment  the  whole  ward  was 
in  an  uproar.  An  effort  is  made  to  overcome  this  difificulty  by 
placing  benches  in  a  hollow  square,  so  that  the  more  disturbed 
patients  can  be  kept  apart. 

The  toilet  facilities  are  excellent,  the  plumbing  being  of  the 
most  modern  type.  However  there  are  no  hot-water  safety 
devices.  In  general,  the  ventilation  is  good,  a  special  venti- 
lating system  being  provided.  It  is,  nevertheless,  deficient  in 
the  dining-rooms,  where  the  natural  lighting  is  also  poor. 

The  dining-rooms  possess  an  archaic  feature  in  permanently 
fastened  revolving  chairs,  although  the  other  facilities  are  ex- 
cellent. It  was  admitted  that  such  chairs  occasioned  difficulty 
in  sweeping  and  cleaning  the  room  and  also  when  it  became  neces- 
sary to  remove  an  epileptic  seized  with  a  convulsion. 

The  kitchen  is  excellent  except  for  its  location  in  the  base- 
ment. The  grooves  in  the  concrete  floor  render  cleaning  some- 
what difficult.  For  the  want  of  other  available  space,  the  service 
departments  generally  are  likewise  in  the  basement,  where  the 

[59] 


light  and  air  are  deficient.  An  unnecessary  fire  risk  is  involved 
in  the  storage  of  lubricating  oil  and  kerosene  in  the  carpenter 
shop. 

The  power-house  is  the  only  service  facility  used  in  conjunc- 
tion with  the  almshouse,  it  being  under  the  direction  of  the  alms- 
house steward.  When  the  hospital  was  built  an  addition  was 
constructed  to  the  power-house,  but  it  is  too  small,  it  being  neces- 
sary to  place  the  air  compressors  and  pumps  so  close  to  the  boil- 
ers that  the  bearings  of  the  former  must  necessarily  be  injured. 
The  lack  of  proper  natural  lighting  renders  the  electrical  load 
heavier  than  would  otherwise  be  necessary. 

Continuous  baths  are  provided,  but  they  are  poorly  located 
in  that  a  single  one  is  on  each  ward,  so  a  single  attendant  has  to  be 
detailed  to  each,  and  hence  it  is  never  possible  to  use  more  than 
one  or  two  at  a  time.  There  is  no  other  hydrotherapeutic  ap- 
paratus. A  modern  operating  room  is  provided,  adjoining  which 
a  small  clinical  laboratory  has  recently  been  fitted  up;  it  is  un- 
fortunate that  the  sterilizing  apparatus  was  not  placed  in  an 
available  anteroom  instead  of  in  the  operating  room  itself.  Ad- 
joining are  two  excellent  modern  hospital  wards  intended  for  the 
respective  sexes,  but  as  yet  unused  except  for  sick  attendants. 
At  present,  special  dormitories  on  the  wards  proper  are  reserved 
for  sick  cases  and  for  new  patients. 

There  is  an  excellent  amusement  hall  and  chapel  with  a  grand 
piano  purchased  by  the  Board  of  Trustees,  and  the  attention 
paid  to  recreation  is  most  commendable. 

Administration. — ^An  atmosphere  of  kindness  prevails.  The 
patients  receive  good  personal  attention,  and  for  the  most  part 
were  found  in  a  neat  and  tidy  condition. 

Restraint  and  seclusion  can  only  be  used  on  the  physician's 
order, — the  amount  employed  is  larger  than  will  ultimately  be 
the  case,  as  there  is  at  present  an  undue  proportion  of  disturbed 
cases,  due  to  transfers  from  other  institutions,  when  the  hospital 
was  opened  less  than  a  year  ago.  Another  factor  is  the  inex- 
perience of  the  attendants,  likewise  due  to  the  youth  of  the  in- 
stitution. 

A  fair  percentage  of  the  patients  are  employed,  especially  when 
the  great  lack  of  occupational  opportunity  is  considered.  There 
are  as  yet  no  occupational  classes,  but  it  is  planned  to  establish 
some  in  the  near  future.     Special  attention  is  given  the  matter 

[60] 


of  exercise,  and  this  is  one  of  the  few  County  institutions  where 
an  enclosed  exercise  yard  is  deemed  unnecessary.  Special  op- 
portunity is  given  for  exercise  of  the  indoor  workers. 

The  medical  work  is  satisfactory,  so  far  as  the  facilities  permit, 
and  this  is  the  only  County  hospital  for  the  insane  where  there  is 
any  medical  treatment  for  the  relief  of  mental  diseases  as  such. 
The  medical  records  are  above  the  average.  While  there  is  no 
pathological  work  as  yet,  it  is  to  be  undertaken  shortly. 

In  general,  a  progressive  spirit  is  manifest,  and  it  is  very  evi- 
dent that  the  local  officers  and  the  Board  of  Trustees  work  in 
harmony,  with  the  best  interests  of  the  patients  and  of  the  in- 
stitution as  their  sole  aim. 

The  proximity  of  the  almshouse  to  the  hospital  is  objection- 
able, as  under  similar  circumstances  elsewhere.  Most  of  the 
buildings  of  the  former  could  be  remodeled  at  comparatively 
small  expense,  for  certain  classes  of  the  insane,  and  could  this 
whole  plant  be  utilized  as  an  insane  hospital,  the  chief  defects 
of  the  present  hospital  would  be  at  once  eliminated,  i.  e.,  lack  of 
opportunity  for  classification  and  occupation,  especially  outdoor 
work.  The  best  of  the  almshouse  buildings,  the  almshouse 
hospital  building,  is  unusually  well  arranged  for  an  infirmary 
unit  and  would  require  no  alterations  except  minor  repairs. 
The  other  almshouse  buildings,  while  less  satisfactory,  present 
no  unsurmountable  obstacles  preventing  their  use  for  the  insane. 
As  this  institution  is  located  near  a  center  of  population,  it  would 
appear  most  desirable  to  provide  accommodations  for  the  alms- 
house elsewhere  and  utilize  the  entire  plant  for  the  insane. 

Institution  No.  36 
Physical  Conditions. — Separate  buildings  are  provided  for  the 
male  and  the  female  insane,  respectively,  both  located  at  the 
rear  of  the  almshouse.  The  men's  building  is  of  recent  con- 
struction and  is  practically  fireproof,  but  is  poorly  designed  for  its 
purpose.  There  is  but  a  single  ward  on  each  of  the  two  floors, 
so  little  opportunity  is  afforded  for  classification.  It  is  provided 
with  inside  stone  stairways  in  lieu  of  fire  escapes,  which,  however, 
lead  to  the  basement  only.  In  the  original  plan,  no  provisions 
were  made  for  a  dining-room,  so  a  basement  room  is  used,  where 
the  light  and  air  are  both  defective.  To  reach  this  dining-room 
food  is  carried  in  tin  wash-boilers  across  an  open  yard  to  a  base- 

[61I 


ment  passageway.  No  provision  originally  made  for  employees 
and  hence  makeshift  arrangements  are  now  necessary.  The  halls 
are  narrow;  inside  iron-barred  window  guards  emphasize  the  idea 
of  restraint,  and  despite  the  fact  that  the  building  is  compara- 
tively new,  the  side  walls  are  cracked  to  some  extent  and  in  sev- 
eral places  the  ceiling  plaster  has  fallen;  the  toilet  faciHties  are 
insufificient  for  the  number  of  patients,  especially  wash-basins. 

The  women's  building  is  older  and  even  less  satisfactory, 
save  that  it  has  a  better  dining-room.  There  are  numerous 
narrow  dark  passageways,  the  walls  are  still  more  cracked,  and 
paint  is  generally  needed.  The  toilet  accommodations  are  also 
less  satisfactory  than  in  the  men's  building,  being  limited  in 
amount,  while  the  plumbing  is  old  and  unsanitary.  Despite 
adverse  conditions,  the  housekeeping  is  excellent  throughout  the 
institution. 

The  fire  protection  is  defective,  especially  in  the  women's 
building;  there  is  an  elevated  water  tank  to  afford  gravity 
water  pressure,  but  it  is  filled  by  a  single  pump,  so,  in  case  of 
accident  to  the  latter,  the  institution  would  be  without  water 
protection.  There  is  no  fire  fighting  apparatus  of  any  descrip- 
tion in  the  men's  building.  In  the  women's  building  there  is  a 
small  hose  with  standpipes,  but  as  the  latter  connect  only  with 
small  attic  tanks  filled  by  rain-water,  they  afford  meager  protec- 
tion. There  are  three  outside  fire-escapes,  but  the  approach  to 
one  from  the  third  floor  is  by  a  window  shut  oflf  by  permanently 
fastened  iron  window  guards. 

The  service  departments  are  well  conducted,  but  in  most  in- 
stances space  and  proper  equipment  are  lacking.  The  laundry 
is  poorly  located  in  a  detached  building,  in  front  of  the  building 
for  women  patients. 

The  farm  buildings  are  old  and  generally  dilapidated.  An 
old,  unsanitary,  frame  piggery  is  located  within  three  hundred 
yards  of  the  women's  building.  It  was  said  that  the  Board  of 
Poor  Directors  at  one  time  planned  to  build  a  new  piggery,  fol- 
lowing the  condemnation  of  the  present  one  by  the  Grand  Jury, 
but  it  was  finally  determined  to  defer  the  matter  for  another  year. 

An  exercise  yard  is  provided  for  each  sex.  The  one  for  men  is 
enclosed  with  wire  screening  and  is  of  good  size  but  lacks  any 
seating  facilities.  The  one  for  women  is  too  small,  there  are  no 
shade  trees,  the  most  of  the  grass  has  been  worn  off,  and  it  is  a 

162] 


most  desolate  appearing  spot ;  it  is  enclosed  by  an  old,  unpainted, 
high  board  fence,  which  completely  shuts  off  the  view.  This 
yard  also  lacks  seating  facilities,  and  when  seen  patients  were 
crowded  together  on  the  ground  or  were  restlessly  pacing  back 
and  forth.  The  local  authorities  plan  a  larger  exercise  yard  for 
the  women,  but  unfortunately  they  consider  it  necessary  to 
erect  a  high  concrete  wall  about  it. 

There  is  a  surgical  operating  room,  poorly  located  at  one  side 
of  the  entrance  to  the  administrative  oflfice  in  the  men's  building, 
but  otherwise  there  is  an  entire  lack  of  special  medical  facilities. 

Administration. — The  superintendent,  who  is  a  physician,  has 
charge  of  the  adjoining  almshouse,  and  there  being  no  steward, 
his  time  is  largely  occupied  with  business  and  administrative 
details,  so  the  medical  work  is  directed  only  to  the  relief  of  physi- 
cal conditions.  During  his  tenure  of  office  he  has  made  a  con- 
siderable number  of  material  improvements,  and  has  more 
planned.  He  has  also  introduced  greatly  improved  business 
methods,  especially  in  the  matter  of  purchases  and  the  checking 
of  supplies. 

With  but  few  exceptions,  the  patients  present  a  tidy  appear- 
ance, and  they  apparently  receive  as  much  personal  attention  as 
is  possible  with  the  limited  number  of  attendants.  As  evidence 
of  this  may  be  cited  the  excellent  results  attending  the  effort 
made  to  reduce  restraint  and  seclusion  to  a  minimum,  especially 
commendable  in  view  of  the  absence  of  hydrotherapy.  One 
patient  admitted  here  from  another  hospital  is  said  to  have  been 
restrained  for  several  months  prior  to  the  transfer,  but  by  means 
of  special  personal  attention  such  patient  has  never  been  re- 
strained here  and  has  recently  been  induced  to  do  some  work. 

There  is  a  fair  percentage  of  the  patients  occupied,  but  there 
are  no  special  occupational  classes.  There  is  little  opportunity 
for  recreation,  but  emphasis  is  placed  on  the  matter  of  exercise. 

Two  of  the  women  patients  have  with  them  their  illegitimate 
children,  one  fourteen  months  old  and  the  other  eighteen  months 
old.  Both  children  accompanied  the  mothers  when  the  latter 
were  admitted,  although  nothing  was  said  about  the  children  in 
the  commitment  papers.  In  one  case  the  infant's  maternal 
grandmother  is  also  a  patient,  and  although  considerably  de- 
mented, was  seen  holding  the  child  as  she  sat  on  the  steps  leading 
to  the  exercise  yard,  while  all  about  were  the  other  women  pa- 

[63] 


tients,  some  of  whom  were  restless  and  talkative.  The  local 
authorities  have  no  idea  as  to  what  disposition  will  be  made  of 
the  children,  although  they  hope  to  make  other  arrangements 
soon. 

One  woman  patient  was  described  as  a  moral  imbecile,  and 
certain  it  is  she  fails  to  present  any  evidence  of  insanity;  she  has 
had  five  illegitimate  children,  and  is  regarded  as  utterly  incorri- 
gible, which  appears  to  be  the  only  basis  upon  which  her  commit- 
ment as  insane  rests. 

The  Board  of  Poor  Directors  are  perhaps  too  economically 
inclined,  and  it  was  only  with  much  difficulty  that  they  were 
finally  convinced  of  the  necessity  of  painting  the  women's  build- 
ing, although  it  had  not  been  painted  for  fourteen  years.  How- 
ever, the  Board  is  said  to  be  of  a  higher  caliber  than  former 
Boards.  It  is  said  that  a  former  Director  once  vigorously  pro- 
tested against  any  expenditure  for  bathtubs,  arguing  that  as  he 
had  none  in  his  own  house  he  did  not  see  why  the  County  institu- 
tion should  be  so  equipped. 

The  care  given  is  necessarily  custodial  care  only,  and  as  the 
buildings  here  are  so  unsatisfactory  for  the  insane,  it  would  seem 
desirable  to  remove  such  patients  to  a  medical  institution. 
Should  such  course  be  followed,  the  almshouse  inmates  could  use 
the  new  building  occupied  by  the  male  insane,  as  neither  the 
building  for  the  women  insane  nor  the  almshouse  building  is 
worth  the  extensive  and  expensive  repairs  required  to. render  them 
satisfactory. 

Institution  No.  37 

Physical  Conditions. — A  wing  extends  at  right  angles  from 
either  end  of  the  almshouse  for  the  respective  sexes  of  the  insane ; 
however,  the  insane  occupy  only  the  first  and  second  floors,  the 
third  being  used  by  paupers.  The  wards  are  short  halls  with 
rooms  on  either  side  and  a  small  day  room  at  one  end.  None 
of  the  patients'  rooms  are  sufficiently  large  to  properly  accommo- 
date more  than  two  beds,  but  some  contain  three  and  four. 
The  side  walls  are  cracked  and  broken,  the  bare  board  floors  are 
worn,  paint  is  everywhere  needed,  and  in  the  absence  of  any 
decorative  features  whatever,  the  wards  present  a  most  bare  and 
desolate  appearance.  There  is  little  furniture,  a  ward  for  twenty 
patients  having  only  three  benches  and  a  table,  while  another 
ward  has  benches,  but  no  table. 

I64I 


Most  of  the  beds  are  of  iron,  but  there  are  a  few  wooden  ones, 
which  it  is  hoped  to  replace  when  funds  are  available.  There 
are  no  service  or  supply  closets,  the  ones  in  the  almshouse  proper 
alone  being  available.  All  the  toilet  facilities  are  in  a  large  open 
room ;  there  should  be  at  least  twice  as  many  toilet  hoppers  pro- 
vided and  four  times  as  many  wash-basins,  considering  the  num- 
ber of  patients  using  them.  Dependence  is  placed  on  natural 
ventilation  only,  and  it  is  particularly  poor  in  the  toilet  sections. 

The  steam  radiators  are  about  to  be  covered  with  protecting 
screens.  Such  protection  was  first  recommended  by  the  State 
Committee  on  Lunacy  eight  years  ago. 

The  pauper  inmates  and  the  insane  eat  in  the  same  dining- 
rooms  and  at  the  same  tables;  stools  without  backs  are  used 
and  the  dining-room  appointments  are  meager  and  crude.  The 
dining-rooms  are  as  cheerless  in  appearance  as  the  wards.  The 
kitchen  has  a  board  floor  broken  in  at  least  one  place,  while 
the  walls  and  ceilings  are  smoked,  stained,  and  scratched.  A 
limited  equipment  renders  it  impossible  to  cook  the  whole  of  a 
single  meal  at  once,  and  as  both  meat  and  soup  were  served  for  the 
meal  inspected,  the  meat  was  placed  on  the  table  while  the  soup 
was  being  prepared  in  the  same  kettle  in  which  the  meat  had  been 
cooked,  so  the  latter  was  cold  by  the  time  the  patients  entered. 
Although  the  food  appears  sufficient  in  amount,  it  is  of  the  usual 
stereotyped  variety;  breakfasts  and  suppers  are  practically  the 
same,  the  staples  being  bread,  either  with  or  without  butter, 
molasses,  and  coffee.  In  summer,  however,  it  is  sometimes  pos- 
sible to  add  for  supper  only,  a  tomato,  a  potato,  beans  or  ginger 
bread. 

The  service  departments  are  for  the  most  part  in  the  base- 
ment, and  considering  the  character  of  the  institution  have  a  fair 
equipment  and  appear  well  conducted. 

The  sewage  flows  untreated  into  a  creek  about  five  hundred 
feet  from  the  main  entrance. 

The  fire  protection  is  poor,  there  being  practically  none  for 
the  insane  wards,  as  the  single  entrance  to  each  ward  is  from  an 
almshouse  hallway  and  while  the  hose  in  the  almshouse  is  suffi- 
cient to  reach  such  entrances,  it  reaches  no  further.  Even  this 
hose  was  found  in  disorder,  being  uncoiled,  and  it  was  admitted  it 
had  not  been  tested  "for  a  long  while."     There  are  only  inside 

s  [65] 


wooden  stairways  in  the  almshouse,  and  but  a  single  outside  fire- 
escape  at  one  end.     There  are  no  outside  hydrants. 

There  is,  of  course,  no  proper  classification,  with  but  two  wards 
for  each  sex. 

An  exercise  yard  for  each  sex  is  provided,  each  being  enclosed 
by  a  plain  high  board  fence.  But  a  single  bench  was  seen  in  the 
women's  yard  and  none  in  the  men's  yard,  so  most  of  the  patients 
sit  or  lie  about  on  the  ground.  There  is  but  a  single  shade  tree 
in  the  women's  yard,  and  neither  shade  nor  shelter  in  the  men's 
yard.  In  the  latter  are  numerous  paths  worn  in  the  earth  by  the 
pacing  back  and  forth  of  the  patients. 

Administration. — Personal  attention  is  necessarily  limited, 
there  never  being  more  than  a  single  attendant  on  day  duty  for 
each  ward.  With  regular  time  allowance  off  duty,  and  with  the 
necessity  of  the  attendants  for  the  insane  assisting  with  the  alms- 
house work,  the  wards  are  left  alone  much  of  the  time.  The 
patients  are  locked  in  their  rooms  at  night,  but  only  since  July, 
1914,  has  there  been  a  male  and  a  female  night-attendant  em- 
ployed. They  now  make  rounds  at  intervals  during  the  night 
through  both  the  insane  wards  and  the  almshouse,  but  they  do 
not  open  the  doors  of  the  patients'  rooms  except  in  special  cases. 
The  cause  of  the  recent  employment  of  the  night-attend- 
ants was  a  suicide  during  the  month  mentioned.  It  appears  a 
woman  patient  was  admitted  in  a  disturbed  state,  and  was  not 
only  locked  in  her  room  at  night,  but  was  left  in  restraint.  When 
her  room  was  entered  in  the  morning,  it  was  found  that  she  had 
succeeded  in  freeing  herself  from  the  restraint  and  had  hung 
herself  with  the  bed  sheet.  She  was  still  alive  when  found,  but 
died  a  few  hours  later. 

Another  instance  which  can  justly  be  attributed  to  the  lack  of 
a  sufficient  number  of  attendants  was  the  suicide  in  January, 
1 914,  of  a  woman  inmate  of  the  almshouse  who  jumped  from  a 
third-story  window. 

In  most  instances,  especially  on  the  male  side,  the  patients' 
clothing  was  found  disordered,  unbuttoned,  and  in  some  instances 
torn,  although  it  should  be  added  it  was  in  the  majority  of  in- 
stances clean.  In  three  instances  observed  on  the  male  wards, 
the  patients'  flesh  showed  through  the  torn  garment,  there  being 
no  evidence  of  underwear.  Several  instances  were  noted  of 
patients  with  shoes,  but  without  stockings  or  socks:   some  men 

[66  1 


wore  socks,  but  had  no  shoes.  One  woman  was  seen  eating  din- 
ner in  the  dining-room  while  barefooted,  and  later  six  male  pa- 
tients were  seen  in  the  exercise  yard  in  a  similar  condition. 
Here  also  was  found  a  patient  admitted  on  the  day  of  the  visit 
seated  alone  on  the  ground  in  his  shirt-sleeves,  having  received 
no  special  attention. 

On  the  occasion  of  the  visit,  two  women  were  constantly 
secluded  because  of  their  restless  and  untidy  tendencies.  Both 
cases  are  defectives  without  evidence  of  insanity.  No  cases 
were  in  restraint,  it  being  explained  that  disturbed  patients  are 
at  once  transferred  to  other  institutions.  Should  a  new  case 
become  violent  it  is  the  practice  to  strap  the  patient  to  the  bed 
with  leather  straps  about  the  arms  and  legs,  or  in  the  discretion 
of  the  lay  superintendent,  a  strait-jacket  may  be  employed. 

While  the  superintendent  is  active  and  apparently  anxious  to 
do  the  best  possible  for  the  patients,  his  idea  of  the  care  of  the 
insane  is  evinced  by  the  question:  "What  is  the  best  form  of 
restraint?"  It  appears  unfortunate  that  he  should  be  regarded 
as  specially  qualified  for  the  care  of  the  insane  by  reason  of 
experience  obtained  as  turnkey  in  the  County  jail,  where  he  was 
obliged  to  care  for  a  certain  number  of  insane  persons. 

The  practice  exists  here  of  employing  paupers  in  preference  to 
the  insane  and  such  of  the  latter  as  are  occupied  are  the  willing 
workers  only,  there  being  no  occupational  training.  There  is  a 
lack  of  recreation  and  the  patients  lead  a  drab,  colorless  existence. 

There  is  an  entire  lack  of  special  medical  facilities,  an  ordinary 
dormitory  being  set  apart  in  the  almshouse  for  sick  cases;  here 
the  physically  sick  among  the  insane  are  cared  for,  while  the 
practice  also  exists  of  placing  uncommitted  paupers  in  the  insane 
wards,  if,  in  the  judgment  of  the  local  authorities,  special  cir- 
cumstances render  it  advisable.  Throughout  the  institution 
there  is  no  distinction  made  in  the  care  of  the  almshouse  inmates 
and  the  insane.  They  eat  together,  wear  the  same  clothes,  and 
receive  the  same  limited  amount  of  personal  attention.  As  was 
stated:  "There  is  no  favoritism  here;  everybody,  whether  insane 
or  a  pauper,  is  treated  alike." 

This  institution  has  evidently  suffered  from  being  subjected 
to  political  influences,  although  it  was  said  such  influences  are 
now  less  active  than  formerly.  That  there  has  been  some  local 
recognition  of  defective  conditions  is  evinced  by  the  plans  made 

[67] 


for  a  new  County  insane  hospital,  but  a  dispute  having  arisen 
among  the  local  authorities,  no  action  is  considered  probable  in 
the  near  future. 

The  custodial  care  here  given  is  below  even  the  usual  standard 
of  County  institutions,  and  as  a  mere  matter  of  humanity  the 
insane  patients  should  be  removed  at  the  earliest  possible  mo- 
ment. In  recognition  of  existing  conditions  State  aid  has  been 
withheld  for  the  time  being  by  recommendation  of  the  State  Board 
of  Charities. 

GENERAL   CONSIDERATIONS   OF   COUNTY   INSTITU- 
TIONS FOR  THE  INSANE 

In  reviewing  this  group  of  institutions,  the  most  striking  fea- 
ture is  the  close  association  maintained  between  the  institutions 
for  the  insane  and  almshouses,  in  some  instances  both  the  in- 
sane and  paupers  being  cared  for  in  the  same  building,  and  in  a 
few  cases  in  the  same  ward :  the  inevitable  result  is  that  the  care 
of  the  insane  tends  to  the  almshouse  standard,  and,  indeed,  in 
some  places  an  effort  is  made  to  provide  exactly  the  same  type 
of  care  for  both.  Hence  it  is  not  surprising  that  one  finds  the 
practice  common  of  caring  for  the  insane  in  the  almshouses 
proper  or  the  uncommitted  almshouse  inmates  in  the  insane  de- 
partments, when  in  the  judgment  of  local  authorities  circum- 
stances appear  to  render  it  advisable. 

In  numerous  instances  the  material  conditions  should  be  rem- 
edied for  the  care  of  any  class  of  dependents,  insane  or  other- 
wise, especially  as  regards  unsanitary  sewage  disposal  and  the 
woefully  inadequate  fire  protection  so  often  found. 

As  a  result  of  the  existing  system,  in  these  institutions  custodial 
care  is  generally  substituted  for  active  remedial  treatment  di- 
rected to  the  improvement  or  the  recovery  of  the  insane  as  such. 
As  a  rule,  the  medical  treatment  for  physical  ills  is  satisfactory, 
although  such  is  not  invariably  the  case.  With  but  few  excep- 
tions, the  County  institutions  have  no  special  medical  facilities, 
nor  can  it  be  expected  that  such  facilities  can  be  provided  under 
present  conditions,  for,  with  the  comparatively  small  number  of 
patients  treated  in  the  respective  institutions,  such  provisions 
would  require  a  prohibitive  per  capita  expense;  but  as  a  result 
of  such  lack  of  facilities,  mechanical  means  of  restraint  and  con- 
finement  are   substituted    for   proper   personal    treatment   and 

[68  1 


attention.  With  but  a  limited  number  of  attendants,  enclosed 
exercise  yards  and  personal  restraint  and  seclusion  must  inevi- 
tably result.  Under  existing  conditions,  one  cannot  blame  the 
caretakers  of  the  insane  for  resorting  to  such  means,  for  while 
restraint  and  seclusion  can  and  should  be  abolished,  they  can- 
not be  successfully  abolished  without  the  substitution  of  other 
means  of  dealing  with  the  disturbed  insane,  such  as  hydrother- 
apy, occupational  training,  and  close  personal  supervision.  In 
this  connection  it  is  agreeable  to  note  that  little  evidence  was  ob- 
tained of  actual  physical  abuse,  but  that  gross  neglect  exists  is 
indisputable. 

That  the  theory  of  County  hospitals  for  the  chronic  insane 
only  does  not  obtain  in  actual  practice  is  but  a  necessary  result 
of  the  prevailing  custom  of  determining  the  question  as  to  whether 
a  patient  shall  be  committed  to  a  State  hospital  or  to  a  County 
hospital,  regardless  of  prognosis  or  medical  issues,  in  many 
instances  the  decision  being  made  by  local  lay  authorities  with- 
out medical  advice.  It  is  certain  that  many  acute  cases  have 
lapsed  into  chronicity  in  the  Countj^  hospitals  simply  for  lack  of 
proper  treatment.  Dreary,  desolate  wards,  lack  of  recreation, 
or  other  means  of  exciting  or  maintaining  active  interest  are  alone 
sufficient  not  only  to  hinder  improvement  or  recovery,  but  must 
necessarily  result  in  actually  hastening  the  terminal  process  of 
deterioration. 

UNLICENSED  ALMSHOUSES  CARING  FOR  THE  INSANE 

NOS.  38-48 
General  Statistics. — 

Institution  No.  Insane  Inmates 

38 36  (34  committed) 

39 2 

40 9 

41 2 

42 I 

43 3 

44 6 

45 6 

46 8 

47 2 

48 7 

Total  insane 82 

None  of  these  institutions  is  apparently  deemed  worthy  by  the 
State  Board  of  Charities  to  receive  State  aid  and,  accordingly, 

[69] 


none  is  licensed,  yet  three  have  locally  recognized  insane  depart- 
ments, while  in  the  others  the  number  of  inmates  above  indicated 
were  found  actually  insane,  although  cared  for  without  discrimi- 
nation with  the  other  paupers.  Excepting  only  the  thirty-four 
inmates  indicated,  none  has  ever  been  committed.  In  addition 
to  the  insane,  one  hundred  and  ninety-six  defectives  were  found, 
ranging  from  the  lowest  grade  idiots  to  high-grade  imbeciles. 
There  are  also  a  large  number  of  dotards;  thirty-three  children 
were  found ;  while  in  one  almshouse  the  conglomerate  mass  of 
humanity  was  found  increased  by  the  practice  of  the  courts  in 
committing  thereto  incorrigible  girls. 

Institution  No.  38 
There  is  a  separate  building  for  the  insane  located  at  the  rear 
of  the  almshouse  proper.  It  is  partly  brick  and  partly  frame; 
the  sexes  are  divided  by  central  partitions,  and  while  the  com- 
municating doors  are  said  to  be  kept  locked,  one  at  least  was  found 
open.  The  ceilings  are  low;  the  floors  and  in  some  instances  the 
side  walls  need  repair.  Dark,  narrow  passageways  are  numer- 
ous. The  stairs  are  dark,  winding,  and  of  wooden  construction. 
The  windows  are  guarded  outside  by  heavy  iron  bars  set  in  the 
brickwork  and  inside  by  closely  woven,  heavy  wire  screens. 
The  ventilation  is  poor,  especially  in  the  small,  dark  toilet  sec- 
tions, all  crude  in  the  extreme  and  in  a  most  unsanitary  state. 
Bathing  facilities  likewise  are  primitive.  All  the  rooms  are  bare, 
desolate,  and  with  a  prison-like  appearance,  produced  by  the  iron 
bars  at  the  windows  and  in  the  doors  of  the  so-called  "strong 
rooms."  Straw  or  husk  bed-ticks  are  used,  but  the  bed- 
ding, while  coarse,  is  fairly  clean.  The  fire  risk  is  great  and 
fire,  at  night  especially,  would  inevitably  mean  loss  of  life. 
Lighting  is  by  kerosene  lamps;  there  are  no  fire-escapes,  hose  or 
standpipes.  One  of  the  inside  stairways  has  been  removed  and 
the  stair  well  used  for  stores,  while  a  wooden  ventilating  flue 
extends  to  the  roof  from  the  second  floor,  and  both  would  act 
as  flues  in  case  of  fire.  With  windows  guarded  with  iron  bars, 
the  patients  are  locked  in  their  rooms  at  night,  and  left  without 
any  night-attendant,  while  the  day-attendants  sleep  in  an  ad- 
joining building,  it  being  explained  that  after  the  patients  are 
locked  in  their  rooms  at  night  "they  can't  make  any  trouble." 
A  year  ago  a  barn  was  burned,  resulting  in  total  loss,  although  an 

I70I 


outside  hydrant  stands  much  nearer  to  its  site  than  to  the  building 
for  the  insane.  The  radiators  are  unprotected;  an  epileptic  girl 
was  seriously  burned  on  one  some  time  ago,  but  no  action  was 
taken  to  correct  this  condition. 

The  basement  dining-room  is  dark,  ill  ventilated,  and  with  a 
broken  concrete  floor.  The  men  and  women  eat  together,  al- 
though at  separate  tables.  There  are  but  a  few  agateware  dishes, 
and  the  food  service  is  crude  and  haphazard.  All  the  service 
departments  are  in  extremely  poor  condition.  The  sewage 
flows  untreated  into  a  neighboring  creek,  but  below  the  point 
where  part  of  the  water  supply  is  obtained.  Litigation  is  said  to 
have  resulted  from  the  County  Commissioners'  failure  to  adopt 
the  recommendation  of  the  State  Board  of  Health  regarding  the 
sewage  disposal. 

In  many  respects  the  farm  buildings  are  in  better  condition 
than  the  interior  of  the  building  for  the  insane. 

There  is  little  personal  attention,  the  only  attendants  being  a 
married  couple,  who  care  for  the  respective  sexes.  One  patient 
was  seen  with  finger-nails  half  an  inch  long.  The  clothing  was 
generally  disordered  and,  in  some  instances,  torn.  In  one  case 
bed-ticking  was  used  as  suiting.  While  no  patients  were  re- 
strained or  secluded  on  the  day  of  the  visit,  a  woman  had  been 
shortly  released  from  a  strait- jacket  after  three  months'  con- 
finement, her  poor  physical  condition  suggesting  that  this  might 
account  for  the  fact  that  she  was  fairly  quiet  when  seen.  The 
institution  is  provided  with  handcuffs  and  leather  wristlets,  but 
seclusion  is  more  used.  The  "strong  rooms"  are  inside,  have 
but  a  single  window  opening  on  an  inside  passage,  and  are  so 
dark  that  it  is  impossible  to  see  across  them  when  looking  through 
the  iron  bars  of  the  doors.  Medical  treatment  of  even  physical 
ills  is  limited,  the  visiting  physician  calling  but  twice  a  week,  or 
when  the  male  attendant,  who  was  formerly  a  driver,  deems  his 
presence  necessary.  The  attendant  has  full  authority  to  dis- 
charge any  insane  patient  that  he  deems  fit. 

It  is  considered  necessary  here  that  the  exercise  yards  be  en- 
closed, and  from  $1300  to  $1400  is  to  be  spent  for  a  steel  fence, 
replacing  an  old  fence  recently  blown  down,  and  for  a  concrete 
floor  for  the  yard;  meanwhile  the  patients  are  not  allowed  to 
exercise  out-of-doors  unless  they  are  paroled  patients.  No 
opportunity  is  afforded  for  classification,  all  types  mingling  to- 

[71] 


gether  and  the  two  sexes  mingling  in  going  to  and  from  the  din- 
ing-room. There  are  no  recreations,  no  religious  services,  and 
the  patients  lead  a  dull,  monotonous,  mechanical  existence. 

Institution  No.  39 

Most  defective  material  conditions  exist  here,  even  for  an 
almshouse.  The  main  building  is  four  stories  high,  and  although 
kerosene  lamps  are  the  only  illuminant  there  is  no  fire  protection. 
The  only  water  supply  is  from  an  outdoor  hand-pump,  an  attic 
tank  and  a  ground  cistern,  the  latter  two  being  filled  only  by 
rain  and  both  dry  at  time  of  visit,  so  that  the  weekly  washing  had 
been  postponed  for  lack  of  water.  The  heating  facilities  are 
insufficient.  The  only  toilet  facilities  are  crude — ground  vaults 
in  outside  sheds.  Bathing  facilities  are  equally  primitive. 
Several  old  portable  iron  tubs  were  seen  in  various  parts  of  the 
institution;  one  partly  filled  with  rubbish,  one  turned  upside 
down,  and  none  showing  evidence  of  recent  use;  if  used,  the 
water  must  be  carried  by  hand,  all  hot  water  being  obtained  from 
the  kitchen  stove.  Under  the  circumstances,  it  is  perhaps  not 
surprising  that  there  was  reason  to  believe  that  at  least  some  of 
the  inmates  had  not  been  recently  bathed.  Straw  or  chaff  bed- 
ticks  are  used,  but  though  coarse,  the  bedding  was  clean.  Empty 
tin  cans  are  used  beneath  the  bed  legs  to  protect  the  floor. 

A  small,  single-story,  detached  building  is  known  as  the  "mad- 
house," and  is  in  charge  of  an  imbecile  inmate.  The  yard  about 
this  building  is  enclosed  by  a  rough,  whitewashed  board  fence, 
and  contains  the  usual  ground  vault  toilet,  with  an  old  rusted 
iron  bathtub,  in  an  old  shed  of  unpainted  boards.  This  building 
is  in  worse  condition  than  the  main  one  and  rubbish  was  every- 
where in  evidence,  papers,  sticks  and  boxes  being  scattered  in- 
doors and  outdoors,  while  the  beds  and  bedding  were  dirty  and 
disordered.  It  is  heated  by  an  old  battered  coal  stove.  A  few 
broken  chairs  and  a  bare  table  constitute  the  only  furniture. 
There  are  several  small  cell-like  rooms,  with  no  outside  windows, 
formed  by  whitewashed  board  partitions  and  with  the  upper  half 
of  the  doors  set  with  whitewashed,  wooden  slats. 

The  steward  and  his  wife,  the  matron,  are  the  only  inside  em- 
ployees, so  that  the  inmates  can  receive  little  personal  attention. 
In  the  "mad-house,"  aside  from  the  imbecile  in  charge,  two  male 
idiots  were  found,  an  epileptic  dement,  and  an  advanced  paretic; 

I  72] 


the  latter  two  were  in  bed,  although  fully  dressed,  even  to  their 
shoes.  The  paretic  was  found  in  one  of  the  small,  unlighted  rooms, 
because,  it  was  said,  of  his  untidy  habits,  and  he  was  in  a  state  of 
personal  uncleanliness  when  seen. 

While  primarily  for  men,  the  "mad-house,"  being  the  only 
available  place  in  which  to  segregate  mental  cases,  it  was  neces- 
sary recently  to  confine  an  epileptic  girl  there  when  she  became 
excited  following  convulsions.  She  was  restrained  with  hand- 
cuffs and  locked  in  one  of  the  small  rooms,  despite  the  presence 
of  male  inmates  in  the  adjoining  small  rooms,  it  being  remembered 
that  the  upper  halves  of  the  doors  are  provided  with  open  slats. 
Her  cries  and  screams  are  said  to  have  been  so  constant  and  so 
loud  that  she  disturbed  not  only  everybody  in  the  "mad-house," 
but  in  the  main  building,  some  distance  away.  Her  hands  be- 
came much  swollen  in  her  effort  to  break  down  the  door,  and 
scars  from  the  handcuffs  were  perceptible  at  the  time  of  the  visit. 

The  separation  of  the  sexes  is  poor.  While  the  male  and  the 
female  inmates  live  on  opposite  sides  of  the  main  building,  the 
doors  open  directly  from  one  side  to  the  other  and  women  in- 
mates were  found  doing  the  housework  on  the  male  side,  with  some 
of  the  men  still  on  the  ward,  although  no  employee  was  present. 

An  hallucinatory  woman  lives  with  the  other  inmates,  receiving 
no  special  attention.  There  is  little  medical  attention,  the  visit- 
ing physician  only  responding  as  the  steward,  a  former  tanner, 
deems  necessary.  The  practice  of  the  County  of  purchasing 
morphine  for  two  morphine  habitues  is  at  least  of  questionable 
propriety. 

Institution  No.  40 

This  institution  is  housed  in  two  old  buildings,  one  erected  in 
1800  and  the  other  in  1855.  The  board  floors  are  worn  and 
broken,  the  plaster  is  cracked,  smoked,  and  has  fallen  off  in  places, 
while  the  woodwork  is  almost  devoid  of  paint  and  the  buildings 
generally  are  in  a  dilapidated  condition.  They  have  been  con- 
demned by  several  grand  juries,  but  only  recently  was  an  option 
obtained  on  a  site  for  a  new  institution.  However,  a  factional, 
political  fight  has  developed,  and  it  appears  probable  that  no 
improvement  in  conditions  can  be  expected  in  the  near  future. 

Part  of  two  dark  hallways,  with  rooms  on  either  side,  are  each 
reserved  as  a  so-called  "insane  ward."     They  are  shut  off  from 

[73] 


the  remainder  of  the  halls  by  partitions  of  turned  wood  bars. 
On  one  side  of  each  hall  is  a  bare  room  with  a  board  table  and 
backless  wooden  benches  which  serves  for  a  dining-room.  All 
the  appointments  are  meager  and  crude.  Opposite  each  such 
dining-room  is  a  toilet  section,  with  a  slop  sink  in  lieu  of  a  wash- 
basin. All  the  toilet  facilities  are  old,  worn,  and  unsanitary, 
and  they  are  insufficient  in  number. 

The  fire  protection  is  especially  poor,  and  loss  of  life  appears 
inevitable  in  case  of  fire.  The  sewage  flows  untreated  into  a 
creek  less  than  three  hundred  yards  from  the  buildings. 

In  spite  of  these  distressing  material  conditions,  it  is  a  pleasure 
to  note  the  prevalence  of  a  spirit  of  kindness  and  as  much  per- 
sonal attention  as  is  possible  with  a  single  attendant  for  each  of 
the  two  "insane  wards."  Nevertheless,  it  would  be  difficult  to 
imagine  a  picture  more  dismal  than  is  presented  by  the  poorly 
lighted,  bare,  and  dilapidated  wards  with  patients  sitting  idly 
on  benches  ranged  on  either  side,  where  they  spend  most  of  their 
waking  hours.  Aside  from  the  actual  insane  inmates  in  the 
"insane  wards,"  there  are  twenty-one  idiots  and  imbeciles 
confined  there.  There  is  poor  separation  of  the  sexes  whenever 
inmates  leave  the  wards,  and  on  such  account  the  presence  of  a 
sixteen-year-old  girl  imbecile,  who  is  extremely  erotic,  and  who 
has  had  a  child  following  incestuous  relations,  is  a  distinct  menace. 

This  institution  is  wholly  unfit  for  the  care  of  any  class  of  de- 
pendent human  beings. 

Institution  No.  41 

The  material  conditions  here  are  defective,  even  for  sane 
paupers.  A  so-called  "bull  pen"  is  a  locked  dormitory  where 
eight  inmates  were  found,  one  nude,  and  all  in  a  state  of  personal 
uncleanliness.  The  air  was  heavy  with  the  odor  of  a  deodorizing 
agent,  it  being  said  that  otherwise  it  would  be  impossible  to  re- 
main in  the  room.  The  fire  risk  is  great,  despite  which  inmates 
are  allowed  to  smoke  on  the  second  floor. 

Cases  of  alleged  insanity  are  brought  here  pending  commit- 
ment, but  the  two  cases  now  here  have  never  been  committed 
and  as  they  are  quiet  are  treated  as  the  other  inmates. 

The  only  provisions  for  the  insane  are  so-called  "cells,"  three 
of  which  are  located  in  the  basement  and  are  no  longer  used. 
The  latter  are  heavily  barred  with  iron  bars  over  a  single  high  base- 

[74I 


ment  window;  are  provided  with  heavy  double  doors  which  open 
into  the  cellar,  while  the  walls  are  of  stone  construction.  A 
single  winding  wooden  stairway  leads  from  the  cellar  to  the  floor 
above,  so  it  would  appear  that  the  fire  risk  alone  should  have  pre- 
vented their  construction. 

The  cells  now  used  for  the  insane  are  rooms  set  apart  in  the 
almshouse  proper;  each  has  a  single  window,  heavily  guarded 
by  inside  iron  bars,  while  a  "strong  cell"  has  also  iron  bars  out- 
side the  window.  Heavy  double  doors  are  provided,  the  inner 
one  being  heavily  bound  with  iron  braces;  they  have  an  aperture 
in  the  center  with  an  inside  shelf,  where  food  is  placed  by  the 
pauper  inmate,  who  alone  cares  for  the  insane  patients.  The 
cells  have  no  furnishings  except  a  mattress  and  a  blanket  thrown 
on  the  floor,  except  in  a  single  instance,  where  a  small  cot  is  pro- 
vided. A  tin  bucket  is  the  only  toilet  convenience.  As  there  is 
but  one  cell  on  the  women's  side,  it  occasionally  happens  that 
women  are  placed  in  the  men's  cells,  and  it  was  said  that  male 
paupers  have  used  the  door  aperture  to  inspect  the  insane  women. 

The  pauper  assigned  to  care  for  the  male  insane  is  a  cripple, 
and  is  physically  unable  to  cope  with  an  excited  case,  but  if  he 
deems  it  necessary  to  enter  the  cell  of  an  excited  patient  he  calls 
to  his  aid  a  sufficient  number  of  other  inmates  to  subdue  the 
patient  by  force  of  numbers.  There  are  no  bathing  facilities, 
and  while  it  was  not  admitted  that  insane  patients  never  bathe, 
the  informant  remarked :  "You  can  form  your  own  conclusions." 
He  added:  "If  they  are  not  insane  when  they  come  here,  this 
place  will  make  them  so." 

All  alleged  cases  of  insanity  are  locked  in  cells,  because  the 
local  authorities  do  not  feel  that  they  can  afford  to  take  chances, 
since  a  case  committed  suicide  several  years  ago  and  there  have 
been  several  attempts  since.  While  cases  are  sometimes  com- 
mitted and  removed  within  a  week,  it  was  said  that  if  they  have 
no  friends  to  secure  a  lawyer  to  hasten  proceedings,  "They  lay 
here  the  limit,"  and  have  been  locked  in  a  cell  for  as  long  as  two 
months  without  once  leaving  it. 

The  visiting  physician  has  no  responsibility  for  the  insane, 
except  as  his  attention  may  be  called  to  them  by  the  steward  for 
the  care  of  physical  ills. 

The  situation  is  made  worse  by  the  fact  that  within  less  than 
fifteen  miles  is  a  State  hospital,  where,  with  excellent  natural 

[75] 


advantages  and  good  material  conditions,  only  such  insane  can 
be  received  as  are  regarded  as  chronic  and  who  are  transferred 
from  other  institutions  for  the  insane.  If  the  State  hospital 
were  allowed  to  receive  new  admissions  from  the  surrounding 
community,  the  above  conditions  would  soon  cease  to  exist, 
simply  from  lack  of  necessity.  A  better  illustration  could  not 
be  presented  of  the  results  attending  the  lack  of  a  general  policy 
governing  the  State  as  a  whole  than  the  existence  side  by  side, 
within  a  few  miles  of  each  other  of  such  extremes  in  standards 
of  care. 

Institution  No.  42 

This  is  an  almshouse  of  the  better  type  and,  In  general,  for  an 
almshouse,  the  physical  conditions  are  satisfactory.  But  a 
single  insane  patient  was  found  among  the  inmates  and  only  rarely 
are  patients  brought  here  pending  commitment.  There  is  a 
single  cell  provided  in  the  basement  for  the  violent  insane,  which, 
however,  is  said  not  to  have  been  used  for  about  a  year.  It 
has  a  single,  small,  high,  basement  window,  with  a  small  grated 
aperture  in  the  center  of  a  solid  wooden  door.  It  is  so  dark  that 
one  cannot  see  across  it  through  the  open  doorway.  It  is  padded, 
both  as  to  floor  and  side  walls,  and  is  devoid  of  furnishings  of 
any  kind.  The  reason  for  alleged  cases  not  having  been  brought 
here  recently  is  that  they  are  more  frequently  taken  to  the  County 
jail. 

Institution  No.  43 

This  is  the  smallest  almshouse  visited,  being  maintained  by  a 
special,  small  Poor  District.  No  cases  of  insanity,  as  such,  are 
ever  brought  here,  but  three  women  inmates  were  found  present- 
ing definite  evidence  of  insanity.  All  were  unattended  in  their 
rooms.  One  was  restless,  walking  up  and  down,  talking  to  her- 
self, and  rubbing  her  face  and  neck,  upon  which  were  numerous 
abraded  areas  thus  produced. 

Institution  No.  44 
This  is  one  of  the  better  almshouses,  and  except  that  the  build- 
ings show  age,  the  physical  conditions  are  satisfactory  for  alms- 
house inmates.  Few  cases  of  alleged  insanity  are  brought  here 
and  none  are  supposed  to  be  here  at  present,  although  six  cases 
were  found  presenting  definite  evidence  of  insanity.     The  prac- 

[76I 


tice  of  keeping  the  alleged  insane  here  has  only  ceased  since  the 
opening  of  a  State  hospital  in  the  vicinity,  since  which  time  direct 
commitments  from  homes  are  usual.  Thus  is  shown  the  benefit 
to  a  community  of  a  modern  hospital  for  the  insane. 

There  are  four  so-called  cells  for  the  insane,  which,  since  the 
practice  of  bringing  insane  patients  here  has  largely  ceased,  are 
used  for  the  punishment  of  inmates.  They  are  ordinary  rooms 
with  iron-barred  windows,  and  an  open  toilet  hopper  in  one 
corner,  and  while  two  have  ordinary  wooden  doors,  substituted 
at  the  steward's  initiative  for  the  original  open  iron-barred  doors, 
the  latter  still  remain  on  the  other  two  cells.  When  occupied, 
the  doors  are  kept  locked,  food  being  passed  through  an  opening 
in  the  iron  grating. 

Institution  No.  45 

This  is  another  almshouse  with  fairly  good  physical  conditions 
for  the  care  of  paupers.  No  cases  of  insanity  are  supposed  to  be 
kept  here,  nor  have  any  alleged  cases  been  sent  here  for  observa- 
tion for  some  years.  However,  six  cases  were  found  presenting 
definite  evidence  of  insanity,  aside  from  deterioration,  which 
is  present  in  a  large  number;  most  of  these  cases  have  persecu- 
tory ideas,  thus  rendering  them  a  source  of  annoyance  to  the 
other  inmates.  One  involutional  case  remains  mute  for  days, 
when  she  breaks  forth  into  loud  wailings  and  moanings,  which 
she  keeps  up  incessantly  for  long  periods.  At  such  times  she  is 
locked  in  a  cell,  and  although  such  treatment  is  said  to  quiet  her 
within  twenty-four  hours,  it  is  difficult  to  understand  how  this 
result  is  effected,  except  by  exhaustion. 

The  cell  mentioned  is  located  in  a  basement  against  a  hillside ; 
there  is  a  single,  small,  high  window  about  10x18  inches  opening 
on  a  narrow  shaft  and  hence  both  light  and  ventilation  are  very 
poor.  It  is  so  dark  that  little  of  the  interior  can  be  seen  by  look- 
ing through  the  iron-barred  door  which  opens  on  a  narrow  pas- 
sageway. There  are  no  toilet  facilities  and  the  cell  is  bare  of 
furnishings.  As  it  was  remarked:  "They  dread  the  locked 
door."  A  further  remark  illustrates  the  prevailing  punitive 
idea:  "You  have  to  show  them  who  is  boss." 

Tubercular  cases  are  received  here,  as  in  most  of  the  other 
almshouses,  none  of  which  have  proper  facilities  for  isolation. 

[77I 


Institution  No.  46 

For  the  most  part,  the  material  conditions  are  fairly  good  for 
almshouse  purposes,  in  many  respects  being  above  the  usual 
almshouse  standard.  This  applies  especially  to  the  service  de- 
partments, farm,  etc. 

Alleged  cases  of  insanity  are  brought  here  pending  commit- 
ment, but  the  insane  inmates  now  here  are  regarded  and  treated 
like  all  the  other  inmates.  Up  to  a  year  ago  disturbed  insane 
patients  were  confined  in  a  steel  cage  formed  of  flat  steel  bars 
arranged  in  a  lattice-work.  This,  located  in  the  basement,  is 
divided  into  two  compartments  by  a  blank  partition,  so  that  two 
persons  can  be  confined  at  once,  and  in  the  past  even  patients  of 
the  opposite  sex  are  said  to  have  thus  been  confined  together. 
The  use  of  the  cage  is  now  deemed  inhumane,  it  being  used  now 
only  to  punish  refractory  pauper  inmates.  The  disturbed  in- 
sane are  now  confined  in  a  cell,  which  is  merely  a  cellar  room  with 
whitewashed  brick  walls  on  three  sides  and  a  board  partition  on 
the  fourth  side.  It  is  at  least  two-thirds  below  the  ground  level, 
with  a  single,  small,  high,  basement  window  covered  with  heavy 
wire  grating.  The  room  is  of  good  size,  but  is  damp,  and  there 
is  no  ventilation,  with  the  door  and  window  closed.  It  is  pro- 
vided with  a  single  exposed  electric-light  globe,  which  can  be 
reached  by  a  patient  standing  on  the  bed,  and  when  this  fact 
was  pointed  out  the  superintendent  remarked  that  it  was  fortu- 
nate a  suicidal  patient  confined  here  last  winter  had  not  used  the 
globe  in  a  suicidal  eff^ort.  A  bed  and  a  bucket  for  toilet  facilities 
constitute  the  only  furnishings.  There  is  a  door  of  iron  grating, 
with  a  heavy,  solid,  wooden  door  outside.  Both  doors  are  locked 
when  the  cell  is  occupied  "to  shut  out  the  noise."  While  it  does 
appear  that  the  cell  is  slightly  less  objectionable  than  the  steel 
cage,  yet  it  is  anomalous  that  it  should  be  regarded  as  an  advance 
in  the  humane  treatment  of  the  insane. 

One  of  the  insane  women  now  here  becomes  talkative  and  dis- 
turbed at  intervals,  so  it  is  thought  it  will  eventually  be  necessary 
to  commit  her;  but  the  others  are  quiet  and  no  such  action  is 
probable  in  their  cases.  One  of  the  women  defectives  has  a  child, 
the  father  of  whom  is  a  vagrant,  formerly  an  inmate. 


78  1 


Institution  No.  47 

This  almshouse  is  satisfactory  for  the  care  of  pauper  inmates. 
No  insane  are  supposed  to  be  kept  here  and  but  two  insane 
cases  were  found.  Through  the  efforts  of  a  progressive  visiting 
physician  cases  of  alleged  insanity  are  rarely  brought  here  pend- 
ing commitment,  although  two  women  were  committed  from  here 
during  the  past  year,  one  after  a  month  and  the  other  after  two 
months'  residence;  as  they  were  quiet  they  were  allowed  to 
mingle  with  the  other  inmates,  receiving  no  special  attention. 

Formerly  when  it  has  been  necessary  to  care  for  disturbed 
insane,  the  women  have  been  locked  in  a  narrow  hallway  outside 
the  bath  and  toilet  rooms,  all  doors  opening  on  which  are  of 
heavy,  solid,  wooden  construction.  This  hallway  is  short,  has 
a  single  window,  with  an  inside,  heavy,  solid  wooden  shutter, 
which  it  has  been  customary  to  close  when  patients  were  placed 
here.  Although  artificial  light  is  provided,  no  ventilation  is 
possible  under  such  conditions.  This  hallway,  being  the  only 
means  of  reaching  the  toilet  and  bathroom,  has  had  to  be  tra- 
versed when  patients  wish  to  reach  the  latter,  thus  disturbing  the 
insane  inmate  here  confined. 

On  the  men's  side  there  is  a  special  room  for  insane  cases,  which 
has  been  finished  off  with  wooden  boards  covering  the  entire  side 
walls.  It  has  a  single  window,  inside  of  which  is  a  solid,  heavy, 
wooden  shutter.  The  door  is  constructed  of  wire  grating,  covered 
on  the  outside  with  a  layer  of  boards.  With  the  door  and  shutter 
shut,  there  is  no  ventilation.  It  is  a  pleasure  to  note  that  the 
steward  stated  he  would  only  use  this  room  and  the  hallway  in 
case  of  extreme  necessity. 

Institution  No.  48 
The  material  conditions  here  are  satisfactory  for  an  alms- 
house. Although  this  institution  is  supposed  to  have  no  insane, 
the  local  authorities  recognize  the  insanity  of  the  insane  persons 
found  among  the  inmates,  it  being  explained  that  so  long  as  the 
insane  are  quiet  and  inoffensive  it  is  customary  to  keep  them 
here,  regardless  of  mental  symptoms,  as  the  County  thereby 
saves  the  extra  expense  involved  in  their  maintenance  in  a  State 
hospital.  However,  when  one  becomes  noisy  or  troublesome, 
commitment  follows.  One  such  case  had  an  incised  wound,  the 
result  of  striking  his  head  on  a  washbowl,  when,  in  a  fit  of  anger, 

[79] 


he  declared  he  would  kill  himself,  and  it  is  felt  that  this  individual 
may  shortly  have  to  be  committed. 

Five  of  the  defective  women  inmates  have  borne  children, 
although  but  two  are  married,  and  their  husbands  have  deserted. 
One  has  her  child  with  her.  A  male  sane  inmate  was  seen  bring- 
ing in  a  basket  of  potatoes,  although  his  nose  was  partly  eaten 
away  with  carcinoma  and  there  was  no  dressing  upon  it. 

Alleged  cases  of  insanity  are  brought  here  pending  commit- 
ment. When  disturbed  they  are  kept  in  so-called  cell  rooms, 
there  being  four  for  the  men  and  three  for  the  women.  The  men's 
rooms  are  ordinary  rooms,  but  have  tile  floors;  each  has  an 
outside  window  covered  with  a  close  iron-bar  mesh-work,  with 
an  inside  door  of  similar  construction,  outside  of  which  is  a  heavy, 
solid,  wooden  door.  Both  doors  are  kept  locked  when  the  rooms 
are  in  use.  The  women's  cell  rooms  are  inside,  with  no  opening 
other  than  the  door,  and  hence  are  dark  and  poorly  ventilated. 
The  side  walls  are  finished  with  boards;  the  doors  are  of  heavy, 
wooden  construction,  with  a  central  aperture  covered  with 
straight,  heavy,  iron  bars.  The  rooms  are  heated  only  from 
the  hallways.  The  only  toilet  facilities  provided  are  small 
vessels.  On  the  day  of  the  visit  but  one  cell  was  occupied  and 
that  by  a  male,  restless,  deteriorated  epileptic. 

While  unused,  two  so-called  "standing  cells"  are  an  interesting 
relic  of  the  past;  they  are  merely  two  small  closets,  just  large 
enough  for  an  adult  to  stand  erect  in  with  the  door  closed.  If 
a  person  once  sank  down,  it  would  thus  be  impossible  to  again 
assume  an  erect  posture ;  it  was  admitted  that  the  quieting  effect 
of  such  confinement  could  only  have  resulted  from  exhaustion, 
and  it  was  said  that  their  manifest  barbarity  caused  their  aban- 
donment. 

SUMMARY  OF  UNLICENSED  ALMSHOUSES 
In  reviewing  this  group  of  almshouses  it  may  be  said  that,  while 
the  majority  provide  fair  material  conditions  for  paupers,  even 
that  is  not  true  of  all  of  them,  and  none  have  any  proper  means 
of  caring  for  the  insane.  Despite  this  fact,  three  of  them  have 
locally  recognized  insane  departments.  None  of  the  local  au- 
thorities have  any  idea  as  to  what  constitutes  proper  treatment 
for  the  insane,  and  there  can  be  no  doubt  that  many  insane 
patients  have  failed  of  recovery,  even  if  some  alleged  cases  of 

[8ol 


insanity  have  not  been  rendered  actually  insane,  by  the  barbarous 
treatment  to  which  they  have  been  subjected.  In  such  category 
may  be  mentioned  seclusion  for  long  periods  in  dark  and  un- 
wholesome cells,  in  some  instances  cared  for  only  by  pauper  in- 
mates, and  often  deprived  of  even  the  most  common  and  most 
necessary  conveniences  of  life.  Treated  more  as  wild  animals 
than  as  unfortunate  human  beings  entitled  to  every  considera- 
tion and  sympathy,  they  constitute  a  class  of  individuals  for 
whom  no  possible  future  misfortune  can  have  any  terrors. 

Fortunately  the  number  of  the  insane  in  the  almshouses  is 
comparatively  small,  but  so  long  as  Counties  act  independently 
in  caring  for  this  dependent  class,  so  long  will  there  be  some  Coun- 
ties in  which  a  patient  must  be  either  "noisy  or  troublesome"  to 
receive  the  benefit  of  treatment  in  a  State  hospital,  the  matter  of 
cost  outweighing  the  possibility  of  cure  in  quiet,  inoffensive  cases. 


GENERAL  SUMMARY 

In  reviewing  the  State  as  a  whole,  as  to  the  care  of  the  insane, 
a  striking  feature  is  the  great  variability  in  the  standard  of  care 
and  treatment  maintained  in  different  types  of  institutions,  and 
in  some  instances  in  different  institutions  of  the  same  type.  In 
some  places  patients  receive  every  care  and  attention  that  is  indi- 
cated by  modern  science  as  beneficial,  while  in  others,  although 
there  appears  no  evidence  of  any  degree  of  actual  physical  abuse, 
yet,  what  may  be  even  worse,  there  is  the  most  utter  neglect. 

It  appears  to  be  largely  a  question  of  the  geographical  location 
of  a  patient's  residence  whether  such  patient  receives  the  benefit 
of  active,  curative  treatment,  or  is  allowed  to  lapse  into  chronicity 
in  some  custodial  institution  without  an  effort  made  to  stay  the 
course  of  the  disease.  Just  how  our  boasted  political  equality 
can  be  reconciled  with  such  a  vital  inequality  of  opportunity  does 
not  appear.  There  is  no  greater  necessity  to  "the  pursuit  of 
happiness"  than  mental  health,  and  so  far  as  public  provisions 
are  made  for  the  insane  it  would  appear  as  though  one  citizen  had 
as  much  right  to  receive  good  treatment  and  a  chance  for  mental 
restoration  when  stricken  with  mental  disease  as  another. 

The  un-American  and  un-democratic  practice  prevailing  in  some 
communities  (Institutions  Nos.  19  and  27)  of  sending  patients  "  be- 
longing to  the  better  families  "  to  a  State  hospital  and  others  to  the 
6  [81] 


county  custodial  institution  should  no  longer  be  tolerated.  But 
it  is  in  no  way  worse  than  determining  the  question  as  to  where  a 
patient  shall  be  committed  by  the  degree  of  troublesomeness 
manifested,  regardless  of  prognosis.  It  is  impossible  that  the 
latter  can  be  adequately  taken  into  account  when  the  matter  is 
determined  by  County  Commissioners,  Poor  Directors  and  non- 
medical stewards  and  superintendents  of  county  institutions,  as 
is  now  the  prevailing  practice,  even  in  communities  where  the 
loud  boast  is  heard  that  only  chronic  cases  are  sent  to  the  county 
institutions. 

That  varying  standards  should  exist  is  not  surprising  in  view 
of  the  varying  methods  of  dealing  with  the  insane.  There  can 
not  be  more  than  one  best  system,  and  but  a  single  policy  can  be 
successfully  followed.  The  only  results  obtained  in  the  State  of 
Pennsylvania,  which  have  been  even  approximately  satisfactory, 
have  been  in  the  State  hospitals.  The  fact  that  the  State  has 
never  yet  assumed  full  responsibility  for  the  insane  is  no  reason 
why  advantage  should  not  be  taken  of  experience.  The  mere 
fact  that  treatment  of  insanity  implies  deprivation  of  liberty 
suggests  the  propriety  of  general  laws  governing  all  details  of  the 
matter  applicable  in  exactly  the  same  manner  to  all  individuals 
affected  throughout  the  State. 

But  apart  from  the  desirability  of  securing  a  uniform  and  satis- 
factory standard  of  care  is  the  imperative  necessity  of  taking 
some  action  to  provide  for  the  excess  number  of  insane  in  the 
State  for  whom  there  are  now  no  accommodations  in  any  kind  of 
an  institution.  When,  as  has  happened,  a  city  and  a  State  hos- 
pital have  to  resort  to  the  courts  to  determine  the  right  of  each  to 
refuse  to  accept  more  patients  because  of  dangerous  overcrowding 
it  would  seem  as  though  a  definite,  well-planned  policy  should  at 
once  be  substituted  for  the  present  temporizing  method,  especially 
as  in  the  dispute  mentioned  the  fact  of  overcrowding  was  indis- 
putable, and  hence  both  institutions  were  justified  in  their  atti- 
tude. 

Relative  Merits  of  State  and  County  Care 

In  discussing  the  relative  merits  of  State  and  county  care,  it 
must  be  admitted  that  the  latter  system  has  had  numerous  argu- 
ments urged  in  its  favor,  the  main  ones  being  as  follows: 

1.  Possibility  of  patients  remaining  near  home  and  receiving 
visitors. 

[82I 


2.  Greater  opportunity  for  occupation. 

3.  More  individual  care  and  avoidance  of  so-called  "massing 

together"  in  large  institutions. 

4.  More  homelike  surroundings  and  avoidance  of  institu- 

tional atmosphere. 

5.  Greater  numbers  of  recoveries. 

6.  Lower  maintenance  cost,  especially  for  chronic  insane. 
The  above  arguments  will  be  discussed  separately  and  in  order. 

1.  Possibility  of  Patients  Remaining  Near  Home 
AND  Receiving  Visitors 

While  theoretically  visits  from  friends  may  be  more  readily 
possible  in  county  institutions,  as  a  matter  of  fact  they  are  not. 
Including  only  such  institutions  as  keep  records  of  visits  and 
those  in  which  the  local  authorities  felt  it  was  possible  to  make  an 
accurate  estimate,  it  was  found  that  in  six  State  hospitals,  with  a 
census  of  7275,  there  were  2942  patients  who  had  not  been  visited 
within  a  year,  while  in  21  city  and  county  institutions,  with  a 
census  of  6476,  there  were  2583  patients  who  had  not  been  visited 
within  a  year.  In  figuring  the  percentage  of  unvisited  patients, 
the  surprising  result  is  that  the  proportion  of  visited  patients 
remains  practically  constant,  regardless  of  the  type  of  institution 
— the  percentage  for  the  State  hospitals  being  40.43  per  cent  un- 
visited and  for  the  city  and  county  institutions  39.88  per  cent 
unvisited. 

It  is  contrary  to  ordinary  experience  to  believe  deprivation 
of  liberty  amid  familiar  scenes  is  less  irritating  than  the  loss  of 
liberty  amid  strange  ones.  Under  the  latter  circumstance  new 
surroundings  and  interests  are  often  found  to  so  occupy  even  a 
diseased  mind  that  such  deprivation  of  liberty  as  is  necessary 
is  obscured  and  unrealized  by  the  patient.  Such  result  cannot 
be  expected  when  confinement  occurs  amid  familiar  surround- 
ings, where  all  objects  recall  former  habits  of  unrestricted  move- 
ment. But  aside  from  the  above  consideration,  if  a  well  balanced 
State  Hospital  system  were  established,  with  due  regard  to  the 
distribution  of  population,  no  hardship  regarding  visits  need 
result. 

2.  Greater  Opportunity  for  Occupation 

The  matter  of  occupation  is  undeniably  of  first  importance. 
But  this,  like  all  other  features,  must  be  judged  by  general  results 

[83] 


and  not  by  isolated  instances.  The  degree  to  which  occupation 
is  developed  in  any  institution,  regardless  of  type,  depends  upon 
personal  initiative  and  material  conditions. 

The  actual  findings  respecting  this  matter  are  as  follows: 
8  State  hospitals  have  percentages  ranging  from  39.1  per  cent  to 
64.3  per  cent  of  the  total  hospital  population  regularly  occupied. 

Institution  No.  11 43.2  per  cent 

12 48.2 

13 42.1 

14 484 

15 391 

16 64.3 

17 61.8 

18 48.5 

The  hospital  (No.  15)  in  which  the  lowest  percentage  obtains  is 
termed  a  State  hospital  by  courtesy  only,  for,  while  supported  for 
the  most  part  by  State  funds,  it  is  under  private  control.  While, 
as  is  to  be  expected,  the  above  percentages  show  some  variation, 
and  the  number  of  patients  occupied  in  some  institutions  could 
undoubtedly  be  increased,  the  general  average  is  good. 

As  for  the  19  county  institutions,  the  following  indicates  the 
percentage  of  the  total  number  of  patients  regularly  employed : 

Institution  No.  19 29.2  per  cent 

20 28.8    " 

21 507    "       '' 

22 "  I  or  2  patients" — has  cen- 
sus of  but  8  patients 

23 57.4  per  cent 

24 26.8    "       " 

25 46.1    " 

26 "About  50  per  cent" 

27 40.9  per  cent 

28 36.9    " 

29 52.1    "       " 

30 49-9    "       " 

31 50.3    "       " 

32 "About  50  per  cent 

33 67.2  per  cent 

34 43-5    "       " 

35 25.6    "       " 

36 32.0    "       " 

37 39.2    "       " 

The  percentages  given  show  a  much  wider  range  of  variability 
in  the  number  of  patients  occupied  in  the  county  institutions 
than  in  the  State  hospitals,  suggesting  that  when  good  results  are 
obtained  in  the  former  it  is  because  of  special  local  conditions  or 
special  initiative.    The  latter  is  especially  true  in  Institutions  Nos. 

[84] 


21,  23,  29  and  33,  where  has  occupation  been  developed  in  an 
excellent  manner,  although  in  the  first  mentioned  under  most  ad- 
verse circumstances.  The  lesson  to  be  drawn  is  not  that  either 
State  or  county  institutions,  as  such,  offer  superior  opportunity 
for  occupational  work,  but  rather  that  opportunity  can  be  offered 
in  any  type  of  an  institution  if  properly  equipped  and  provided 
with  sufficient  acreage.  The  two  factors  mentioned — material 
conditions  and  personal  initiative,  are  alone  essential  to  success, 
and  the  mere  fact  that  fairly  uniform  results  are  obtained  in  the 
State  hospitals,  whereas  county  institutions  show  a  wide  vari- 
ability, seems  to  indicate  that  such  factors  are  more  apt  to  exist 
in  State  hospitals. 

3.  More  Individual  Care  and  Avoidance  of  So-called 
"Massing  Together"  in  Large  Institutions 

The  lack  of  individual  care  in  the  State  hospitals  has  not,  at 
the  present  time  at  least,  assumed  the  proportions  of  such  lack 
in  county  institutions.  This  fact  is  demonstrated  by  the  num- 
ber of  attendants  found  on  duty  in  the  various  institutions  in 
proportion  to  the  number  of  patients  treated  therein.  The 
number  actually  on  duty  is,  of  course,  less  than  the  number 
assigned,  as  there  are  always  a  certain  number  of  absences  by 
reason  of  sickness,  regular  time  allowance  off  duty,  special  de- 
tails, etc. 

In  the  State  hospitals  the  proportion  of  day-attendants  was 
as  follows : 


Institution  No.  1 1 . 
12. 
13 
14. 
15- 
16. 

17- 
18. 


attendant  to  14  patients 

"  13 

"  "  12 

"  13 

"  II 

"  16 

"  13 

"  19 


The  last  institution  is  for  criminal  insane  only  and  the  propor- 
tion of  attendants  is  there  less  because  of  the  closer  confinement 
of  patients  and  the  necessity  for  a  large  night  force,  the  latter 
being  in  the  proportion  of  i  attendant  to  1 7  patients. 

The  proportion  of  day-attendants  in  the  county  hospitals  was 
as  follows: 

[85] 


Institution  No.  19 i  attendant  to  20  patients 

20 I  "  "24        " 

21 I  "  "16        " 

22 None,  solely  for  8  insane 

here  confined 

23 I  attendant  to  2 1  patients 

24 I  "  "22 

25 I  "  "26 

26 I  "  "14 

27 I  "  "22 

28 I  "  "23 

29 I  "  "17 

30 I  "  "22 

31 I  "  "16 

32 I  "  "15 

33 I  "  "18 

34 I  "  "19 

35 I  "  "13 

36 I  "  "21 

37 I  "  "32 

In  some  instances  the  difference  in  proportion  between  the 
State  hospitals  and  county  institutions  is  not  large,  but  as  seen 
from  the  details  of  the  care  given,  as  set  forth  in  this  report,  the 
type  of  care  in  the  county  institutions,  considering  the  whole 
system,  is  so  decidedly  inferior  to  that  in  the  State  hospitals  as 
to  admit  of  no  comparison.  In  general,  it  is  the  substitution  of 
mechanical  means  of  restraint  and  confinement  for  personal  care 
and  attention,  the  lesser  cost  of  the  former  no  doubt  being  a  factor. 

The  difference  between  the  State  hospitals  and  County  institu- 
tions is  still  more  marked  as  regards  medical  care  and  attention. 
While  all  State  hospitals  have  staffs  of  resident  physicians,  the 
number  of  physicians  being  in  fair  proportion  to  the  number  of 
patients  treated,  in  but  8  of  the  19  County  hospitals  are  there 
resident  physicians.  In  4  County  hospitals,  or  half  of  those 
having  resident  physicians,  there  is  but  a  single  physician  in  the 
person  of  a  medical  superintendent,  or  a  physician  in  charge,  who 
in  every  instance  is  obliged  to  devote  so  much  of  his  time  to 
executive  duties  that  it  is  impossible  for  him  to  give  as  much 
attention  to  strictly  medical  matters  as  would  appear  desirable. 
In  the  remaining  4  County  institutions  with  resident  physicians, 
in  no  instance  are  there  more  than  two  assistant  physicians  in 
addition  to  the  physician  in  charge,  although  such  institutions 
have  the  number  of  patients  indicated  below: 

No.  20,  census  886 
No.  30,  *'  517 
No.  32,  "  621 
No.  35,  "  456 
186] 


In  the  II  County  hospitals  without  a  resident  physician,  the 
only  medical  attention  is  that  given  by  visiting  physicians  who 
regularly  visit  only  at  intervals  of  varying  length.  It  is  thus  not 
surprising  to  find  that  the  medical  work  is  devoted  solely  to  the 
treatment  of  physical  ills. 

As  to  "massing  together,"  no  properly  equipped  hospital  of 
any  character  allows  such  conditions  to  exist.  A  large  institu- 
tion does  not  necessarily  mean  such  a  single,  monasterial  structure 
as  was  formerly  in  vogue,  but  a  collection  of  numerous  building 
units,  sometimes  widely  separated.  With  the  modern  cottage 
system,  a  large  institution  alone  is  able  to  provide  proper  classi- 
fication, a  general  lack  of  which  is  one  of  the  serious  faults  of  the 
county  institutions.  Indeed,  the  only  classification  attempted  in 
the  vast  majority  of  them  is  to  separate  the  disturbed  from  the 
quiet  as  well  as  may  be,  but  that  such  result  is  not  always  ob- 
tained is  shown  in  the  main  body  of  this  report.  It  is  likewise 
there  shown  that  the  close  physical  contact  between  patients 
of  many  different  types  could  not  be  exceeded  under  any  possible 
condition  of  "massing  together"  in  a  State  hospital. 

4.  More  Home-like  Surroundings  and  Avoidance  of  the 
Institutional  Atmosphere 
The  less  said  about  the  home-like  surroundings  the  better, 
so  far  as  the  average  county  institution  is  concerned,  for  it  may  be 
again  repeated  that  average  conditions  must  be  considered  and 
not  specific  instances.  And  the  prevailing  custom  of  erecting  the 
buildings  for  the  insane  at  the  rear  of  the  almshouse  buildings 
is  certainly  not  calculated  to  remove  institutional  atmosphere. 
Neither  is  the  practice  peculiar  to  county  institutions  for  the 
insane  of  providing  only  enclosed  exercise  yards,  most  of  which 
are  surrounded  by  high  fences,  completely  cutting  off  the  pa- 
tients' view. 

5.  Greater  Number  of  Recoveries 
It  has  been  argued  that  the  county  hospitals  cure  more  pa- 
tients than  do  the  State  hospitals.  If  such  were  the  case,  it 
would  seem  that  all  progress  has  been  made  under  false  im- 
pressions. If  poor  facilities  and  lack  of  facilities  produce  better 
results  than  do  proper  provisions,  then,  indeed,  should  present 
conditions  prevail. 

[871 


It  would  be  possible  to  present  statistics  as  to  recoveries  which, 
as  in  the  statistics  given,  would  show  individual  county  institu- 
tions making  a  good  showing,  but  as  the  manner  by  which  re- 
coveries have  been  determined  leaves  much  to  be  desired,  such 
statistics  would  prove  nothing.  For  instance,  even  in  such 
county  institutions  as  have  a  physician  to  determine  the  ques- 
tion of  recovery,  it  was  found  that  patients  were  discharged  as 
recovered  when  diagnosed  as  suffering  from  incurable  disorders, 
such  as  paranoia,  and  even  the  fatal  disease  of  paresis.  In  one 
institution  with  a  high  recovery  rate  it  was  found  that  33  per 
cent  of  the  recoveries  were  alcoholic  cases,  some  of  whom  were 
admitted  and  discharged  several  times  within  the  year,  each  time 
counting  as  a  recovery,  one  such  case  repeating  on  four  different 
occasions.  Recovery  rates  prepared  in  such  a  manner  are  not  to 
be  considered  seriously.  Nor  can  it  be  thought  that  in  such 
institutions  as  provide  a  layman  to  pass  on  the  question  of  re- 
covery, recovery  statistics  are  any  more  accurate. 

The  question  of  recovery  is  ofttimes  most  difficult  to  deter- 
mine. Insanity  is,  after  all,  a  social  maladjustment,  and,  unless 
a  patient  has  had  an  opportunity  to  prove  recovery  by  proper 
social  adjustment  outside  an  institution,  statistics  bearing  on  the 
subject  are  more  apt  to  lead  to  erroneous  conclusions  than  correct 
ones.  Hence  the  desirability  of  a  parole  period  with  subsequent 
examination  prior  to  discharge.  Despite  all  the  above,  7  of  the 
19  county  institutions  discharged  no  cases  as  recovered  during 
their  last  hospital  year,  5  institutions  discharged  in  the  aggre- 
gate 18  cases  as  recovered,  while  in  but  7  were  there  fair  re- 
covery rates,  assuming,  for  the  sake  of  argument,  that  statistics 
were  accurately  prepared.  In  the  State  hospitals,  on  the  con- 
trary, normal  recovery  rates  everywhere  obtained,  except  only 
as  they  were  influenced  by  their  special  character,  as  in  the  State 
hospital  for  chronic  insane  and  the  State  hospital  for  criminal 
insane. 

6.  Lower  Maintenance  Cost,  Especially  for  Chronic  Insane 
It  cannot  be  denied  that  cost  of  maintenance  is  less  in  county 
hospitals,  as  proper  facilities  cost  more  than  does  their  lack. 
Mere  custodial  care  costs  less  than  docs  remedial  medical  treat- 
ment. An  article  of  poor  quality  can  always  be  purchased  for 
less  than  a  superior  one.     It  is  cheaper  to  die  without  medical 

[88  1 


attendance  than  with  it.  But  because  these  facts  are  true,  no 
one  suffering  from  even  a  fatal  illness,  or  with  a  near  relative  so 
suffering,  would  feel  that  the  question  of  cost  should  prevent  the 
sufferer  from  receiving  every  possible  medical  aid  and  atten- 
tion. Therefore,  it  appears  strange  that  mental  death,  in  many 
respects  worse  than  physical  death,  should  be  differently  re- 
garded. 

But  it  is  argued  that  chronic  insane  require  only  custodial 
care.  The  first  difificulty  is  to  find  the  person  competent  to 
determine  chronicity;  while,  of  course,  it  is  possible  to  do  so  in 
many  Ccises,  there  are  still  many  others  in  which  present  knowl- 
edge does  not  allow  a  definite  statement.  No  better  proof  of 
this  is  needed  than  the  fact  that  there  were,  during  the  last  hos- 
pital year  of  the  various  institutions,  117  patients  discharged  as 
recovered  who  had  been  under  treatment  longer  than  a  year. 
After  making  due  allowance  for  such  inaccuracies  in  the  sta- 
tistics as  have  been  pointed  out,  the  above  renders  striking  con- 
firmation of  the  fact,  repeatedly  demonstrated  by  experience,  that 
in  some  forms  of  insanity  improvement  and  even  recovery  may 
occur  after  several  years'  duration.  It  is  therefore  not  creditable 
that  the  question  of  cost  should  be  allowed  to  weigh  against 
every  possible  chance  being  offered  every  insane  person  for  mental 
restoration. 

It  is,  however,  unfortunately  true  that  large  numbers  of  the  in- 
sane cannot  be  restored  by  any  known  means  of  treatment,  but 
that  does  not  argue  that  they  are  not  entitled  to  the  best  grade 
of  custodial  care  consistent  with  a  properly  economical  ad- 
ministration. The  details  already  presented  relative  to  indi- 
vidual institutions  indicate  that  even  custodial  care,  as  such, 
is  best  given  in  the  State  hospitals,  for,  with  detached  groups  of 
buildings,  no  need  arises  whereby  such  patients  come  in  contact 
with  acute  patients.  Furthermore,  it  is  not  often  that  so-called 
"chronic  cases"  present  the  distressing  scenes  of  great  excitement 
or  extreme  depression  and  agitation,  so  feared  by  some  for  their 
injurious  effect  upon  the  acute  cases.  It  is  rather  among  the 
acute  insane  themselves  that  such  scenes  occur,  and  hence  the 
necessity  of  acute  hospital  buildings  for  the  treatment  of  such 
conditions,  that  fine  classification  may  be  possible. 

There  are,  however,  chronic  cases  which  occasionally  suffer 
from  acute  exacerbations  which  require  the  same  treatment  as 


similar  phases  of  disease  in  acute  cases,  and  only  when  such 
chronic  patients  are  cared  for  in  a  well-equipped,  large  hospital 
can  they  be  transferred  to  the  acute  hospital  department  and 
receive  proper  treatment. 

In  addition  to  all  the  above  we  now  know  that  infinite  possi- 
bilities exist  in  the  occupational  reeducation  of  even  the  most 
chronic  insane  patients.  But  not  only  do  the  county  institutions 
fail  to  provide  such  work,  as  such,  but  in  most  of  them  there  is  no 
knowledge  whatever  of  the  subject.  That  work  is  good  for  the 
chronic  insane  is,  of  course,  universally  conceded,  but  that  oc- 
cupation should  be  fitted  to  special  needs,  that  dormant  interests 
can  thus  be  awakened,  and  that  practically  new  mental  life  is 
often  the  result  of  intensive  personal  reeducational  effort  applied 
with  regard  to  individual  needs,  there  is  no  conception.  But 
such  is  the  fact  and  it  alone  would  seem  sufficient  to  render  forever 
obnoxious  the  idea  that  ordinary  custodial  care  is  good  enough 
for  the  chronic  insane,  however  less  the  cost. 


The  fact  that  county  institutions  do  not  and  cannot  supply 
the  demand  of  modern  psychiatric  progress  is  evident  from  a 
brief  consideration  of  their  organization.  Controlled  as  they  are 
by  Poor  Directors,  whose  thought  is  not  the  cure  of  insanity, 
many  even  expressing  an  open  incredulousness  as  to  its  possi- 
bility, such  institutions  are  conducted  in  conjunction  with 
almshouses  towards  whose  standard  they  inevitably  tend. 
Indeed,  as  has  been  noted,  in  some  instances  the  insane  and  the 
paupers  occupy  the  same  building,  and  in  but  few  instances  is 
there  any  appreciable  difference  in  the  character  of  the  care  given 
the  two  classes  of  individuals.  It  should  not,  however,  be  as- 
sumed that  the  faults  of  the  county  institutions  are  wilful  faults 
of  the  local  administrations;  in  most  instances  the  local  stewards 
and  superintendents  of  county  institutions  were  found  to  be  men 
doing  their  duty  as  best  they  knew  and  as  best  they  could  under 
woefully  inadequate  conditions.  As  a  class,  they  were  found  to 
be  kindly,  humane  men,  who  in  the  vast  majority  of  instances 
appreciate  the  faults  of  the  existing  system  and  would  welcome 
State  care  of  the  insane. 

Aside  from  material  conditions,  the  most  universal  and  the 
most  serious  lack  is  the  want  of  medical  treatment  directed  to  the 

I90I 


cure  of  mental  disease,  as  such,  but  under  the  existing  organiza- 
tion of  county  institutions  such  lack  is  not  surprising.  The 
Poor  Directors  must  necessarily  be  chiefly  interested  in  the  matter 
of  expense;  should  the  poor  tax  be  raised,  their  chances  of  re- 
election are  of  course  jeopardized,  and  it  is  not  without  signifi- 
cance that  Institution  No.  35  is  the  only  county  institution  in  the 
State,  with  a  single  exception,  provided  with  continuous  baths  and 
other  modern  equipment  when  one  learns  that  it  alone  of  all 
the  county  institutions  is  governed  by  an  independent,  unsalaried 
Board  of  Trustees. 

It  is  contrary  to  ordinary  experience  to  expect  that  all  counties 
can  ever  be  induced  to  spend  sufficient  funds  to  properly  equip 
their  institutions.  In  fact,  it  would  appear  unjustified  to  expect 
it,  for  it  would  mean  a  prohibitive  per  capita  cost.  It  is  only  in 
large  institutions,  where  the  cost  is  distributed  over  a  large  num- 
ber of  patients,  that  the  expense  of  proper  equipment  assumes 
reasonable  per  capita  proportions,  and  when  adequate  facilities 
are  provided,  it  is  but  common  sense  to  expect  the  fullest  use 
to  be  made  of  them,  which  is,  of  course,  impossible  in  small 
institutions. 

It  has  been  argued  that  a  large  institution  is  undesirable, 
because  the  superintendent  is  unable  to  personally  know  and 
direct  the  treatment  of  individual  patients.  But  such  a  view 
of  the  matter  appears  superficial.  It  matters  little  to  the  patient 
who  the  individual  is  who  treats  him,  providing  that  individual 
be  competent  and  adequate  material  facilities  be  provided.  It 
would  appear  that  a  superintendent  fulfils  his  function  when  he 
sees  that  proper  facilities  and  treatment  are  provided,  retaining, 
of  course,  such  personal  supervision  as  is  possible.  It  is  more 
important  that  adequate  material  facilities  be  provided  to  sup- 
plement skilled  medical  treatment  than  that  the  latter  should  be 
administered  by  any  one  person;  the  above,  of  course,  implies 
a  well-organized  and  competent  staff,  as  none  could  successfully 
decry  the  importance  of  personal  treatment. 

To  remove  the  insane  from  almshouse  association,  with  all  that 
it  implies,  to  provide  proper  facilities  for  the  treatment  of  mental 
disease,  as  such,  including  chronic  as  well  as  acute  conditions,  to 
remove  the  whole  subject  of  the  care  of  the  insane  from  the  realm 
of  partisan  politics  and  at  the  same  time  accomplish  such  result 
at  a  minimum  expenditure  of  money  is  a  problem  which  appears 

[91] 


in  no  way  possible  of  accomplishment  except  by  the  adoption  of 
State  care. 

As  a  necessary  corollary  there  should  be  a  State  Civil  Service 
for  officers  and  employees,  wherein  merit  alone  will  win  promotion 
and  where  like  salaries  will  be  paid  for  like  service  in  all  parts  of 
the  State — there  now  existing  great  inequality  in  this  regard. 
The  successful  operation  of  a  State  Care  system  likewise  implies 
a  central  coordinating  or  supervisory  bureau  or  commission 
empowered  to  maintain  proper  standards  and  to  recommend  the 
distribution  of  funds  where  the  greatest  needs  exist,  with  regard 
to  the  interest  of  the  State  as  a  whole,  all,  of  course,  under  proper 
checks.  In  such  connection,  the  budget  system  is  worthy  of 
consideration. 

Such  an  organization  should  not  displace  the  local  boards  of 
managers,  for  local  initiative  and  local  pride  should  be  stimulated 
in  every  proper  way  and  the  details  of  hospital  management 
should  be  left  to  them  and  the  superintendent.  So  it  would,  of 
course,  be  necessary  that  the  exact  balance  of  power  between  the 
central  and  local  authorities  be  very  carefully  worked  out. 

Such  a  definite  State-wide  scheme  is  as  much  in  the  interest 
of  true  economy  as  humanity,  for  only  thus  can  uniformity  of 
method  be  obtained,  with  resulting  economies  peculiar  to  large 
organizations.  The  present  lack  of  uniformity  in  both  business 
and  medical  methods  is  a  necessary  result  of  the  independent 
manner  in  which  each  institution  has  developed.  It  follows  that 
experience  gained  in  one  institution  has  been  lost  in  another, 
while  records  are  worthless  for  purpose  of  comparison.  By 
uniting  all  institutions  in  one  system,  the  experience  of  one  will 
become  the  property  of  all.  Records,  both  business  and  medical, 
being  prepared  alike  throughout  the  State,  will  be  thereby  en- 
hanced in  value.  And  thus  alone  can  medical  records  be  rendered 
available  for  scientific  study,  which  is  merely  the  formation  of 
conclusions  based  on  exact  data. 

There  are  numerous  matters  in  connection  with  the  care  of  the 
insane  in  Pennsylvania  which  merit  discussion,  but  which  can  but 
be  mentioned  within  the  limits  of  this  report.  Among  them  is 
the  need  for  codification  of  the  insanity  law,  with  the  elimination 
of  such  an  inconsistency  as  is  seen  in  the  provision  whereby  a  vol- 
untary patient  must  be  financially  able  to  provide  maintenance, 
when,  in  another  section,  the  law  reads  that  indigent  patients 

l92] 


shall  have  the  preference  in  securing  admission  to  hospitals  for  the 
insane.  It  is  by  the  treatment  of  voluntary  patients  that  later 
commitments  can  be  avoided,  as  the  importance  of  early  treat- 
ment cannot  be  overemphasized.  But  under  the  law  an  indigent 
patient  must  first  progress  in  his  mental  disease  until  commitable 
before  he  is  permitted  to  receive  treatment,  although  at  such 
point  he  is  given  preference. 

In  connection  with  the  need  of  early  treatment,  the  matter  of 
psychopathic  wards  in  general  hospitals  should  receive  attention. 
Despite  the  excellent  law  passed  at  the  last  session  of  the  As- 
sembly relative  to  such  wards,  but  two  have  been  established, 
and  the  practice  is  still  well-nigh  universal  of  placing  the  alleged 
insane  in  jails.  Indeed,  the  plans  of  a  jail  about  to  be  erected 
call  for  a  padded  cell  for  the  insane.  Insanity  being  a  matter  of 
public  health,  would  seem  to  more  properly  belong  to  the  realm  of 
health  officers  than  peace  officers,  or  even  poor  officials. 

A  uniform  method  of  commitment  should  be  provided.  As  at 
present  constituted,  the  law  appears  more  concerned  with  an 
alleged  insane  person's  right  of  freedom  than  right  of  treatment. 
Provide  all  legal  safeguards  thought  necessary  to  prevent  wrong- 
ful commitment,  but  do  not  make  them  mandatory,  except  on 
appeal.  If  a  person  knows  he  needs  treatment  and  desires  to 
receive  it,  make  the  way  easy.  There  is  far  more  danger  of  a 
mental  case  failing  to  receive  proper  treatment  than  there  is  of  a 
sane  person  being  committed  as  insane.  Experience  shows  the 
latter  but  rarely  happens,  and  it  is  safe  to  say  that  whenever  it 
has  happened  such  person  has  at  once  been  discharged. 

The  question  of  after-care  following  a  patient's  discharge  from 
the  hospital  and  the  subject  of  public  mental  hygiene  are  of  vast 
importance.  As  in  all  the  ills  to  which  human  flesh  is  heir  pro- 
phylaxis offers  more  hope  than  treatment  after  the  development 
of  disease.  The  statistics  prepared  by  the  National  Committee 
for  Mental  Hygiene  show  that  at  least  50  per  cent  of  the  insanity 
in  this  country  arises  from  preventable  causes — a  startling  fact, 
but  one  offering  encouragement  for  work  in  this  field.  It  is  in 
such  connection  that  there  should  be  closer  reciprocal  relations 
between  the  general  practitioner  and  the  mental  specialist. 

In  bringing  this  report  to  a  close,  it  is  unnecessary  to  make 
further  comments  on  the  conditions  found  to  exist  throughout 
the  State.     The  results  in  no  way  justify  the  existing  system  or 

I93] 


rather  lack  of  system.  A  remedy  is  demanded  and  it  is  hoped 
that  in  some  measure  this  report  has  pointed  the  way  to  com- 
plete State  care  as  the  remedy  needed. 

In  conclusion,  I  wish  to  express  to  the  members  of  your  com- 
mittee my  sincere  appreciation  of  the  many  courtesies  extended 
me,  and  to  your  Executive  Secretary,  Mr.  Robert  D.  Dripps,  my 
gratitude  for  his  ever -ready  assistance  and  kindly  encouragement. 

Respectfully  submitted, 
(Signed)     C.  Floyd  Haviland. 


94 


REPORT  OF  THE 
CITY-COUNTY  COMMITTEE 

*  OF  THE 

American  Political  Science  Association 

By  CLYDE  LYNDON  KING 
University  of  Pennsylvania 

The  committee  has  endeavored  to  make  a  searching  study  of 
these  monographs*  in  order  to  find  out  whether  or  not  certain 
^ripclplfis- might  be  evolved  from  them  that  would  apply  more  or 
.ess  accurately  to  the  city-county  situation  in  all  parts  of  the 
United  States.  The  city-county  situation  is  a  twilight  zone  in 
the  sphere  of  American  government  to  which  the  public  attention 
has  not  been  adequately  directed.  With  the  thought  of  stimulat- 
ng  constructive  activity  for  such  governmental  units,  the  follow- 
ing suggestions  are  made.  They  are  made  with  the  full  knowl- 
3dge  that  their  efficacy  will  depend  solely  on  their  adaptation  to 
local  needs,  and  not  on  their  wholesale  adoption. 

The  relation  of  towns  and  cities  to  counties  in  the  United 
States  falls  into  three  general  groups:  (1)  the  rural  county  with 
no  significant  industrial  or  urban  interests;  (2)  the  county  con- 
taining several  towns  or  cities  whose  interests  are  more  industrial 
than  agricultural,  and  (3)  densely  populated  areas  whose  inter- 
3sts  are  stri»*tly  urban. 

I.     The  Rural  County 

The  rural  county,  with  distinctly  rural  interests,  and  con- 
taining no  urban  sections  save  those  whose  interests  are  inti- 
T.ateiy  related  to  agriculture,  it  is  not  within  the  special  province 
of  this  report  to  discuss. 

The  committee  finds,  however,  in  such  counties,  urgent  need 
for  a  shorter  ballot.  The  governmental  interests  of  such  counties 
would  best  be  furthered  by  a  unicameral  body  of  about  five  com- 
missioners elected  at  large  in  which  all  power  and  responsibility 
relating  to  county  government  are  centralized.  If  the  county  in- 
2ludes  urban  populations  in  sufficient  number  so  that  the  board 
vvould  be  dominated  solely  by  either  the  rural  or  urban  group,  this 
Drinciple  would  have  to  be  modified  in  some  such  manner  as  is 
'ecommended  in  the  class  of  counties  next  to  be  discussed.    The 

*See  note,  page  IL 


organ  of  county  government  must  be  sufficiently  impoi-tant  to 
attract  public  attention  and  public  scrutiny. 

The  county's  administrative  officers  now  elected  could  then 
be  appointed  either  by  this  body  or  by  the  state  authorities. 
Those  having  to  do  with  the  county  as  an  organ  for  the  satisfac- 
tion of  local  needs  could  be  appointed  by  the  county  commission, 
those  acting  as  state  agents  coula  be  appointed  by  the  governor 
of  the  state.  Court  officials  could  be  appointed  by  the  courts. 
The  committee  is  unanimous  in  its  belief,  however,  that  the  ap- 
pointment, by  the  judiciary,  of  other  than  court  officials,  such  as" 
is  the  practice  in  Philadelphia  (where  the  court  of  common  pleas 
appoints  the  board  of  revision  of  taxes,  the  board  of  inspectors 
of  the  Reed  Street  and  the  Holmesburg  Prison,  the  commission- 
ers of  Fairmont  Park,  the  board  of  education,  nine  members  of 
the  board  of  viewers  of  Philadelphia  County  and  the  board  of 
directors  of  city  trusts)  is  vicious  in  its  results,  and  should  be 
abolished.  Appointments  by  the  judiciary  should  be  limited 
strictly  to  court  officials  in  order  that  the  judicial  functions  may 
be  kept  distinct. 

A  study  of  many  of  the  county  officials  now  usually  elected  will 
show  that  there  is  little  justification  for  their  election,  if,  indeed, 
for  the  existence  of  some  of  them.  An  illustration  in  point  is  the 
office  of  coroner.  This  office  as  it  exists  at  the  present  time^is 
not  only  useless,  but  in  many  cases  it  is  a  positive  menace  to  the 
administration  of  criminal  justice.  The  duties  of  the  office  are 
usually  performed  under  loose  statutory  provisions  rot  adapted  to 
present-day  conditions.  The  duties  of  coroner  require  consider- 
able knowledge  of  both  medical  and  legal  matters,  and  no  single 
individual  can  be  expected  to  be  properly  qualified  in  both  sub- 
jects. Wherever  possible  there  should  be .  substituted  fo|-  the 
coroner  a  medical  examiner  who  is  an  expert  pathologist.  The 
hearings  on  the  causes  of  violent  deaths  could  then  be  held  before 
a  police  court  judge  or  other  competent  magistrate;  and  the  office 
of  medical  examiner  could  be  attached  to  that  of  the  district  at- 
torney in  order  that  the  latter  may  be  able  to  make  the  best  use 
of  evidence  in  criminal  cases.  The  number  of  county  elective 
officers  can  readily  be  reduced  through  the  eliminatio.i  or  appoint- 
ment of  other  officers. 

II.     The  Fedenited  County 

In  many  counties  there  are  several  distinct  towns  or  cities 
with  industrial  interests  more  or  leas  different  from  the  agricul- 


tural  interests,  yet  also  containing  agricultural  districts  whose  in- 
terests must  be  taken  into  account.  The  problem  here  is  to  give 
representation  to  each  of  the  factors. 

A  typical  situation  is  that  of  Essex  County,  New  Jersey,  as 
shown  in  the  monograph  by  Messrs.  Paul  and  Gilbertson,  on 
Counties  of  the  First  Class  in  Neiv  Jersey.  Essex  County  con- 
tains sixteen  municipalities  classified  under  the  state  law  as 
towns,  villages,  boroughs  and  cities.  These  municipalities  vary 
from  a  population  of  442  to  347,469.  In  addition  there  are  four 
townships  with  populations  varying  from  one  to  nine  thousand. 
A  similar  situation  exists  in  Los  Angeles  and  Alameda  Counties, 
California.  Alameda  County  comprises  an  area  of  approximately 
843  square  miles,  contains  a  population  of  265,000  people  and 
embraces  several  incorporated  cities  and  towns  varying  in  popu- 
lation from  808  to  156,674. 

Your  committee  feels  that  this  situation  warrants  the  crea- 
tion of  a  single  county  legislative  body.  In  many  cases  this  body 
could  be  created  on  the  federal  plan.  It  believes  that  the  federal 
type  would  be  better  than  election  at  large  because  public  opinion 
and  scrutiny  have  already  been  focused  upon  the  mayors  and 
elective  oflicials  of  the  city  on  the  one  hand,  and  upon  the  elective 
officials  of  the  township  or  other  governmental  unit  representing 
farmers'  interests  on  the  other  hand. 

A  type  of  the  federation  recommended  is  that  recently 
created  for  a  Public  Utility  District  in  California.  The  board  of 
directors  entrusted  with  the  management  of  this  district  is  com- 
posed as  follows :  the  mayor  or  president  of  the  board  of  trustees 
or  other  governing  body  of  each  city  and  the  chairman  of  the 
board  of  supervisors  of  the  county  if  incorporated  territory  is 
included ;  a  member  of  the  city  council  or  other  person  selected 
by  the  council  from  each  city  having  at  least  5000  registered 
voters ;  and  an  additional  member  of  the  council  or  other  person 
for  each  additional  10,000  voters.  In  efl^ect,  this  board  of  direc- 
tors will  include:  the  mayor  and  one  other  member  from  both 
Alameda  and  Richmond ;  the  mayors  of  Albany,  Emeryville,  Hay- 
wards,  Piedmont  and  San  Leandro;  the  mayor  and  two  others 
from  Berkeley ;  the  mayor  and  four  others  from  Oakland,  and  the 
chairmen  of  the  boards  of  supervisors  in  Alameda  and  Contra 
Costa  Counties.  This  gives  a  board  of  nineteen  men,  so  composed 
as  to  give  at  once  both  permanency  of  policy  and  popular  control. 

If  anything  this  is  too  large  a  board.     If  the  federal  plan 

3 


creates  too  large  a  board,  some  other  method  of  selection  will 
have  to  be  devised,  such  as  electing  a  rather  small  board  of  mem- 
bers by  a  limited  number  of  relatively  large  districts,  using  the 
large  municipalities  and  the  district  rural  units  as  much  as  pos- 
sible. 

The  functions  of  this  central  legislative  body  would  vary 
with  the  needs  of  each  locality.  In  the  matter  of  taxation  it 
would  be  the  unit  both  for  the  assessment  and  collection  of  taxes. 
Your  committee  unreservedly  favors  the  state  centralization  in 
the  supervision  of  collection  of  taxes.*  Such  centralization  does 
away  with  the  evils  inherent  in  decentralization  of  assessment, 
namely,  inequalities  in  assessment  between  the  communities  at 
the  expense  of  the  more  honest  communities.  Moreover,  the 
multiplication  of  taxation  agencies  means  unnecessary  expense. 

A  second  function  of  this  legislative  body  would  be  at  least 
advisory  control  over  the  police  of  the  various  to\Mis  and  dis- 
tricts. The  extent  of  this  control  would  depend  upon  the  degree 
of  continuity  of  urban  populations  and  the  character  and  homo- 
geneity of  police  requirements.  It  is  futile  for  certain  municipali- 
ties to  enforce  their  laws  in  certain  particulars  when  another 
municipality  at  its  border  is  allowed  to  run  wide  open.  A  third 
function  should  unquestionably  be  the  control  over  interurban 
railways  and  city-country  roads.  Professor  Bates,  in  his  study  of 
the  situation  in  Indianapolis,  points  out  the  overlapping  of  respon- 
sibility between  city,  township  and  county  authorities  for  the  con- 
struction and  repair  of  country-to-city  roads.  Though  cities  build 
improved  roads  to  their  limits,  they  soon  find  that  the  returns  to 
the  city  through  better  traffic  from  outlying  regions  is  definitely 
impaired  for  want  of  county  or  township  action.  Somewhat  anal- 
ogous is  the  matter  of  sewer  construction  in  outlying  districts 
beyond  the  city  limits.  Proprietors  of  proposed  additions,  and 
residents  in  suburban  areas  have  found  both  legal  and  practical 
questions  when  they  endeavor  to  get  adequate  connection  with 
sewer  systems.  Such  a  central  legislative  body  could  be  practi- 
cally the  agency  for  controlling  a  metropolitan  sewer  system. 
In  Hudson  County,  New  Jersey,  where  the  community  is  closely 


*Such  as  has  been  developed  in  Alabama,  Arizona,  Arkansas,  Colorado, 
Connecticut,  Indiana,  Kansas,  Maine,  Maryland,  Massachusetts,  Michigan, 
Minnesota,  New  Hampshire,  New  Jersey,  New  York,  North  Carolina,  North 
Dakota,  Ohio,  Orepfon,  Rhode  Island,  Texas,  Utah,  Vermont,  Washington, 
West  Virginia,  Wisconsin  and  Wyoming. 


built  up,  such  a  federated  system  could  also  be  of  service  in  fire 
prevention  and  could  act  as  the  authorities  for  a  metropolitan 
fire  district. 

And  finally  this  federal  legislative  body  could  act  in  an  ad- 
visory function  in  the  regulation  of  public  utilities.  Your  com- 
mittee is  unreservedly  in  favor  of  centralization  in  the  state  of 
ultimate  control  over  the  regulation  of  municipal  utilities.  This 
seems  to  be  necessitated  by  the  great  increase  in  absentee  owner- 
ship and  by  the  dependence  of  one  community  upon  another  for 
proper  extension  and  supervision  of  utility  services.  Local  bodies, 
however,  could  render  distinct  advisory  service,  and  might,  in  the 
larger  urban  centers,  have  regulatory  powers  subject  to  appeal 
to  and  revision  by  the  state  board. 

III.     The  County  City 

The  third  situation  is  that  where  there  are  dense  industrial 
areas  with  interests  essentially  urban. 

A  typical  example  of  this  situation  is  Philadelphia  where  the 
boundaries  of  the  city  and  county  are  conterminous  but  where 
there  is  no  unit  in  city-county  administration.  Thus  the  following 
departments,  which  spent  $18,042,970.55  in  1912,  and  requested 
$20,006,460.15  in  1914,  are  under  the  control  of  the  mayor:  de- 
partment of  supplies,  civil  service  commission,  department  of 
public  safety,  department  of  health  and  charities,  department  of 
public  works,  permanent  committee  on  comprehensive  plans, 
Pennsylvania  Nautical  School,  art,  jury,  board  of  recreation,  de- 
partment of  wharves,  docks  and  ferries,  department  of  city 
transit.  The  following  departments,  though  they  spent  $11,696,- 
220.52  in  1912,  and  requested  $16,623,155.64  in  1914,  are  financed 
through  the  council  but  are  independent  of  the  mayor :  city  con- 
troller, city  treasurer,  board  of  revision  of  taxes,  receiver  of 
taxes,  department  of  law,  city  commissioners,  clerk  of  quarter 
sessions,  prothonotary,  coroner,  recorder  of  deeds,  register  of 
wills,  district  attorney,  sheriff,  Philadelphia  County  prison,  com- 
missioners of  Fairmont  Park,  commissioners  of  sinking  fund, 
board  of  education,  board  of  viewers  of  Philadelphia  County, 
board  of  mercantile  appraisers,  board  of  registration  commis- 
sioners, Pennsylvania  Museum  and  School  of  Industrial  Art,  Zoo- 
logical Society  of  Philadelphia,  board  of  directors  of  city  trusts. 
Free  Library  of  Philadelphia,  Eastern  State  Penitentiary,  and 
select  and  common  councils.     This  diffusion  of  administrative 


responsibility  leads  not  only  to  duplication  but  to  inefficiency  and 
waste  in  the  non-city  departments. 

Thus  the  total  expense,  according  to  Bulletin  No.  84  issued 
by  the  Philadelphia  bureau  of  municipal  research,  for  the  dis- 
tinctly city  offices  increased  but  1.8  per  cent,  for  1912  over  1911 
while  the  total  expense  incurred  for  the  county  departments  in 
1912  increased  4.6  per  cent,  over  those  of  1911.  The  total  in- 
crease for  all  city  and  county  departments  was  3.2  per  cent. 

Such  was  the  situation  in  Denver  during  the  years  from  1904 
to  1911  when  the  boundaries  of  the  city  and  county  of  Denver 
were  conterminous  but  when  the  court  by  judicial  decree  prevent- 
ed consolidation  under  a  single  legislative  and  administrative  con- 
trol. During  this  period  the  independent  county  officials  in  Den- 
ver and  the  institutions  supervised  by  them  were  incompetently 
manned,  uneconomically  administered  and  in  many  cases  wholly 
corrupt.  Such  is  typical  of  the  situation  that  tends  to  exist 
wherever  there  is  such  overlapping  of  city  and  county  functions. 
The  city  officials  are  elected  under  the  closest  public  scrutiny; 
the  county  officials  under  practically  no  public  scrutiny.  The 
result  is  that  the  city  administration  grows  relatively  more  effi- 
cient and  county  administration  shows  no  improvement  or  grows 
relatively  more  and  more  wasteful. 

The  administrative  consolidation  of  the  county  of  Suffolk 
and  the  city  of  Boston  is  also  not  as  complete  as  might  be  de- 
siitted.  Thus  there  is  a  separate  registry  department  for  the  city 
and  for  the  county.  The  city  registrar  is  appointed  by  the  mayor 
under  civil  service  regulations  while  the  register  of  deeds  for 
the  county  is  elected  by  the  people.  The  county  department  for 
the  year  1911-1912  cost  the  city  $56,000  while  the  city  depart- 
ment cost  but  $38,000.  There  seems  to  be  no  fundamental  rea- 
son, concludes  Dr.  Hormell  in  his  special  monograph  on  Boston's 
County  Problems,  why  these  separate  departments  could  not  be 
consohdated  into  a  single  department.  The  sheriff,  likewise,  is 
an  elected  county  official,  for  Suffolk  County,  and  might  well  be 
dispensed  with.  His  functions  as  a  court  officer  could  be  exer- 
cised by  an  appointee  of  the  court ;  his  duties  in  relation  to  keep- 
ing the  peace  could  better  be  performed  by  the  police  department. 
Greater  efficiency  would  be  secured  and  a  simpler  and  more  logical 
organization  of  Boston  and  Suffolk  County  would  be  brought 
about  by  the  complete  elimination  of  all  other  county  officials. 

Hudson  County,  New  Jersey,  offers  a  similar  need  for  con- 

6 


solidation.  It  presents  a  most  remarkable  physical  unity,  while 
the  urban  unity  is  so  great  that  it  is  impossible  to  tell  where  one 
municipality  ends  and  another  begins.  The  interests  of  all  Hud- 
son County  are  primarily  urban  and  industrial,  yet  there  is  need- 
less duplication  of  government  through  thirteen  different  muni- 
cipalities whose  populations  vary  from  3163  to  267,779. 

Mr.  Catlett's  study  of  the  relation  of  the  city  of  Seattle  to 
the  county  of  King  shows  a  similar  need  for  consolidation  there. 
The  total  population  of  the  county  is  284,500—237,000  of  whom 
are  within  the  limits  of  the  city  of  Seattle. 

The  way  for  consolidation  has  already  been  opened  in  this 
country  by  the  example  of  San  Francisco  and  Denver.  The  gov- 
ernment of  Denver  City  and  County  is  now  administered  exclu- 
sively through  a  commission  of  five  men.  The  government  of 
San  Francisco  was  formerly  administered  bj^  a  mayor,  recorder, 
board  of  aldermen,  board  of  assistant  aldermen,  which  two 
boards  were  styled  "common  council,"  treasurer,  comptroller, 
street  commissioners,  collector  of  city  taxes,  city  marshal,,  city 
attorney  and  two  assessors  for  each  city  ward.  The  county  of- 
ficers included  a  district  attorney,  county  clerk,  county  attorney, 
county  surveyor,  sheriff,  recorder,  assessor,  coroner,  treasurer, 
public  administrator,  and  county  board  of  supervisors.  The  gov- 
ernment is  now  vested  in  a  single  council  and  a  mayor  with  ap- 
pointive power.  The  result  of  consolidation  in  both  Denver  and 
San  Francisco,  as  in  other  cities  in  the  United  States  where  this 
duplication  does  not  exist,  has  been  economies,  efficiency,  simpli- 
fication and  responsiveness  of  government. 

Your  committee  believes  that  one  of  the  fundamental  stand- 
ards now  to  be  attained  by  such  urban  areas  is  the  adoption  of 
the  English  system  whereby  a  city,  on  gaining  a  given  population 
will  have  automatically,  not  only  the  powers  inherent  to  it  as  a 
municipality  of  its  class,  but  also  all  the  powers  bestowed  upon 
the  county  government.  In  England  a  borough  automatically 
becomes  a  county  borough  with  the  powers  both  of  a  municipality 
and  a  county  when  it  reaches  a  population  of  50,000.  A  similar 
system  is  practiced  in  Prussia,  though  ministerial  decree  not 
merely  the  acquisition  of  a  given  population,  is  necessary  for  con- 
solidation. 

Your  committee  recommends  that  a  standard  be  adopted  for 
each  of  our  states  whereby  a  city,  upon  attaining  a  given  popula- 
tion, dependent  upon  the  needs  of  each  of  the  states,  shall  auto- 


matically  become  a  county-city  with  powers  both  of  a  municipal- 
ity and  a  county,  with  conterminous  boundaries,  a  single  legisla- 
tive body,  and  a  centralized  executive. 

As  to  the  structure  of  government  for  such  a  county-city,  a 
single  body  elected  at  large  is  recommended.  This  principle  could 
be  adapted  to  the  largest  municipalities  by  the  election  of  a  min- 
ority of  the  board,  say  four  of  the  nine  members,  from  the  large 
divisions  of  the  city.  The  large  bicameral  council  is  universally 
giving  way  to  the  small  unicameral  council  in  every  part  of  the 
United  States  where  the  cities  themselves  have  had  anything 
to  do  with  framing  their  own'  charters  for  efficiency.  Even  in 
Philadelphia,  which  has  a  council  of  132  members — 47  in  the 
select  council  and  85  in  the  common  council — there  is  a  move- 
ment on  foot  for  the  creation  of  a  small  council  with  a  single 
chamber.  Experience  there,  as  the  experience  elsewhere,  has 
always  been  that  the  council  is  large  when  it  comes  to  escaping 
responsibility  for  legislative  or  administrative  acts,  but  is  very 
small  when  it  comes  to  determining  what  is  actually  to  be  done 
for  partisan  ends.  Thus  in  Philadelphia  legislation  is  actually 
accomplished  by  a  small  group  of  about  9  men  instead  of  132 
men  as  seems  to  be  the  case.  We  believe  that  the  form  of  gov- 
ernment should  conform  to  the  practice. 

This  small  legislative  body,  as  indicated  above,  should  have 
all  legislative  powers  both  for  the  city  and  county.  But  their 
power  and  authority  should  end  there.  The  responsibility  for 
administration  should  be  vested  solely  in  the  administrators, 
preferably  in  a  single  elective  or  appointive  official.  In  cities  of 
larger  size,  certainly  in  cities  of  over  1,000,000  population,  as  in 
Philadelphia,  your  committee  is  unanimously  of  the  belief  that 
the  mayor  should  be  elective  and  all  appointive  power  centered 
in  him. 

For  cities  of  smaller  size  it  would  no  doubt  be  better  if  the 
responsible  administrative  official  were  appointed  rather  than 
elected  and  be  known  by  some  such  title  as  the  county  manager. 
Hudson  and  Essex  Counties,  New  Jersey,  have  already  an  inde- 
pendently elected  official  known  as  the  county  supervisor.  The 
law  states  that  this  official  "shall  be  the  chief  executive  officer  of 
the  county  and  may  recommend  the  board  of  chosen  freeholders 
to  pass  such  measures  as  he  may  deem  necessary  or  expedient 
for  the  welfare  of  the  county."  He  is  directed  "to  be  vigilant 
and  active  in  causing  the  laws  and  ordinances  of  the  county  to  be 

8 


executed  and  enforced,"  and  is  given  supervisory  powers  over 
administration  and  veto  powers  over  the  resolutions  and  ordin- 
ances passed  by  the  board  of  freeholders.  This  office  can  be  made 
of  the  very  highest  importance  and  a  power  for  efficient  ad- 
ministration. 

Among  others,  the  specific  duties  of  the  county  manager 
would  be:  (1)  to  act  as  purchasing  agent;  (2)  to  supervise  the 
business  administration  of  the  county;  (3)  to  prepare  the  county 
budgets;  (4)  to  keep  the  county's  books.  He  should  be  a  thor- 
oughly trained  official  equipped  with  the  knowledge  of  modern 
administrative  methods,  and  with  the  capacity  of  a  thorough 
exective.  His  tenure  should  be  at  the  pleasure  of  the  board,  and 
the  board  should  not  be  restricted  in  its  choice  to  residents  of 
the  city.  He  should  have  power  to  appoint  all  subordinates  and 
heads  of  departments. 

Your  committee  is  of  the  opinion  that  the  merit  system 
should  be  applied  to  county  as  well  as  municipal  administrative 
officials.  In  certain  places,  such  as  Los  Angeles,  both  the  city 
and  the  county  have  civil  service  commissions,  each  with  its  effi- 
ciency bureau.  County  civil  service  is  in  effect  in  certain  coun- 
ties of  New  Jersey  under  the  state  civil  service  commission  which 
supervises  municipal  and  county  examinations  for  appointments. 
The  want  of  the  merit  system  as  applied  to  county  subordinates 
has  meant,  both  in  Philadelphia  and  in  Boston,  that  officials  dis- 
missed from  the  city  service  for  reasons  of  incompetency,  ineffi- 
ciency or  dishonesty  have  often  been  re-employed  in  the  county 
service.  In  this  extension  of  the  merit  system  to  the  higher 
grade  of  governmental  employees,  your  committee  wishes  to 
recommend,  however,  that  the  practice  of  non-assembled  exami- 
nations be  extended,  that  the  widest  possible  discretion  be  left 
to  the  administrative  officials  and  that  there  be  no  resident  limi- 
tations upon  applicants. 

There  are  many  urgent  reasons  why  there  should  be  no 
residence  limitations  upon  engineers,  bureau  chiefs  and  all  those 
in  expert  service.  One  of  these  is  that  local  opposition  to  "aliens" 
is  based  at  times  on  the  knowledge  that  the  local  expert  is  amen- 
able to  social  and  economic  pressure  that  will  tend  to  make  him 
"safe  and  sane,"  in  other  words  often  dishonest.  And  if  faith 
in  the  expert  is  to  develop,  all  taint  of  dishonesty  or  amenability 
to  "pressure"  must  be  eliminated.  How  many  cases  could  be 
cited  by  this  group  of  political  scientists  of  virile  and  honest 

9 


criticisms  of  local  public  utilities,  say,  that  come  from  within 
the  city !  The  number  is  few  indeed.  A  second  equally  poignant 
reason  for  no  residence  limitation  on  experts  for  governmental 
service  is  that  the  honesty,  efficiency  and  competent  standards 
of  experts  will  best  be  furthered  by  the  creation  of  a  national 
supply  of  such  experts  to  the  end  that  evidence  of  "taint"  will 
reflect  on  the  expert's  standing  among  his  associates.  This  is 
a  factor  of  no  small  importance  in  developing  a  class  of  experts 
in  whom  the  public  can  have  a  righteous  faith. 

There  is  need  not  only  for  uniformity  of  accounting  in  city- 
county  areas  but  also  for  state  supervision  of  accounting  in  order 
that  expenses  charged  against  one  thing  in  one  county  may  not 
be  charged  against  a  different  thing  in  another  county,  thus 
baffling  any  comparative  analysis  of  the  cost  of  government. 
There  is  need  for  standardized  reports  of  a  character  that  would 
have  meaning  alike  to  citizen  and  official. 

The  county  city  should  be  its  own  unit  for  the  assessment 
and  collection  of  taxes.  Your  committee  believes  that  taxation 
requires  state  supervision  and  inspection  of  county  assessors  and 
assessments.  Public  health  protection  is  in  need  of  intimate 
state  regulation  through  the  department  of  health,  yet  the  city 
must  have  ample  powers  to  handle  all  purely  local  questions. 

In  all  three  classes  of  counties  discussed  above,  many  dupli- 
cations of  offices  and  unnecessary  expense  could  be  eliminated  if 
the  central  county  legislative  body  controlled  such  matters  as  the 
inspection  of  milk.  The  several  towns  and  cities  in  Essex  County, 
New  Jersey,  draw  their  milk  supply  from  scores  of  dairies.  These 
dairies  are  in  turn  subjected  to  inspection  by  each  municipality. 
A  central  agency  could  make  more  frequent  and  thorough  inspec- 
tions at  a  decidedly  less  cost. 

The  sheriffs",  in  many  states,  can  be  appointed  by  the  gov- 
ernor, though  it  will  be  difficult  to  overcome  the  force  of  tradition 
that  these  officials  should  be  elected.  Some  states  may  be  ready 
for  appointment  of  prosecuting  attorneys  either  by  the  governor 
or  by  the  attorney-general.  In  those  states  where  the  judicial 
administration  is  a  state  affair,  with  state  appointed  judges, 
the  city  boundaries  should  be  the  limits  of  a  judicial  district. 
This  should  be  so  without  exception  where  city  and  county  are  co- 
terminus.  Such  a  district  should  have  a  centralized  system  of 
inferior  courts  under  the  head  of  a  chief  justice  having  authority 
to   distribute    the   judicial   business   among   the  several   judges 


within  the  municipahty.  In  states  where  the  administration  of 
justice  is  in  the  hands  of  locally  elected  or  appointed  judges  or 
justices  there  should  be  a  municipal  court  after  the  plan  of  the 
Chicago  municipal  court.  There  is  distinct  need  for  consolida- 
tion of  judicial  authorities  in  all  the  larger  urban  areas.  The 
supervision  of  penal  and  correctional  institutions  should  rest 
more  and  more  in  the  state  and  less  and  less  in  the  local  com- 
munity, whether  it  be  county  or  city. 

Whether  this  reconstruction  of  county  and  city  government 
come  through  special  legislation,  through  optional  legislation  giv- 
ing to  the  city  and  county  the  privileges  of  a  choice  between 
statutes  and  the  referendum,  or  through  home  rule,  as  in  Cali- 
fornia, will  depend  largely  upon  the  political  attitudes  and  cus- 
toms of  the  various  sections  of  the  country.  That  such  re- 
adjustment is  necessary  for  efficiency  seems  amply  warranted 
by  the  facts. 


[NOTE:— The  conclusions  in  this  report  are  based  principally 
upon  local  studies  made  by  individual  members  of  the  committee  as 
follows:  Boston  and  Suffolk  county,  Prof.  O.  C.  Hormell;  Hudson 
county,  N.  /,  Winston  Paul;  Essex  county,  N.  J.,  H.  S.  Gdbertson; 
King  county,  Wash.,  Fred.  W.  Catlett;  Indianapolis,  Prof.  Frank  G. 
Bates;  San  Francisco,  Hon.  Percy  V.  Long;  Los  Angeles^county,  Hon. 
L.  R.  Works;  Denver  and  Philadelphia,  Dr.  Clyde  L.  King.] 

[Reprinted  from  the  Proceedings  of  the  American  Political  Science 
Association,  1913-1914,  by  The  National  Short  Ballot  Organization,  383 
Fourth  Ave.,  Nczv  York,  N.  Y.] 


II 


Efficiency  Series  Report  No.  1 


The  Sheriffs  Office 

Report  of  the  Investigation 
Made  by  the  Municipal 
Association  in  the  Interest 
of  Economy  and  Efficiency 


The  Municipal  Association  of  Cleveland 
September  1912 


Statement 

To  the  Citizens  of  Cuyahoga  County : 

During  the  past  three  months,  the  Municipal  Association 
has  been  making  an  investigation  into  the  conduct  of  the  Sheriff's 
office,  the  management  of  the  jail,  and  the  provisions  of  law 
controlling  the  functions  of  the  office,  with  a  view  to  furnishing 
the  citizens  of  the  County  accurate  information  concerning  the 
duties  and  operation  of  the  office  and  offering  such  suggestions 
as  would  seem  to  promote  efficiency  and  economy  in  its  admin- 
istration. 

The  services  of  experts  have  been  employed  where  necessary 
and  every  effort  has  been  made  to  make  the  report  not  merely 
critical  but  constructive.  Care  has  been  taken  to  see  that  the 
suggestions  are  practical  and  based  upon  the  actual  needs  of  the 
office. 

While  we  have  not  hesitated  to  point  out  defects  in  the  man- 
agement, we  have  also  sought  to  commend  whenever  deserved. 

The  report  is  published  and  distributed  in  the  hope  that  it 
will  stimulate  greater  public  interest  in  the  efficient  conduct  of 
this  important  office. 

Respectfully  submitted, 

THE  EXECUTIVE  BOARD. 
Morris   A.   Black, 
Henry  E.   Bourne, 
Herbert  B.   Briggs, 
John  H.  Clarke, 
J.  W.  Frazier, 
William  Howell, 
Henry  F.  Lyman, 
F.  S.  McGowan, 
Francis  T.  Moran, 
Warren  S.  Stone, 
Duane  H.  Tilden. 
Mayo  Fesler,  Secretary. 


The  Sheriffs  Office 

The  Sheriff's  office  is  one  of  the  three  administrative  offices 
provided  for  in  the  constitution.  All  others  are  statutory.  The 
Sheriff  of  Cuyahoga  County  is  elected  for  two  years  at  an  annual 
salary  of  $6,000.  He  is  not  eligible  for  more  than  four  years 
in  any  six. 

The  duties  of  the  office  are  determined  entirely  by  statute. 
The  Sheriff  is  responsible  for  the  safekeeping  and  welfare  of  all 
prisoners  committed  to  his  care ;  he  is  required  to  keep  a  record 
of  and  serve  writs  in  all  criminal  and  civil  actions;  to  serve  all 
insanity  warrants,  and  summon  all  jurors  for  the  various  terms 
of  the  Court  of  Common  Pleas,  Probate  Court  and  Insolvency 
Court.  He  is  required  to  apprehend  all  prisoners  charged  with 
or  suspected  of  crime  and  to  attend  criminal  court  with  such 
prisoners.  It  is  his  duty  to  transport  all  prisoners  from  Cuya- 
hoga County  to  the  various  state  institutions  to  which  they  have 
been  committed  by  the  courts ;  criminals  to  the  penitentiary  at 
Columbus  or  to  the  Mansfield  Reformatory ;  girl  offenders  to 
the  Girls'  Home  at  Delaware ;  boys  to  the  Industrial  School  at 
Lancaster;  insane  patients  to  the  State  Hospital  at  Newburgh; 
feeble-minded  to  the  institute  at  Columbus ;  and  epileptics  to  the 
institute  at  Gallipolis.  In  addition  to  the  state  prisoners  entrusted 
to  his  care,  the  Sheriff  has  charge  of  federal  prisoners  placed 
temporarily  in  the  county  jail  by  the  United  States  Marshal,  the 
Immigration  Bureau  and  officers  of  the  Army  and  Navy.  The 
Sheriff  is  also  the  chief  police  officer  for  the  County  and  is  charged 
with  the  preservation  of  the  public  peace.  He  is  expected  to 
enforce  the  laws  for  the  protection  of  birds,  fish  and  game;  to 
assist  in  enforcing  the  election  laws ;  to  suppress  in  the  County 
the  unlawful  sale  of  intoxicating  liquors ;  and  to  serve  certain 
warrants  for  the  Governor.  In  time  of  riot  or  disorder,  his  posi- 
tion becomes  one  of  commanding  importance.  He  is  further  re- 
quired to  advertise  and  sell  real  and  personal  property  at  public 
auction  when  directed  to  do  so  by  the  courts ;  to  keep  a  record 
of  all  these  transactions ;  to  collect  fees  for  the  various  services, 
to  pay  them  into  the  County  Treasury,  and  to  make  regular  re- 
ports to  the  County  Commissioners  of  the  operation  of  his  office. 


The  Sheriff's  Office 


DEPUTIES  AND  ASSISTANTS 

For  the  performance  of  the  various  duties  indicated  above. 
Cuyahoga  County  provides  the  officers  and  deputies  at  the  sal- 
aries indicated  in  the  following  table : 

Names  of  Present  Nature  of  Annual 

Employees  Employment  Salary 

A.  J.  Hirstius Sheriff $6,000 

C.  B.  Stannard Chief  Deputy  3,000 

E.  H.  Stegkemper Cost  Clerk  1,920 

A.  C.  Zinzow Bookkeeper 1,400 

J.  F.  Tomesek Outside  Deputy 1,200 

J.  J.  Halloran Outside  Deputy 1,200 

B.  J.  OviaU Outside  Deputy 1,200 

Harry  B.  Lee Outside  Deputy 1,200 

Frank  Blitz Emergency  Deputy ►. .  1,200 

W.  A.  Stoller Chief  Jailer  1,260 

Charles  Daus  Assistant  Jailer 1,116 

P.  J.  Coil Assistant  Jailer 1,080 

Wm.  Wanke Assistant  Jailer 1,080 

Frank  Bouske Assistant  Jailer 1,080 

Wm.  Burns Assistant  Jailer 1,080 

Joe  Navario   Assistant  Jailer 1,080 

Stanley  Sobczak   Assistant  Jailer 1,080 

Frank  Minter Copyist 960 

Winifred  King Stenographer 480 

Nellie  Manning  Matron 720 

Angie  Stenton  Matron 720 

Myra  Hall Matron 720 

Dr.   A.    E.    McClure    (appointed    by 

Commissioners)  Jail  Physician  1,200 

Isaac   Prapnell    (appointed   by    Com- 
missioners)     Jail  Nurse 90U 

Total    number   employees.  .  .23     Total  annual  salaries.  .$32,876 

DIVISION  OF  WORK 

The  duties  of  the  Sheriflf's  office  arc  divided  among  the 
various  employees  somewhat  as  follows: 

Chief  Deputy.  The  Chief  Deputy  has  general  supervision 
over  the  office  work  and  the  jail,  and  also  has  charge  of  keeping 
the  cash  accounts  for  the  office. 

Cost  Clerk.    The  Cost  Clerk  is  responsible  for  the  taxing  of 
costs  on  all  writs  of  whatever  nature  and  on  the  sales  of  real 
estate.    The  present  Cost  Clerk,  Mr.  Stegkemper,  has  been  con 
nected  with  the  Sheriff's  office  continuously  for  a  period  of  about 
twenty  years. 


The  Sheriff's  Office 


Bookkeeper.  The  Bookkeeper  has  charge  of  the  foreign  ex- 
ecution docket,  the  cash  book,  the  records  of  unclaimed  costs,  the 
jail  register,  and  other  account  books  connected  with  the  Sheriff's 
office. 

Outside  Deputies.  The  four  Outside  Deputies  serve  the  vari- 
ous writs  which  are  issued  from  the  Sheriff's  office.  The  County 
is  divided  into  four  districts  to  each  of  which  one  deputy  is  ap- 
pointed. In  addition  to  these  four  deputies  a  fifth  deputy,  known 
as  the  emergency  man,  provided  for  by  the  County  Commission- 
ers upon  recommendation  of  the  Sheriff  in  January,  1908,  is  used 
for  serving  forthwith  summonses  and  other  summonses  in  cases 
where  prompt  action  is  necessary. 

Chief  Jailer.  The  seven  assistant  jailers  or  deputies  are  used 
for  bringing  in  prisoners  in  extradition  cases  and  from  outside 
the  County ;  for  taking  prisoners  to  court  for  arraignment  and 
trial  and  for  apprehending  insane  prisoners  and  accompanying 
such  prisoners  to  the  Probate  Court  and  from  thence  to  the  State 
Hospital.  They  also  supervise  the  cleaning  of  the  jail  and  the 
feeding  of  the  prisoners.  They  accompany  prisoners  under  sen- 
tence to  the  penitentiary  or  to  the  other  state  institutions  to 
which  they  may  be  assigned  by  the  Court.  Two  of  these  assistant 
jailers  are  always  on  duty  at  night  at  the  jail.  They  are  required 
to  patrol  the  jail  completely  once  every  hour  and  are  obliged  to 
ring  the  time  reporter  at  nine  different  points  in  the  jail  within 
the  hour. 

County  Jail  Physician.  The  County  Commissioners,  as  pro- 
vided by  statute,  appoint  a  jail  physician  who  is  required  to  report 
at  the  jail  once  each  day  and  at  night  whenever  the  emergency 
demands.  He  has  supervision  of  the  health  of  the  prisoners.  He 
examines  and  reports  on  the  condition  of  the  prisoners  to  the 
grand  jury  and  judges  of  the  criminal  courts  when  so  ordered. 
The  Jail  Physician  is  also  required  to  examine  and  report  upon 
the  physical  condition  of  boys  and  girls  brought  before  the 
Juvenile  Court. 

Jail  Nurse.  The  Commissioners  have  provided  for  a  nurse 
in  the  jail  whose  duty  it  is  to  inspect  the  jail  twice  a  day  and  find 
out  what  prisoners,  if  any,  need  medical  attention.  He  is  ordi- 
narily on  duty  from  8  o'clock  in  the  morning  to  5  p.  m.,  and  is 
required  to  report  at  night  in  emergency  cases. 

Matrons.  Three  matrons  are  provided  for  the  women's  and 
juvenile  departments.  These  matrons  serve  in  eight-hour  shifts 
and  their  duties  are  the  same  as  those  of  the  assistant  jailers. 


The  Sheriff's  Office 


AMOUNT  OF  WORK  DONE  IN  THE  SHERIFF'S  OFFICE 

In  order  to  have  a  more  definite  idea  of  the  amount  of  work 
to  be  performed  by  the  Sheriff's  oflfice,  the  following  summary 
of  work  done  in  1911,  as  compiled  from  the  Sheriff's  office,  is 
included  in  this  report. 

WORK  DONE  IN  1911 

(a)  Writs. 

Number  served — 

In  criminal  actions 4,998 

In  civil  cases 19,991 

Insanity  warrants   1,167 

Jury  service 882 

Average  distance  traveled  in  serving  a  writ....  4  miles 

Total  number  of  miles  traveled  in  serving  writs. 89,956  miles 

(b)  Attachments. 

Number  levied 30 

Number  of  sales None 

(c)  Executions. 

Number  of  sales  of  real  property 220 

(d)  Arrest. 

Number  arrested  or  apprehended — 

Criminal 180 

Insane 674 

(e)  Prisoners. 

1.  Number  of  prisoners  placed  in  jail  under  arrest: 
•    Male — 

Married 1 ,430 

Single 2,016 

Total  3,446 

Female — 

Married 173 

Single 169 

Total 342 

Total  for  1911 3,788 

2.  Number  of  insane  placed  in  jail 512 

3.  Number  of  U.  S.  prisoners  in  jail 77 

4.  Total  number  of  prisoners  during  the  year 3,788 

5.  Number   of   prisoner  days  occupied   by   prisoners   dur- 

ing year  1911 24,581 

6.  Number  of  prisoners  transported : 

Ohio   Penitentiary,  Columbus 150 

State    Reformatory,    Mansfield 97 

Boys'  Industrial  School,  Lancaster 54 

Girls'  Industrial  School,  Delaware 2 

City  Workhouse,  Cleveland — 

From  Criminal  Court 101 

From  Juvenile  Court 175 

Insane    Hospital,   Newburgh 444 

Gallipolis 5 


Total 1,021 


The  Sheriff's  Office 


CLERICAL  SERVICE 

The  Association  employed  the  accounting  firm  of  Ernst  & 
Ernst,  certified  public  accountants,  to  make  a  detailed  examination 
of  the  Sheriff's  office,  with  particular  reference  to  the  clerical  work 
performed  by  the  office  and  the  possibilities  of  greater  economy 
and  efficiency  in  its  operation.  The  report  goes  fully  into  an 
analysis  of  the  duties  of  the  various  employees,  the  records  which 
the  office  is  required  to  keep,  and  the  clerical  work  involved.  The 
report  shows  the  following  list  of  books  and  records  maintained : 

Cash  and  Execution  Docket  Insolvency  Court  Fee  Book 

Foreign  Execution  Docket  Juvenile  Court  Fee  Book 

Common  Pleas  Fee  Book  State  of  Ohio  Fee  Book 

Foreign  Summons  Docket  Grand  Jury  Subpoena  Record 

Divorce  Common  Pleas  Fee  Book  Cash  and  Disbursements  Book 

Insane  Fee  Book  Execution  Docket 

Probate  County  Fee  Book  Record  of  Accrued  Taxes 

CLERICAL  WORK  INVOLVED 

In  discussing  the  work  involved,  Ernst  &  Ernst's  report  says : 
"With  the  purpose  of  determining  the  amount  of  clerical 
work  performed  in  the  keeping  of  the  records  and  cash  book 
in  connection  with  the  Sheriff's  office,  we  have  prepared  the 
following  schedule  showing  the  approximate  number  of  writs 
issued  by  the  different  courts  during  the  calendar  year  1911, 
and  entered  in  the  various  records  briefly  described  in  the 
foregoing  paragraphs  of  this  report: 

Nature  of  Writ  Record  Entries 

Local  Executions Execution  Docket 2,500 

Foreign  Executions   Foreign  Execution  Docket 50 

Summonses,  Subpoenas  and  Notices.  .Common  Pleas  Fee  Book 9,500 

Foreign  Writs  Foreign  Summonses  Docket . . .  650 

Warrants  to  arrest,   to  convey,  and 

Subpoenas Insane  Fee  Book 1,300 

Summonses,  Citations  and  Notices. .  .Divorce     Common     Pleas    Fee 

Book 2,100 

Summonses,  Subpoenas  and  Notices.  .Probate  Court  Fee  Book 1,500 

Summonses,  Subpoenas  and  Notices.  .Insolvency  Court  Fee  Book. . . .  300 
Warrants   to   arrest,    to   convey   and 

Subpoenas Juvenile  Court  Fee  Book 500 

Capiases  and  Subpoenas State  of  Ohio  Fee  Book 3,750 

Grand  Jury  Subpoenas Grand  Jury  Subpoena  Book 1,025 

Jury  Venires 50 

Land  Sales  200 


Total  nmnber  of  entries 23,425 

The  report  concludes  with  the  following  summary  and  rec- 
ommendations : 

"We  have  given  careful  attention  to  all  those  circum- 
stances and  conditions  which  necessarily  govern  and  which 


The  Sheriff's  Office 


must  receive  due  consideration  relative  to  the  efficiency  of  a 
clerical  organization  in  connection  vt'ith  a  public  office. 

"We  have  found  that  the  courts  to  which  are  subservient 
the  office  of  Sheriff  and  all  employees  therewith  connected 
are  in  session  about  nine  months  of  the  calendar  year.  In 
consideration  of  the  nature  of  the  records  maintained  as 
described  in  the  foregoing  paragraphs  of  this  report  and  of 
the  relationship  which  exists  between  the  Sheriff's  office  and 
the  courts,  the  conclusion  must  necessarily  be  that  the  volume 
of  work  executed  and  the  various  functions  performed  by 
all  those  employees  attached  to  this  office  are  much  greater 
in  the  aggregate  during  the  terms  when  the  courts  are  in 
session  than  during  the  periods  of  recess. 

"The  amount  of  work  performed  by  those  employees 
whose  attention  is  confined  exclusively  to  clerical  duties  and 
by  those  who  serve  in  the  capacity  of  deputies  is  governed 
almost  entirely  by  the  number  of  writs  of  various  kinds  and 
descriptions  issued  by  the  different  courts,  both  local  and 
foreign,  during  a  given  period  of  time.  We  have  shown 
in  the  schedule  submitted  and  which  forms  part  of  this 
report,  that  the  total  number  of  writs  recorded,  served  and 
returned  during  the  calendar  year  1911  was  approximately 
23,425.  Of  this  total  number  a  much  larger  percentage  is 
recorded  during  the  terms  of  the  courts  than  during  the 
recess  periods. 

CONCLUSIONS  AND  RECOMMENDATIONS 

"Our  investigation  has  been  pursued  during  a  recess  of 
the  court.  We  have  made  careful  observations  of  the  clerical 
work  performed  at  this  particular  time,  and,  in  so  far  as  was 
possible  under  existing  circumstances,  we  have  observed  also 
the  degree  of  application  with  which  each  employee  performs 
the  duties  assigned  to  him. 

"From  the  observations  made  during  this  current  recess 
of  the  court  and  from  all  the  information  which  we  have 
been  able  to  acquire  relative  to  the  duties  of  the  office  during 
the  terms  of  court,  we  have  the  opinion  that  the  duties  made 
incumbent  upon  the  clerical  employees  attached  to  the  Sher- 
iff's office  are  sufficient  to  occupy  about  one-third  of  their 
time  during  the  recess  period  of  the  court,  assuming  that 
when  actually  engaged  in  the  performance  of  their  duties 
they  work  at  normal  efficiency.  We  further  express  the 
opinion  that  the  volume  of  work  done  during  the  terms  of 
the  court  is  sufficient  to  occupy  the  whole  time  of  the  present 
employees  in  this  office  actually  engaged  in  clerical  work. 

"We  believe  that  the  office  of  Chief  Deputy  could  be 
effectively  combined  with  that  of  Cost  Clerk.  In  order  that 
a  combination  of  these  two  offices  might  not  result  in  an 
unjust  distribution  of  labor,  we  believe  that  the  compensation 
received  by  the  stenographer  should  be  increased  to  such 


The  Sheriff's  Office 


amount  as  would  command  the  services  of  a  man  capable 
of  assisting  either  the  bookkeeper  or  Cost  Clerk  when  neces- 
sary. It  is  our  opinion  that  if  the  office  of  Cost  Clerk  were 
relieved  of  certain  items  of  detail  work  during  the  periods 
when  most  burdened,  this  office  could  successfully  assume 
the  responsibilities  of  the  office  of  Chief  Deputy,  the  principal 
function  of  which  seems  to  be  the  supervision  of  the  clerical 
work  performed  in  connection  with  the  Sherifif's  office. 

"We  have  found  that  the  clerical  work  performed  is 
neatly  executed  and  with  apparent  accuracy.  We  believe 
that  the  office  is  now  conducted  in  a  manner  which  has 
obtained  a  fair  degree  of  efficiency.  It  is  our  conclusion, 
however,  that  a  combination  of  the  two  offices  mentioned, 
accompanied  by  an  increase  in  the  compensations  paid  to 
the  offices  of  Cost  Clerk  and  Stenographer,  would  effect  an 
economy  and  materially  increase  the  efficiency  of  the  organ- 
ization as  a  whole." 

CHANGES  IN  THE  STAFF 

The  Association  is  in  full  accord  with  the  recommendations 
of  Ernst  &  Ernst  that  one  position  might  be  abolished  either  by 
combining  the  duties  of  Cost  Clerk  with  those  of  Chief  Deputy 
and  by  properly  distributing  some  of  the  duties  now  devolving 
upon  the  former,  so  that  the  Chief  Deputy  would  not  be  over- 
burdened, or  it  may  be  done  by  combining  the  bookkeeper's  work 
with  that  of  the  Cost  Clerk.  Under  the  present  organization  of 
the  Sheriff's  office  there  are,  in  fact,  three  general  supervisors 
or  superintendents;  the  Sheriff  himself,  the  Chief  Deputy,  and 
the  Cost  Clerk.  The  latter  has  been  retained  for  more  than 
twenty  years  in  the  office  through  various  administrations  because 
of  his  knowledge  of  the  details  of  the  office.  In  that  sense  he 
is  a  general  supervisor  and  has  the  grasp  of  the  details  of  the 
office  which  are  contemplated  in  the  office  of  Chief  Deputy.  Gen- 
eral supervision  is  the  work  of  the  Sheriff  and  Chief  Deputy. 
The  other  duties  are  purely  clerical  and  should  be  combined 
wherever  possible  in  the  interest  of  economy  and  efficiency.  The 
copyist,  whose  duties  are  purely  that  of  copying  on  the  type- 
writer forms  of  writs  and  summonses,  and  does  not  require  any 
knowledge  of  stenography,  receives  a  salary  of  $960.  The 
stenographer  receives  only  $480.  A  comparison  with  similar 
duties  performed  in  the  Municipal  Court  convinces  us  that  these 
two  positions  could  be  combined  into  one  with  an  annual  salary 
of  $960,  and  that  one  stenographer  could  perform  the  duties  of 
both  and  assist  to  some  extent  in  keeping  the  books  of  the  office. 
A  position  which,  in  our  opinion,  is  purely  a  sinecure,  is 


10  The  Sheriff's  Office 


that  of  Jail  Nurse,  an  officer  appointed  by  the  County  Commis- 
sioners, who  is  not  under  the  jurisdiction  of  the  Sheriff.  His 
chief  duties  are  to  make  an  inspection,  or  rather  inquiries,  of  the 
prisoners  twice  a  day  to  find  out  if  any  of  them  need  medical 
attention  and  to  carry  out  the  jail  physician's  orders  in  giving 
medicine  to  such  prisoners.  It  would  be  natural  to  suppose  that 
such  an  officer,  if  needed  at  all,  would  have  some  knowledge  of 
the  duties  of  a  nurse.  The  present  incumbent  has  never  had  any 
such  training.  Before  his  appointment  to  this  position  he  was 
employed  by  the  County  Commissioners  as  an  assistant  superin- 
tendent of  bridges,  and  formerly  was  a  bridge  repairer.  More- 
over, his  duties  can  be  performed  just  as  efficiently  by  the  assistant 
jailers,  two  of  whom  are  always  on  duty  in  the  jail.  We  would 
recommend  the  abolition  of  the  office  of  Jail  Nurse  and  a  transfer 
of  his  meagre  duties  to  the  regular  deputies  employed  by  the 
Sheriff. 

The  adoption  of  the  merit  system  in  appointment  to  county 
offices,  as  provided  for  in  the  recent  amendment  to  the  state 
constitution,  will,  it  is  hoped,  place  all  appointive  positions  in 
the  Sheriff's  office  on  the  merit  basis  and  will  require  the  appoint- 
ment and  retention  of  employees  equipped  by  experience  or  train- 
ing for  the  duties  of  the  various  positions. 

SALARIES  READJUSTED 

In  connection  with  the  changes  in  the  staff  we  believe  there 
should  be  some  readjustment  also  in  the  salaries.  The  Sheriff 
now  receives,  according  to  law,  a  salary  of  $6,000,  the  limit 
fixed  by  Section  2996  of  the  Revised  Statutes.  Section  2994 
fixes  the  salaries  of  Sheriffs  in  the  various  counties  on  the  basis 
of  population — so  much  for  each  thousand  population;  and  Sec- 
tion 2996  provides  that  the  maximum  shall  not  exceed  $6,000. 
Cuyahoga  County  is  the  only  county  in  the  state  which  has 
reached  the  maximum.  While  the  duties  of  the  Sheriff  are  impor- 
tant and  his  responsibilities  in  certain  emergencies  are  heavy, 
they  require  no  expert  training  and  consist  chiefly  in  executing 
the  orders  of  the  court  and  caring  for  prisoners.  They  certainly 
cannot  be  said  to  be  more  important  than  those  of  the  Chief  of 
Police  of  Cleveland,  who  receives  only  $4,000  per  annum.  Since 
the  maximum  provided  by  law  affects  Cuyahoga  County  alone 
we  recommend  that  efforts  be  made  at  the  next  session  of  the 
legislature  to  have  the  maximum  salary  of  the  Sheriff  reduced 
to  $5,000. 


The  Sheriff's  Office  11 


Further  changes  in  the  salary  Hst  are  indicated  in  the  attached 
table,  showing  the  present  payroll  and  the  new  one  as  suggested : 

Positions                                                      Old  Payroll  New  Payroll 

Sheriff $  6,000  $5,000 

Chief  Deputy  3,000  3,000 

Cost  Clerk   1,920  (abolished) 

Bookkeeper 1,400  1,400 

Outside  Deputies  (5)— $1,200  each 6,000  6,000 

Chief  Jailer   1,260  1,260 

Assistant  Chief  Jailer 1,116  1,116 

Assistant  Jailers    (6)— $1,080  each 6,480  6,480 

Matrons  (3)— $720  each 2,160  2.160 

Stenographer 480  960 

Copyist 960  (abolished) 

Jail  Physician   1,200  1.200 

Jail  Nurse 500  (abolished) 

Total $32,876  $28,576 

These  changes  in  the  office  force  and  salaries  would  effect 
a  saving  of  over  $4,000  annually  in  the  payroll,  and,  in  our  opin- 
ion, would  tend  to  improve  the  efficiency  of  the  service. 

FEES  IN  THE  SHERIFF'S  OFFICE 

For  the  performance  of  the  various  services  required  of  the 
Sheriff's  office  he  is  authorized  by  law  to  collect  the  following 
fees  for  serving  and  returning  writs  and  orders,  all  of  which 
sums,  however,  are  turned  into  the  general  county  fund : 

Executions  (when  money  is  paid  without  levy) $0.75 

Executions  (when  levy  is  made  on  real  property)   2.50 

Executions  (when  levy  is  made  on  goods  and  chattels) 2,50 

Writ  of  attachment  2.50 

Writ  of  attachment  for  purpose  of  garnishment 75 

Writs  of  replevin 2.50 

Warrant  to  arrest  (for  each  person  named) 1.00 

Attachment  for  contempt   (each  person  named) 75 

Writ  of  possession  or  restitution 2.50 

Subpoena  (each  person  named)   25 

Venire  (each  person  named)   10 

Summoning  juror  (each  juror)   10 

Writ  of  partition  1 .50 

Order  of  sale  on  partition 2.50 

Other  orders  of  sale  of  real  property 2.50 

Administering  oath  to  appraisers  (each)   40 

For  furnishing  copies  for  advertisements  (per  hundred  words)..     .10 

For  furnishing  copy  of  indictment  (each  defendant)   50 

All  summonses,  writs,  orders  or  notices : 

For  first  name  75 

For  each  additional  name 25 

Taking  bail  bond  25 

Jail  fees  for  receiving  and  discharging  prisoners 50 


12  The  Sheriff's  Office 


Taking  prisoner  before  judge  or  court  (per  day) 75 

Calling  action    10 

Calling  jury  10 

Calling  each  witness  05 

Bring  upon  habeas  corpus 1 .00 

Poundage  on  all  money  on  executions,  etc 1     % 

Poundage  on  all  money  on  executions  (over  $10,000) 1^% 

Making  and  executing  a  deed  on  land 2.00 

Advertising  elections   (each  election  precinct) 25 

The  Sheriff  is  also  authorized  by  law  to  collect  in  addition 
the  following  mileage  fees: 

Each  summons,  writ  or  order 8c  per  mile  going  and  returning 

Posting  election  notices 8c  per  mile  actually  traveled 

Conveying  prisoners  to  state  Institutions : 

Sheriff 8c  per  mile  actually  traveled 

Guard 6c  per  mile  actually  traveled 

Prisoner 5c  per  mile  actually  traveled 

These  fees,  too,  go  into  the  general  county  fund.  The 
responsibility  for  the  collection  of  these  fees  is  divided  between 
the  offices  of  the  Sheriff  and  the  County  Clerk.  The  Clerk  is 
charged  with  the  collection  of  fees  for  services  performed  by  the 
Sheriff's  office  when  directed  by  the  Courts,  such  as  summoning 
witnesses  or  jurors.  All  other  fees  due  the  Sheriff's  office  are 
to  be  collected  by  him. 

The  fee  and  salary  law  of  1906  provided  that  all  fees  unpaid 
at  the  end  of  the  year  should  be  collected  by  the  County  Com- 
missioners in  conjunction  with  the  Prosecuting  Attorney.  Under 
authority  of  that  act  the  County  Commissioners  last  year  in- 
structed the  Sheriff  to  make  a  report  showing  all  uncollected  fees, 
costs,  penalties  and  perquisites  of  any  kind  due  his  office  for  the 
past  four  years.  This  report  shows  a  total  of  $13,103.45 — or  an 
average  of  over  $3,000  per  year  uncollected.  A  large  percentage 
of  these  fees  are  those  uncollected  by  the  Clerk's  office.  They 
range  in  amounts  from  10  cents  to  $50.  It  is  impossible  to  tell 
what  portion  of  these  could,  with  due  diligence,  have  been  col- 
lected. But  no  further  steps  were  taken  by  the  Commissioners 
looking  to  their  collection. 

In  the  1911  session  the  Legislature  changed  this  section  of 
the  law  to  require  the  Sheriff,  on  or  before  January  15th  of  each 
year  to  file  with  the  Prosecuting  Attorney  a  report  in  writing 
showing  the  fees,  penalties  and  other  perquisites  due  his  office 
and  "impaid  for  more  than  one  year."  The  law  provides  further 
that  "it  shall  be  the  duty  of  the  Prosecuting  Attorney  to  immedi- 
ately proceed  to  collect  the  same  by  any  of  the  means  provided 


The  Sheriff's  Office  13 


by  law,  and  to  pay   the  amount  so  collected  into  the   County 
Treasury  to  the  credit  of  the  general  county  fund." 

In  December,  1911,  Mr.  Cline,  County  Prosecutor,  requested 
the  judges  of  the  Court  of  Common  Pleas  to  grant  him  an  appro- 
priation for  additional  clerks  and  assistants,  so  that  he  could 
establish  a  collection  agency  in  connection  with  the  office  of 
Prosecuting  Attorney,  for  the  purpose  of  collecting  the  unpaid 
fees  due  the  various  county  offices.  In  January,  1912,  he  again 
called  the  attention  of  the  judges  to  his  request  for  an  allowance, 
claiming  that  the  law  could  not  be  complied  with  by  his  present 
office  force.  He  suggested  the  advisability  of  permitting  him  to 
establish  a  collection  agency  which  would  work  on  a  25  per  cent 
commission.  The  judges  took  no  action  on  the  request  of  the 
Prosecutor.  No  further  steps  have  been  taken  by  him  to  comply 
with  the  law,  and  the  more  than  $13,000  unpaid  fees  due  the 
Sheriff's  office  are  still  delinquent  and  the  law  unenforced. 

CONDITION  OF  THE  JAIL 

The  statute  provides  that  "the  Sheriff  shall  have  charge  of 
the  jail  of  the  county  and  all  prisoners  confined  therein,  keep 
them  safely,  attend  to  the  jail,  and  govern  and  regulate  it  accord- 
ing to  the  rules  and  regulations  prescribed  by  the  Court  of 
Common  Pleas"  (R.  S.,  Section  3157).  In  these  rules  the  Court 
of  Common  Pleas  shall  provide  for  the : 

1.  Cleanliness  of  the  prison  and  prisoners. 

2.  Classification  of  prisoners  as  to  sex,  age,  crime,  etc. 

3.  Bed  and  clothing. 

4.  Warming,  lighting  and  ventilating  the  prison. 

5.  Medical  or  surgical  aid  when  necessary. 

6.  Employment,  temperance  and  instruction  of  the  prisoners. 

7.  Supplying  of  each  prisoner  with  a  copy  of  the  Bible. 

8.  Intercourse  between  prisoners  and  their  counsel  and 
other  prisoners. 

9.  Punishment  of  prisoners  for  violation  of  the  rules  of 
the  prison. 

10.  Other  regulations  necessary  to  promote  the  welfare  of 
the  prisoners. 

Such  rules  have  been  printed  in  bold  type  and  a  copy  has 
been  placed  in  each  cell,  in  the  corridors  of  the  jail,  and  in  public 
places  in  the  Sheriff's  office. 

A  sanitary  engineer,  of  Case  School  of  Applied  Science. 
Prof.  Moomaw,  was  engaged  to  make  a  detailed  inspection  of 
the  jail  and  its  sanitary  conditions.  He  reported  that  he  found 
the  air  in  all  parts  of  the  jail  fresh  and  pure — no  foul  odors  were 


14  The  Sheriff's  Office 

noticeable  from  any  source  whatever.  Ventilation  is  satisfactory 
and  heating  facilities  are  adequate.  The  steel  floors  and  iron 
railings  are  scrubbed  and  washed  daily  with  a  lye  solution,  which 
keeps  them  clean  and  free  from  any  vermin  or  disease  germs. 
The  cells  and  their  furnishings,  beds,  mattresses,  etc.,  were  found 
in  cleanly  condition.  The  kitchen  and  cooking  utensils  were 
clean  and  wholesome.  Few  flies  were  seen.  The  walls  of  the 
kitchen  and  jail  are  whitewashed  twice  each  year.  "Altogether," 
he  concludes,  "the  sanitary  conditions  of  the  jail  were  above  my 
expectations." 

The  report  of  Prof.  Moomaw  was  reinforced  by  the  state- 
ments of  the  restaurant  men  who  examined  the  food,  and  the 
kitchen,  and  also  by  frequent  visits  at  unexpected  intervals  during 
the  summer  by  representatives  of  the  Association.  The  sanitary 
conditions  on  all  these  visits  were  found  to  be  uniformly  good. 

GENERAL  CARE  OF  PRISONERS 

Special  inquiry  was  made  into  the  care  of  prisoners  and  their 
general  treatment  by  the  Sheriff.  It  was  found  that  rigid  rules 
as  to  the  personal  cleanliness  of  prisoners  are  enforced.  Showers 
are  provided  and  baths  may  be  taken  daily ;  weekly  baths  are 
required  of  all  prisoners.  Regular  exercise  is  provided.  Once 
each  day  between  the  hours  of  1  and  3  p.  m.,  prisoners  are  taken 
from  their  cells  into  the  corridors  for  exercise  and  change.  They 
can  be  visited  by  friends  and  advisors  at  these  hours,  except  on 
.Saturday  and  Sunday.  Religious  services  are  conducted  each 
Sunday  between  2  and  3  p.  m.,  under  the  direction  of  the  Women's 
Christian  Temperance  Union.  Magazines  are  supplied  to  the 
prisoners  by  various  philanthropic  agencies.  The  public  library 
maintains  a  branch  library  in  the  juvenile  department  of  the  jail. 

Sheriff  Hirstius  is  to  be  commended  for  the  good  sanitary 
conditions  about  the  jail  and  for  the  general  good  care  of  the 
prisoners  placed  under  his  charge. 

FEEDING  OF  PRISONERS 

The  feeding  of  prisoners  is  made  the  duty  of  the  Sheriff, 
and  the  law  provides  that  he  shall  be  "allowed  by  the  County 
Commissioners  not  less  than  45  cents  or  more  than  75  cents  per 
day  for  keeping  and  feeding  prisoners  in  the  jail."  This  has  been 
interpreted  to  mean  that  the  Sheriff  shall  furnish  the  food,  pro- 
vide the  utensils  for  cooking,  and  pay  for  the  cooking  and  serving 
of  the  food  to  the  prisoners.     For  this  service  the  Commissioners 


The  Sheriff's  Office  15 


cannot  pay  him  less  than  45  cents  per  day  per  prisoner,  nor  more 
than  75  cents,  A  contract  is  made  by  the  County  Commissioners 
with  the  Sheriff  for  this  service.  The  last  contract  was  entered 
into  with  Sheriff  Hirstius  on  August  12th,  1911,  which  runs  until 
the  close  of  his  term  of  office  on  January  1,  1913.  It  reads  as 
follows : 

AGREEMENT 

This  agreement,  made  and  concluded  this  12th  day  of 
August,  A.  D.  1911,  by  and  between  the  County  of  Cuyahoga, 
by  its  Board  of  County  Commissioners,  composed  of  W.  F. 
Eirick,  John  G.  Fischer  and  Harry  L.  Vail,  first  party,  and 
A,  J.  Hirstius,  Sheriff  of  Cuyahoga  County,  second  party. 
Witnesseth :  It  is  hereby  agreed  that  second  party 
receive  for  keeping  and  feeding  of  all  insane  prisoners  con- 
fined in  the  jail  of  Cuyahoga  County,  Ohio,  the  sum  of  sev- 
enty-five (75c)  cents  per  day,  and  that  for  the  keeping  and 
feeding  of  all  other  prisoners  confined  in  said  jail  the  sum 
of  fifty  (50c)  cents  per  day. 

This  contract  shall  not  apply  to,  and  first  party  shall  not 
be  bound  to  pay  for  keeping  and  feeding  of  United  States 
prisoners  confined  in  said  jail,  nor  any  other  prisoners  except 
those  properly  chargeable  to  the  first  party  by  the  laws  and 
statutes  of  Ohio. 

Payments  under  this  contract  shall  be  made  upon  the 
presentation  of  a  certified  bill  by  second  party,  setting  forth 
the  names  of  and  number  of  days  each  prisoner  is  kept  and 
fed  in  said  jail,  said  payment  to  be  made  monthly.  This  con- 
tract to  continue  in  force  until  the  further  order  of  the  board 
and  in  any  event  shall  terminate  on  the  1st  day  of  January, 
1913. 

In  witness  whereof  the  parties  hereto  have  set  their  sig- 
natures the  day  and  year  first  above  written. 
Signed  by 

County  Commissioners. 
Signed  by 

Sheriff. 

The  contract  provides  in  brief:  First,  the  Sheriff  shall 
receive  75  cents  per  day  for  feeding  insane  patients  and  50  cents 
per  day  for  feeding  all  other  prisoners ;  second,  payment  for  this 
service  shall  be  made  monthly  by  the  Commissioners. 

It  will  be  noted  that  there  are  no  specifications  as  to  the 
amount  and  quality  of  food  which  the  Sheriff  shall  supply.  In- 
quiry has  been  made  to  ascertain  upon  what  basis  the  50  cents  per 
prisoner  per  day  charge  was  fixed.  No  investigation,  it  seems, 
was  made  by  either  party  to  the  contract  to  ascertain  the  actual 
cost  of  food  or  the  amount  which  the  prisoners  should  be  allowed. 


16 


The  Sheriff's  Office 


The  Commissioners  could  not  pay  less  than  45  cents,  but  they 
accepted  without  question  the  price  which  has  been  in  force  for 
at  least  ten  years,  and  left  the  whole  question  of  quality  and 
quantity  of  food  to  the  discretion  of  the  Sheriff,  assuming  that 
he  would  feed  the  prisoners  the  full  amount. 

BILL  OF  FARE 

The  following  table  indicates  the  weekly  bill  of  fare  for  the 
prisoners.     This,  of  course,  changes  somewhat  with  the  season : 

(Breakfast        Bread,  Coflfee,  Sugar 
Dinner  Bread,  Hungarian  Goulash  and  Bread  Pudding 

Supper  Bread,  Coffee,  Sugar 

Breakfast        Bread,  Coffee,  Sugar 
Monday         \  Dinner  Bread,  Corned  Beef  and  Cabbage,  Potatoes 

Supper  Bread,  Syrup,  Coffee,  Sugar 

Breakfast        Bread,  Coffee,  Sugar 
Tuesday         ]  Dinner  Bread,  Fresh  Beef,  Pea  Soup,  Potatoes 

Supper  Bread,  Coffee,  Sugar 

Breakfast        Bread,  Coffee,  Sugar 
Wednesday    ■  Dinner  Bread,  Baked  Pork  and  Beans,  Boiled  Potatoes 

[  Supper  Bread,  Syrup,  Coffee,  Sugar 

(Breakfast        Bread,  Coffee,  Sugar 
Dinner  Bread.  Lamb  or  Veal  Stew  with  Dumplings 

Supper  Bread,  Coffee,  Sugar 

Breakfast        Bread,  Coffee,  Sugar 
Friday  Dinner  Bread,  Fresh  Beef,  Bean  Soup  and  Potatoes 

[  Supper  Bread,  Syrup,  Coffee,  Sugar 

(Breakfast        Bread,  Coffee,  Sugar 
Dinner  Bread,  Fresh  Beef,  Pea  Soup  and  Potatoes 

Supper  Bread,  Coffee,  Sugar  and  Stewed  Prunes 

If  the  prisoner  wants  a  dessert  with  his  dinner  he  can  pur- 
chase a  piece  of  pie  for  5  cents  from  one  of  the  "trusties,"  who 
is  authorized  by  the  Sheriff  to  purchase  and  sell  pies  to  the  pris- 
oners. No  prisoner  is  permitted  to  have  his  meals  brought  in 
from  the  outside. 

COST  OF  THE  FOOD 

Sheriff  Hirstius  makes  the  claim  that  the  50  cents  per  pris- 
oner per  day  for  food  is  only  a  fair  allowance  and  that  all  of  that 
sum  is  cither  spent  by  him  on  the  regular  meals  or  for  the  special 
dinners  on  Thanksgiving,  Christmas  and  other  holidays.  The 
Sheriff  was  requested  by  the  Municipal  Association  to  pennit  an 
audit  of  his  accounts  for  feeding  prisoners.  He  replied  that  all 
bills  were  destroyed  a  month  after  they  were  paid  and  that  a 
satisfactory  audit  would  be  impossible. 

In  order  to  determine  the  fairness  of  the  50-cent  charge  pci 


The  Sheriff's  Office  17 


prisoner  the  Association  secured  the  services  of  two  practical 
restaurant  men,  W.  H.  Wilcox,  in  charge  of  the  restaurant  at 
William  Taylor  Son  &  Company,  and  G.  K.  Clarke,  steward  at 
the  Chamber  of  Commerce  Club,  and  asked  them  to  visit  the  jail, 
examine  the  food,  watch  the  serving  of  the  meals,  and  upon  the 
facts  thus  ascertained  make  an  estimate  of  the  average  cost  per 
day  per  prisoner  for  the  food  thus  served,  including  the  cost  of 
gas  for  cooking  and  the  wages  paid  to  the  cook  by  the  Sheriff. 
These  are  the  only  items  of  expense  chargeable  to  the  Sheriff, 
according  to  his  statement.  The  serving  of  the  food  is  attended 
to  by  the  deputies  or  the  trusties  in  the  jail.  The  report  of  the 
committee  included  detailed  figures  showing  cost  of  each  item 
of  food  with  proper  allowance  for  gas,  utensils  and  special  din- 
ners. The  conclusions  of  the  committee  are  contained  in  the 
following  letter: 

"July  25th,  1912. 
"Mr.  Mayo  Fesler,  Secretary, 

"The  Municipal  Association, 
"Cleveland,  Ohio. 
"Dear  Sir: 

"In  accordance  with  the  instruction  of  the  Executive  Board 
of  the  Municipal  Association,  we  have  visited  the  jail,  examined 
the  food,  talked  with  the  Chief  Deputy  Sheriff,  Jailer  and  cook, 
watched  the  serving  of  the  food  and  observed  the  quantity  served 
to  each  prisoner. 

"Basing  our  figures  upon  these  facts,  upon  the  printed  bill 
of  fare,  and  upon  the  other  expenses  devolving  upon  the  Sheriff 
for  the  feeding  of  prisoners,  and  assuming  that  every  prisoner 
was  served  his  three  meals  for  each  day  included  on  the  jail 
register,  we  have  estimated  that  the  average  cost  to  the  Sheriff 
for  this  service  ought  not  to  be  in  excess  of  lie  per  day  per 
prisoner. 

"Yours  truly, 

"(Signed)     W.  H.  Wilcox, 
"G.  K.  Clarke." 

COST  IN  OTHER  SIMILAR  INSTITUTIONS 

The  estimates  of  Messrs.  Wilcox  and  Clarke  are  confirmed 
by  figures  received  from  the  Director  of  Charities  and  Corrections 
on  the  cost  of  feeding  prisoners  in  the  Work  House.  The  daily 
average  number  of  prisoners  in  the  Work  House  in  1911  was 
i7Z,  and  the  cost  of  the  food,  including  the  cooking  and  ser\'ing 
of  the  meals,  according  to  the  written  statement  of  the  Superin- 
tendent, is  about  11  cents  per  prisoner  per  day.  The  supplies 
which  come  from  the  farm  are  charged  against  the  Work  House 


18  The  Sheriff's  Office 


at  market  prices,  and  the  bill  of  fare  is  even  more  extensive  than 
that  of  the  jail.  The  daily  average  attendance  in  the  jail  is,  of 
course,  much  less  than  one-fifth  of  that  in  the  Work  House.  But 
the  difference  in  number  does  not  account  for  the  difference  be- 
tween 11  cents  and  50  cents,  the  present  price  paid  to  the  Sheriff. 
The  County  Commissioners  have  had  for  a  number  of  years 
an  arrangement  with  the  City  whereby  prisoners  committed  to  a 
Work  House  sentence  are  cared  for  in  the  City  Work  House  at 
County  expense.  It  is  interesting  to  note  the  difference  in  the 
contract  made  by  the  County  Commissioners  with  the  Sheriff 
and  the  one  recently  made  with  the  City  for  the  care  of  such 
County  prisoners.  The  Commissioners  allowed  the  Sheriff  50 
cents  per  day  per  prisoner  for  furnishing  the  food,  cooking  and 
serving  it  to  the  prisoners ;  all  other  bills  are  paid  by  the  County. 
The  Commissioners,  on  the  other  hand,  entered  into  a  contract 
with  the  City  to  pay  it  45  cents  per  day  per  prisoner  for  "boarding, 
clothing  and  maintaining  prisoners."  The  City  furnishes  and 
maintains  the  building,  furnishes  heat  and  light,  and  clothes  and 
feeds  the  prisoners.  We  have  been  unable  to  get  a  satisfactory 
explanation  for  this  difference  in  the  contract  price. 

COST  OF  FEEDING  PRISONERS  IN  OTHER  COTJNTIES 

Inquiry  was  made  of  the  sheriffs  in  populous  counties  in 
other  states  where  the  conditions  are  similar  and  where  an 
accounting  is  made  by  the  sheriffs  to  the  county  for  every  item 
of  expenditure.  The  actual  cost  in  these  counties,  as  reported 
by  the  sheriffs  further  tends  to  confirm  the  estimate  of  Messrs. 
Wilcox  and  Clarke,  as  is  shown  by  the  table  on  opposite  page. 


The  Sheriff's  Office 


19 


ComntT  and  Stata 


1.  w? 

1,  t..i: 


=  i  y  — 


Average 
Daily  Bill  of  Fare 


^  c  •* 

u2a. 


Minneapolis  Co.,  Minn 
Minneapolis 

G>ok  County,  III., 
Chicago 

Allegheny  Co.,  Pa., 
Pittsburgh 

Erie  Co.,  N.  Y.. 
Buffalo 

Middlesex  Co.,  Mass., 
Boston 

Cuv-ahoga  Co.,  O., 
Cleveland 


lijreakfast  Bread,   Butter,   Coffee.. 

11,37(«  Dinner  Soup,    Meat,    Potatoes, 

j  Bread.  Tea   1- .28c 

j  Supper  Bread,    Syrup    or    Pre- 

j  serves,  Coffee   

i 

i  Breakfast  Bread,   Coffee    1 

210,000  Dinner  Beef     Stew,      Potatoes,  I 

I  Bread f  .17c 

iSupper  Bread,  Bean  Soup J 


1  Breakfast 
150,000,  Dinner 
i Supper 


Bread,   Coffee    "j 

Hamb'rg'r  Steak,  Bread  5-  .\9y2C 
Soup,  Coffee,  Bread J 


Breakfast    Bread,   Coffee 
no      Dinner         Beef,  Potatoes 
figures  Supper         Bread,  Tea   ... 


1  Breakfast 
17,850j 

Dinner 


Supper 


Breakfast 
24,580  Dinner 

i 


Meat,    Hash    or   Eggs," 
Bread,  Butter,  Coffee 

Corned    Beef,   Cabbage, 
Potatoes,  Bread   , 

Bread,   Tea,   Prunes 


'I 


.17c 


.1498c 


' Supper 


Bread,   Coffee    

Corned    Beef,    Cabbage, 

Potatoes,  Bread  

Bread,  Coffee,  S>Tup... 


.50c 


CHAEGING  FOR  STEALS 

It  will  be  further  noted  that  Messrs.  Wilcox  and  Qarke,  in 
their  estimate,  assumed  that  every  prisoner  is  served  his  three 
meals  for  each  day.  The  charge  against  the  County  for  the  feed- 
ing of  prisoners  is  based  upon  the  number  of  days  a  prisoner  is 
in  jail.  If  he  is  in  jail  only  one  hour  and  eats  no  meals  at  all 
the  Qmnty  is  charged  for  one  day.  If  he  is  entered  on  the  jail 
register  before  8  p.  m.  and  is  released  at  any  time  the  next  morn- 
ing the  County  is  charged  two  days.  If  he  is  registered  at  11 
p.  m.,  and  is  released  at  11  a.  m.  the  next  morning,  the  Counts- 
is  charged  with  a  full  day.  In  short,  the  County  is  charged  for 
many  meals  which  are  never,  in  fact,  furnished  to  the  prisoners. 

Under  the  present  system  of  jail  registering  it  is  impossible, 
however,  for  the  County  to  determine  the  hour  of  the  day  when 
the  prisoner  is  registered  or  released.  The  only  time  information 
which  is  provided  in  the  jail  register  is  the  day  of  the  month. 
From  investigations  which  we  have  made  in  other  cities  of  the 


20  The  Sheriff's  Office 

State  and  outside  the  State,  it  is  fair  to  assume  that  10  per  cent 
of  the  charges  in  this  County,  in  so  far  as  the  question  of  meals 
is  concerned,  are  charges  in  excess  of  the  number  of  meals  fed. 
If  the  Sheriff  were  paid  only  for  the  actual  meals  furnished  to 
prisoners  and  for  the  actual  food  consumed,  as  shown  by  the  bills, 
it  is  quite  clear  that  the  sum  paid  him  by  the  County  would  be 
considerably  less  than  at  present. 

EXCESS  CHAEGES  IN  FOUR  YEARS 

In  order  to  make  ample  allowance  for  the  holiday  dinners 
furnished  to  the  prisoners  by  the  Sheriff,  which  were  really 
included  in  the  estimates  of  Messrs.  Wilcox  and  Clarke,  we  have 
added  3  cents  to  their  estimates.  On  that  basis  the  following 
table,  compiled  from  the  Sheriff's  report  to  the  State  Bureau  of 
Charities,  will  indicate  the  extent  of  these  excess  charges  during 
the  past  four  years  : 


Year 

THE  PRICE  PAID 

^°-  °^            Price              Actually 
Prisoner            ner          Received  from 
Days  per        tT:                County  by 
Annum          ^'^"^           the  Sheriff 

ACTUAL  COST 

No.  Prisoner     Actual           Amt.  which 

Diiys  Less        Cost                County 

Discount  of         per                 ^liouid 

10%  of  Days       Diem             Have  Paid 

1908  28,272  50c  $13,136.00  25,444  20c  $  5.088.80 

1909  31,374  50c  15,687.00  28,236  20c  5,647.20 

1910  23,331  50c  11,165.75  20,997  20c  4,199.40 

1911  24,581  50c  12,290.25  23,133  20c  4.426.60 


$52,279.00  $19,362.00 


These  figures,  which  we  believe  are  conservatively  fair,  would 
indicate  that  Cuyahoga  County  is  paying  to  the  Sheriff  30  cents 
per  day  more  for  meals  than  they  actually  cost  him,  and  during 
the  past  four  years  has  paid  him  approximately  $32,000  in  excess 
of  the  actual  cost  for  the  food  and  service. 

It  must  be  kept  in  mind,  however,  that  the  Commissioners 
are  compelled  by  law  to  pay  him  not  less  than  45  cents  per  pris- 
oner per  day  and  not  more  than  75  cents,  but  the  law  leaves  to 
them  the  determination  of  the  nature  of  the  contract  which  they 
make  with  the  Sheriff  within  the  limits  of  the  prices  fixed  by  law. 

The  question  of  the  right  of  the  Sheriff  to  charge  for  a  full 
day,  or  even  two  days,  when  less  than  three  meals  are  eaten  by 
the  prisoner,  was  submitted  by  the  Sheriff  of  one  of  the  rural 
counties  to  the  Bureau  of  Inspection  and  Supervision  of  Public 
Offices  in  1908.  The  question,  as  stated  by  him,  was  "whether  a 
Sheriff  is  authorized  to  charge  the  county  two  per  diems  as 
allowed  for  feeding  prisoners  in  a  case  where  the  prisoner  is 
committed  in  the  afternoon  of  one  day  and  released  the  next,  hav- 


The  Sheriff's  Office  21 


ing  had  one  meal ;  in  other  words,  whether  fractional  parts  of 
days  should  be  counted  as  whole  days."  The  head  of  the  Bureau, 
Mr.  Peckinpaugh,  replied  "that  the  matter  of  fixing  the  compen- 
sation of  the  Sheriff  for  this  service  is  entirely  within  the  discre- 
tion of  the  County  Commissioners,  except  that  a  maximum  and 
a  minimum  is  fixed  by  the  statute." 

Mr.  Hirstius  says  that  he  took  this  question  up  with  the 
State  Examiner  when  he  first  entered  office,  and  was  instructed 
to  charge  full  days  in  every  case,  and  that  if  he  did  not  the  Exam- 
iners would  later  find  it  a  charge  against  the  County  which  would 
show  as  a  clerical  error  on  the  Sheriff's  books. 

COITNTY  COMMISSIONERS'  NEGLIGENCE 

It  is  clearly  apparent  then  that  the  County  Commissioners 
have  not,  in  this  contract  for  the  feeding  of  prisoners,  acted  to 
the  advantage  of  the  County.  The  contract  should  have  provided 
for  fractional  days  and  an  exact  accounting  for  every  meal  served 
to  every  prisoner ;  some  specifications  as  to  the  quantity  and  qual- 
ity of  food  furnished ;  and  monthly  statements  to  the  Commis- 
sioners including  every  item  of  cost  in  feeding  prisoners.  Even 
though  they  could  not  pay  less  than  45  cents,  the  information 
regarding  the  cost  would  have  served  as  a  future  guide  in  fixing 
the  price.  No  reasonable  excuse,  as  far  as  we  have  been  able  to 
ascertain,  can  be  offered  by  the  Commissioners  for  granting  a 
charge  of  50  cents  when  it  could  have  been  fixed  at  45  cents  per 
prisoner ;  and  when  a  most  cursory  investigation  would  have  made 
it  clear  to  them  that  even  45  cents  was  an  excessive  rate  for  the 
amount  and  quality  of  food  served. 

The  point  has  been  made  that  the  law  fixing  the  minimum 
at  45  cents  contemplates  better  food  and  more  in  quantity  than 
is  now  being  fed  to  prisoners.  The  cost  to  the  County  would 
certainly  justify  such  a  conclusion ;  but  the  food  at  present  served 
is  wholesome  and,  according  to  reliable  experts,  is  sufficient  for 
men  leading  the  sedentary  life  of  prisoners.  Moreover,  it  must 
be  remembered  that  the  County  Jail  is  not  intended  to  be  a  sum- 
mer hotel  nor  a  Pullman  dining  car.  Violators  of  the  law,  who 
are  a  dead  expense  to  the  community,  are  entitled  to  no  more  nor 
better  food  than  is  actually  necessary  for  their  health  and  comfort. 
We  believe  the  present  food,  both  as  to  quantity  and  quality,  is 
sufficient,  and  that  the  conditions  under  which  it  is  served  are 
satisfactory  from  the  point  of  view  of  cleanliness,  cooking  and 
sanitation. 


22  The  Sheriff's  Office 


STJKVIVAL  OF  FEE  SYSTEM 

The  present  arrangement,  whereby  the  Sheriff  is  paid  a  lump 
sum  and  is  given  authority  to  purchase  the  kind  and  amount  of 
food  for  prisoners  without  any  supervision  or  regulation,  is  a 
survival  of  the  very  unjust  and  wasteful  fee  system  from  which 
this  State  tried  to  rid  itself  some  years  ago.  Not  only  is  Cuyahoga 
County  compelled  to  pay  overcharges  to  an  amount  approxi- 
mating $8,000  annually,  but  the  treasuries  in  other  populous 
counties  are  drained  by  this  unnecessary  expenditure  to  an  even 
greater  extent  proportionately,  for  the  reason  that  they  pay  a 
higher  rate  per  prisoner  per  day,  as  shown  by  the  following  table : 

JAIL  STATISTICS— June  30,  1910 

Price  per  Received  from  u„„.,i,n„„ 

rm,nfv                                   Diem  tor                    County  fur  Population 

'-°""''                                   Feeding  Maintenance  of  ^„  L. 

Piisoners  Prisoners  1909-10  county 

Franklin    (Columbus)     ....  60c  $14,072.40  221,567 

Hamilton    (Cincinnati)     ....  65c  12,916.00  460,732 

Cuyahoga   (Cleveland)    ....  50c  11,165.95  627,425 

Lucas    (Toledo)    50c  9,868.00  192,728 

Mahoning    (Youngstown)    .  70c  9,793.00  116,151 

Montgomery  (Dayton)   ....  60c  7,567.20  163,763 

CHANGE  IN  THE  LAW 

A  change  in  the  laws  relative  to  the  feeding  of  prisoners 
should  be  made,  and  it  is  the  intention  of  the  Association,  at  the 
next  session  of  the  General  Assembly,  to  urge  the  passage  of  a 
law  whereby  the  Commissioners  in  populous  Counties  may  either 
contract  for  the  feeding  of  prisoners  at  a  price  not  to  exceed  fifty 
(50)  cents  per  prisoner  per  day  or  authorize  the  Sheriff  to  pur- 
chase the  food  and  submit  to  the  Board  monthly  statements, 
including  all  bills  for  payment  covering  these  expenditures.  Such 
a  statute  (Section  1365-12,  Bates  Annotated  Statutes  of  Ohio. 
1900)  formerly  existed,  but  for  some  unknown  reason  was  re- 
pealed.   This  statute  read: 

"The  cost  of  maintaining  prisoners  in  the  County  Jail 
shall  be  paid  out  of  the  County  Treasury  on  the  warrant  of 
the  Auditor,  approved  by  the  County  Commissioners.  The 
Sheriff  shall  render  monthly  to  the  County  Commissioners 
an  itemized  and  accurate  account,  with  all  bills,  showing  the 
actual  cost  of  maintaining  the  prisoners.  The  amount  which 
shall  be  left  after  deducting  such  actual  cost  from  the  sum 
now  provided  by  law  for  maintaining  such  prisoners  shall 
be  paid  into  the  fee  fund  on  the  warrant  of  the  County 
Auditor." 


The  Sheriff's  Office  23 


Another  change  in  the  law  which  will  be  recommended  in 
the  interest  of  economy  and  protection  to  the  County  is  an  amend- 
ment to  Section  3158,  Revised  Code,  relating  to  the  jail  register. 
This  section  at  present  requires  only  the  date  of  the  commitment 
and  the  date  of  discharge,  and  makes  no  requirement  as  to  the 
hour  of  commitment  and  discharge.  A  slight  amendment  includ- 
ing this  item,  and  defining  what  a  prisoner  day  shall  be,  will  save 
the  County  the  10  per  cent  of  excess  charges  indicated  above. 

A  change  should  also  be  made  in  the  provisions  for  the 
appointment  and  dismissal  of  the  matrons  in  the  women's  depart- 
ment. The  three  matrons  are  appointed  by  the  Sheriff,  but  the 
appointment  must  be  approved  by  the  Probate  Judge  (R.  S.,  Sec. 
3178),  and  no  matron  can  be  removed  from  office  except  for 
cause,  and  then  only  after  a  hearing  before  the  Probate  Judge. 

Practical  experience  in  this  County  in  a  test  case  has  proven 
that  this  method  of  appointment  and  removal  is  unsatisfactory. 
The  Sheriff  should  have  the  sole  right  of  appointment,  under  the 
merit  system,  and  absolute  power  of  dismissal  for  incompetency 
or  neglect  of  duty.  A  change  to  this  effect  in  Section  3178  is 
especially  desirable  in  view  of  the  fact  that  a  civil  service  law, 
placing  appointive  county  offices  under  the  merit  system,  must 
be  passed  by  the  next  session  of  the  legislature  in  compliance 
with  the  constitutional  amendment  recently  adopted. 

A  NEW  JAIL 

In  this  study  of  the  Sheriff's  office  we  have  not  lost  sight 
of  the  physical  difficulties  confronting  the  Sheriff  in  his  care  of 
the  prisoners.  The  present  jail  building  is  seriously  inadequate 
to  meet  the  present  needs. 

Location.  The  completion  of  the  new  Court  House  and  the 
transfer  of  the  civil  courts,  including  the  Probate  Court,  to  the 
new  building  and  the  retention  of  the  criminal  and  juvenile 
branches  in  the  old  Court  House  has  made  necessary  a  division 
of  the  Sheriff's  office.  The  civil  department  is  in  the  new  Court 
House,  while  the  jail  and  criminal  department  remain  in  the 
old  Court  House.  The  County  Commissioners  are  at  present 
planning  to  equip  two  small  rooms  now  occupied  by  the  SheriflF 
as  detention  rooms  for  the  insane  patients.  This  will  make  their 
examination  by  the  Probate  Court  extremely  inconvenient. 

A  jail  building  near  the  new  Court  House  would  not  only 
remove  these  inconveniences  but  would  also  make  the  transfer  of 


24  The  Sheriff's  Office 


prisoners  and  insane  patients  to  the  depot  for  transportation  to 
Mansfield,  Columbus,  Lancaster  and  other  institutions  much  more 
convenient  and  less  expensive.  The  present  location  of  the  jail 
makes  it  necessary  to  unload  prisoners  and  insane  patients  in 
front  of  the  Sheriff's  office,  practically  on  the  Public  Square, 
where  they  are  subject  to  the  annoyance  of  the  gaping  crowd. 
There  should  be  a  jail  yard  where  prisoners  can  be  received  and 
taken  to  their  cells  out  of  sight  of  the  curious.  This  is  not  pos- 
sible at  the  present  location. 

The  women's  department  opens  upon  Frankfort  avenue  on 
the  one  side  and  into  a  court  yard  on  the  other,  where  hundreds  of 
people  pass  daily  from  one  building  to  the  other.  The  room  for 
juvenile  offenders  is  directly  above  the  women's  department,  is 
fully  as  public,  and  has  long  since  proven  inadequate.  Both  of 
these  departments  should  be  protected  from  the  public  eye  as 
much  as  possible. 

Arrangement  of  Cells.  In  the  present  jail  all  prisoners  are 
confined  in  their  cells  except  during  the  time  when  they  are  per- 
mitted to  be  in  the  exercise  corridor  between  the  hours  of  1 
and  3  p.  m.  Their  cells  are  enclosed  with  flat  crossbars  which  make 
them  unnecessarily  dark.  The  prisoners  confined  therein  for 
twenty-two  out  of  the  twenty-four  hours  per  day  are  compelled 
to  use  artificial  light.  The  present  jail  was  built  according  to 
the  old  methods  of  construction,  and  instead  of  having  the  cells 
along  the  walls,  so  that  light  and  air  could  penetrate,  they  are 
placed  in  the  center  of  the  building  with  a  wide  corridor  between 
them  and  the  outer  wall.  The  present  arrangement  of  the  cells 
with  the  only  exercise  corridor  on  the  first  floor  makes  it  impos- 
sible to  classify  male  prisoners  with  any  regard  to  the  seriousness 
of  the  crimes  for  which  they  are  charged.  A  person  detained  as  a 
witness  is  compelled  to  associate  with  those  charged  with  theft, 
murder  and  other  crimes. 

The  jail  is  the  one  institution  above  all  others  where  the  as- 
sociation of  inmates  should  be  prevented.  Friendships  between 
novices  and  confirmed  criminals  have  often  resulted  in  making 
the  novices  confirmed  criminals.  New  acquaintances  and  friend- 
ships should  be  made  as  difficult  as  possible.  This  cannot  be  done 
with  the  present  arrangement  of  the  cells  and  the  exercise 
corridor. 

Hospital.  The  only  provision  for  a  hospital  in  the  present 
jail  is  a  small  illy  ventilated  room  in  one  corner  of  the  building. 
which  will  accommodate  only  two  patients  and   furni.shes  abso- 


The  Sheriff's  Office  2S 


lutely  no  seclusion  or  quiet.     The  hospital  accommodations  are 
wholly  inadequate. 

Some  of  these  conditions  can  be  remedied  by  remodeling  the 
present  jail,  but  the  most  serious  ones  can  be  removed  only  by 
the  construction  of  a  new  jail.  Mr.  Hirstius  has  frequently 
called  attention  to  these  conditions  and  has  sought  the  help  of 
officials  and  public  organizations  in  the  effort  to  secure  a  new 
jail.  A  new  one,  in  our  opinion,  should  be  constructed  near  the 
new  Court  House  along  the  most  improved  lines  of  construction 
suggested  by  experts  in  that  type  of  buildings.  If  it  is  to  be  a 
part  of  the  group  plan,  as  has  been  suggested,  its  exact  location 
should  be  determined  by  the  Group  Plan  Commission,  and  its 
style  of  architecture  should  be  made  to  conform  to  the  general 
plan. 

ORGANIZED  POLICE  PROTECTION  IN  THE  COUNTY 

In  August,  1910,  Sheriff  Hirstius  was  instrumental  in  per- 
fecting an  organization  known  as  "The  Minute  Men  of  Cuya- 
hoga County,"  composed  of  the  mayors,  marshals,  constables  and 
other  officers  of  the  villages  and  townships  in  the  county  outside  of 
the  city  of  Cleveland.  The  organization,  purely  voluntary  in  char- 
acter, is  intended  to  furnish  better  police  protection  to  the  people 
living  in  outlying  sections  of  the  County  where  no  regularly  or- 
ganized police  force  exists.  The  Sheriff  has  compiled  a  booklet 
containing  the  names  of  the  members  of  the  organization,  their  ad- 
dresses and  telephone  numbers ;  general  instructions  as  to  how  a 
resident  of  the  County  should  proceed  in  case  a  crime  is  com- 
mitted in  his  neighborhood,  and  other  information  which  will  aid 
in  preventing  violations  of  the  law  in  rural  sections  of  the  County. 
The  telephone  companies  have  co-operated  in  the  work  and  the 
Sheriff  reports  that  the  new  organization  has  rendered  valuable  as- 
sistance on  a  number  of  occasions.  Until  the  State  provides  for  a 
rural  constabulary,  as  it  must  do  in  the  near  future,  this  voluntary 
and  unremunerated  organization  should  have  the  hearty  support 
and  co-operation  of  the  entire  County. 

In  this  report  on  the  Sheriff's  office  we  have  tried  to  bring 
out  especially  those  defects  which  indicate  a  need  of  greater 
economy  and  efficiency.  We  have  also  sought  to  point  out  those 
features  of  the  present  Sheriff's  administration  which  deserve 
commendation.  The  reports  of  the  State  examiners  made  to  the 
Auditor  of  State  and  covering  the  accounts  of  the  Sheriff,  includ- 
ing the  fixing  and  collecting  of  fees,  the  charges  against  the 


26  The  Sheriff's  Office 


County  for  the  feeding  of  prisoners,  and  the  various  items  of 
expense  in  serving  writs  and  transporting  prisoners,  are  uniformly 
favorable.  They  report  the  clerical  work  "unusually  well  exe- 
cuted," and  the  books  "accurately  and  neatly  kept." 

Inquiry  has  been  made  from  those  qualified  to  know  of  the 
quality  of  service  rendered  by  Mr.  Hirstius  during  his  four  years' 
term  as  Sheriff.  Furthermore,  the  Association  has  had  occasion 
to  investigate  his  record  twice  when  a  candidate  for  re-election 
or  for  nomination  to  another  office.  We  desire  to  say  in  con- 
clusion that  his  administration  of  the  office  has  been  found  to  be 
generally  satisfactory.  The  jail  has  always  been  found  in  a 
sanitary  condition,  the  food  for  prisoners  has  been  wholesome  and 
sufficient,  and  his  care  of  prisoners  committed  to  his  charge  has 
been,  under  all  circumstances,  humane  and  considerate. 


ID] 


m 


September  1914 


Number  121 


THE  UNIVERSITY  OF 

NORTH  CAROLINA 

RECORD 


Extension  series  No.  9 

Syllabus  of  Home-County 
Club  Studies 


H- 


PUBLISHED  BY  THE  UNIVERSITY 

Entered  as  Second-Class  Matter  at  the  Postoflace  at 

CHAPEIv  HIIvL,,  N.  C. 


;|D] 


I       The  University  of  North  Carolina 


Maximum  Service  to  the  People  of  the  State 

A.     THE  COLLEGE  OF  LIBERAL  ARTS. 


I  B.     THE  SCHOOL  OF  APPLIED  SCIENCE. 

^  (1)     Chemical   Engineering. 

il  (2)     Electrical  Engineering. 

4»  (.3)     Civil  and  Road  Engineering. 

4>  (4)     Soil  Investigation. 

I  C.     THE   GRADUATE   SCHOOL. 

t  D.     THE  SCHOOL  OF  LAW. 

I  E.     THE  SCHOOL  OF  MEDICINE. 

t  F.     THE  SCHOOL  OF  PHARMACY. 

♦ 

±  G.  THE  SCHOOL  OF  EDUCATION. 

t  H.  THE  SUMMER  SCHOOL. 

t  I.   THE  BUREAU  OF  EXTENSION. 

^  (1)     General  Information. 

^  (2)     Instruction  by  Lectures. 

'f  (3)     Correspondence  Courses. 

♦>  (4)     Debate  and  Declamation. 

<4  (5)     County  Economic  and  Social  Surveys.  .j, 

*J*  (6)     Municipal  and  Legislative  Reference.  || 

*>  (7)     Teachers'  Bureau,  Preparatory  Schools  * 

1*1  and  College  Entrance  Requirements.  || 


WRITE  TO  THE  UNIVERSITY  WHEN  YOU  4. 

NEED  HELP  | 

♦ 


Ij!  For  information  regarding  the  University,  address  * 

I  THOMAS  J.  WILSON,  Jr.,  Registrar.  J 

t  * 

^{4^^4>^^4><{>4l<S>»*44>^>2>^4>{4^lJ>{44*4^{4{4{4{4^l{4<4>J.i;4^4{.{4<{l{4^{4<{>l{<>2l^<{l4>l{4lJl^^4' 


THE  UNIVERSITY  OF 

NORTH  CAROLINA 

RECORD 


Faculty  Committee  on  Extension 

Louis  R.  Wilson        N.  W.  Walker        M.  H.  Stacy        C.  L.  Raper 

H.    W.    Chase        M.    C.    S.    Noble        Collier    Cobb 

E.  C.  Branson        L.  A.  Williams 

Z.  V.  JuDD      E.  R.  Rankin 


The   Seeman  Prixtery 

Durham,  N.  C. 

1914 


The  Bureau  of  Extension  of  the  University 
of  North  Carolina 


The  University  of  North  Carolina  through  its  Bureau  of  Extension 
offers  to  the  people  of  the  State : 

I.    General  Information  : 

Concerning  books,  readings,  essays,  study  outlines,  and  subjects 
of  general  interest.  Literature  will  be  loaned  from  the  Li- 
brary upon  the  payment  of  transportation  charges  each 
way. 

IL    Instruction  by  Lectures: 

Lectures  of  a  popular  or  technical  nature  and  addresses  for  com- 
mencement or  other  special  occasions  will  be  furnished  any 
community  which  will  pay  the  traveling  expenses  of  the 
lecturer. 

III.    Correspondence  Courses  : 

For  teachers  in  Arithmetic,  Economics,  Education,  English,  Ger- 
man, Latin,  North  Carolina  History,  Rural  Economics, 
Rural  Education,  Solid  Geometry,  and  United  States  His- 
tory. 

IV.    Guidance  in  Debate  and  Declamation  : 

Through  the  High  School  Debating  Union,  special  bulletins  and 
handbooks,  and  material  loaned  from  the  Library. 

V.    County  Economic  and  Social  Surveys: 

For  use  by  counties  in  their  effort  to  improve  their  economic 
and  social  condition. 

VI.    Municipal  and  Legislative  Reference  Aids: 

For  use  in  studying  and  drafting  municipal  and  State  legisla- 
tion. 

VII.    A  Teachers'  Bureau: 

To  be  used  as  an  aid  to  communities  and  schools  in  securing 
efficient  teachers  and  as  a  clearing  house  for  information 
concerning  secondary  schools  and  college  entrance  require- 
ments. 

For  full  information,  address 

The  Bureau  of  Extension, 

Chapel  Hill,  N.  C. 


FOREWORD 


Nine-tenths  of  the  power  of  seeing  a  thing  as  it  is,  turns  out  to 
be  one  s  power  of  seeing  it  as  it  is  going  to  be. — Gerald  Stan- 
ley IvEE. 

1.  The  County  Clubs  at  The  University  of  North  Carolina  are 
volunteer  organizations  devoted  to  the  study  of  home-county  and 
mother-state  conditions  and  problems — economic,  social  and  civic. 

The  Club  members  believe  that  a  proper  study  for  North  Carolinians 
is  North  Carolina.  They  are  bent  upon  intimate,  thoughtful  acquaint- 
ance vfith  the  forces,  agencies,  tendencies,  drifts  and  movements  that 
have  made  the  history  we  study  today,  and  that  are  making  the  history 
our  children  will  study  tomorrow. 

2.  Each  county  is  compared  with  itself  during  the  last  census  period, 
in  order  to  learn  in  what  essential  particulars  it  is  moving  forward, 
marking  time,  or  lagging  to  the  rearward. 

But  also,  it  is  compared  with  other  counties  of  the  State  in  every 
phase  of  the  study,  in  order  to  show  its  rank  and  standing;  or  so,  as 
far  as  possible. 

Meanwhile  the  State  as  a  whole  is  being  set  against  the  big  back- 
ground of  world  endeavor  and  achievement.  Citizenship  needs  to  be 
broadly  thoughtful,  competent,  and  patriotic  everywhere;  and  also  it 
needs  to  escape  being  narrowly  parochial  and  provincial  anywhere. 

3.  The  federation  of  County  Clubs  is  The  North  Carolina  Club, 
which  devotes  one  hour  each  week  to  defining,  discussing  and  in- 
terpreting the  results  of  the  various  individual  Club  studies. 

4.  The  headquarters  of  The  North  Carolina  Club  are  the  seminar 
room  of  the  Deoartment  of  Rural  Economics  and  Sociology  in  the 
Peabody  Building.  It  is  open  all  day  every  day,  except  upon  Tuesday, 
Friday  and  Saturday  afternoons.  Here  is  a  clearing-house,  a  ready 
reference  library,  of  exact  information  about  North  Carolina,  In  mat- 
ters economic  and  social. 

5.  This  economic  and  social  reference  library  at  the  University  will 
be  brought  into  efficiency  as  rapidly  as  possible. 

A  purpose  of  The  North  Carolina  Club  is  to  campaign  the  organiza- 
tion of  similar  Home-Study  Clubs  in  every  county  and  community  of 
the  State.  The  central  reference  library  in  the  headquarters  of  the 
Club  at  the  University  is  a  source  of  such  economic  and  social  infor- 
mation as  may  not  be  readily  at  hand  to  extra-campus  clubs. 

Inquiries  by  letter  will  receive  prompt  attention.  If  the  information 
wanted  about  the  county  or  the  State  has  not  already  been  assembled, 


4  Syllabus  of  Home-County  Club  Studies 

the  utmost  endeavor  will  be  at  once  made  to  secure  it  from  the  various 
scattered  sources  of  such  data. 

The  Home-Study  Clubs  are  an  effort  toward  direct  and  single-mind- 
ed preparation  for  intelligent,  effective  service  to  the  mother-state. 

The  North  Carolina  that  was,  challenges  the  pride  of  her  sons  and 
daughters ;  the  North  Carolina  that  is,  calls  for  familiar,  loving  ac- 
quaintance; the  North  Carolina  that  is  to  be,  depends  upon  the  compe- 
tent citizenship  of  her  children. 

COUNTRY-LIFE    PROBLEMS    A    MAIN    MATTER 

The  County  Club  studies,  herein  outlined,  largely  concern  our  rural 
problems  and  their  solution ;  and  properly  so  because  country  civiliza- 
tion bulks  big  in  North  Carolina. 

1.  Our  country  dwellers  outnumber  our  townspeople  more  than 
six  to  one.  Nearly  five-sixths  of  the  school  children  of  the  State  are 
country  children.  Nearly  four-fifths  of  all  the  church  members  in 
North  Carolina  are  in  the  countryside.  The  white  voters  in  our 
country  precincts  outnumber  our  white  voters  in  the  towns  and  cities 
nearly  six  to  one. 

Barely  more  than  five  hundred  thousand  people  in  North  Carolina 
in  1910  lived  in  cities  and  towns,  or  incorporated  places  of  any  size 
whatsoever.  But  nearly  one  million  seven  hundred  thousand  of  our 
people  lived  in  the  open  country. 

If  democracy  concerns  the  greatest  good  of  the  greatest  number, 
country  life  in  North  Carolina  deserves  to  occupy  the  foremost  place 
in  the  activities  of  both  the  church  and  the  State. 

2.  But  also,  agriculture  is  the  biggest  business  in  North  Carolina — 
biggest  in  the  total  capital  employed,  in  the  wealth  annually  created, 
and  in  the  number  of  people  engaged  in  it. 

The  capital  invested  in  agriculture  in  the  census  year  was  nearly 
two  and  a  half  times  the  amount  invested  in  manufacture  of  all 
kinds.  The  farm  wealth  created,  in  crops  and  animal  products,  was 
nearly  twice  the  wealth  created  by  our  mills  and  factories  in  the  pro- 
cesses of  manufacture.  While  the  people  engaged  In  farming  out- 
numbered all  other  bread-winners  and  wage-earners  nearly  exactly 
two  to  one. 

Education  or  legislation  that  neglects  or  overlooks  the  countryside 
problem  in  North  Carolina  sins  against  the  majority  of  her  people,  the 
bulk  of  her  business  capital  and  the  chief  sources  of  her  well  being  and 
welfare. 

3.  Our  civilization  rests  at  bottom  on  the  wholesomeness,  the  at- 
tractiveness, and  the  completeness,  as  well  as  the  prosperity,  of  life  in 
the  country,  says  The  Country  Life  Commission.  Upon  the  develop- 
ment of  country  life  rests  ultimately  our  ability,  by  methods  of  farm- 


University  of  North  Carolina  5 

ing  requiring  the  highest  intelligence,  to  continue  to  feed  and  clothe 
the  hungry  nations ;  to  supply  the  city  with  fresh  blood,  clean  bodies, 
and  clear  brains  that  can  endure  the  terrific  strain  of  modern  life.  We 
need  the  development  of  men  in  the  open  country,  who  will  be  in  the 
future,  as  in  the  past,  the  stay  and  strength  of  the  nation  in  time  of 
war,  and  its  guiding  and  controlling  spirit  in  the  time  of  peace. 

SOURCES  OF  INFORMATION 

Facts  without  opinions  are  useless;  opinions  without  facts  are 
impertinent  or  mischievous  or  worse.  To  be  steeped  in  a  ruck  of 
mere  opinions  is  a  sad  and  sorry  state  of  existence. — The  Home 
AND    Farmstead. 

In  general :  direct  personal  inquiry,  special  field  investigations ;  the 
newspapers  and  newspaper  files ;  old  account  books,  letters,  bills  and 
receipts ;  the  records  of  the  courthouse  offices,  the  presentments  of  the 
grand  juries;  the  maps,  bulletins  and  reports  of  the  various  State 
departments,  commissions,  and  institutions ;  the  publications  of  the 
Federal  bureaus  and  offices— the  county  soil  surveys,  the  topographical, 
geological,  and  postal  route  maps,  the  census  reports ;  public  and  pri- 
vate libraries ;  minutes  of  the  various  church  bodies ;  programs  and 
publications  of  the  educational,  agricultural,  industrial  and  financial 
organizations  of  the  State;  the  Club  library  upon  economics  and 
sociology,  and  the  Club  files  of  accumulating  data  about  North  Caro- 
lina. 

Bibliographies  of  definite  source  materials  at  the  University  are  at 
hand  for  ready  use  here  in  every  section  of  the  Home-County  studies. 

They  are  also  at  the  service  of  extra-campus  Home-Study  Clubs. 
Specific  information  about  economic  and  social  conditions  and  prob- 
lems in  North  Carolina  can  be  promptly  secured  by  letter ;  or  will  be 
assembled  and  transmitted  to  the  enquirer  at  the  earliest  possible 
moment. 

HOW  TO  USE  THE  SYLLABUS 

Intimate,  familiar  acquaintance  with  one's  Mother-State  is  a 
direct  appeal  to  intelligent  civic  conscience  and  concern.  We  will 
serve  our  State  oetter  when  we  know  her  better. — The  Home 
AND  Farmstead. 

1.  Ask  for  definite  instructions  about  source  materials. 

2.  Note  briefly  and  accurately  the  bare  facts  called  for. 

3.  State  definitely  the  sources  of  information :  direct  personal  in- 
vestigation; correspondence — with  whom,  date;  title  and  page  of 
pamphlets,  bulletins,  reports,  or  volumes  used,  etc. 


6  SYI.I.ABUS  OF  Home-County  Club  Studies 

4.  When  the  county  studies  have  been  finished,  translate  the  results 
into  a  simple  running  narrative  (i)  for  publication  by  sections  in  the 
newspapers  of  the  home  county,  and  (2)  for  publication  in  bull'  .:s 
form,  as  a  brief  text-book  for  study  in  the  county  high  schools,  for 
use  in  the  teachers'  institutes,  for  thoughtful  reading  in  the  farm 
homes,  for  discussion  by  the  ministerial  association  and  for  the  con 
sideration  of  the  merchants  and  bankers  of  the  county. 

5.  Every  section  of  the  study  ought  to  be  marked  by  a  consideration 
of  conditions,  causes  and  consequences,  along  with  a  constructive  pro- 
gram aimed  at  the  checking  of  untoward  dntts  and  tendencies,  or  the 
hastening  of  advantageous  forward  movements. 

6.  In  particular,  the  burden  of  study  is :  My  Home-County — 
Where  it  Leads,  Where  it  Lags  and  the  Way  Out. 

E.  C.  Branson. 


CONTENTS 


PAGE 

Foreword    3 

Country-Life  Problems  a  Main  Matter 4 

Sources  of  Information    5 

Use  of  Syllabus   5 

I.    Historical    Background    8 

II.    Natural  Resources  8 

III.  Population   Studies    9 

IV.  Country  Populations  10 

V.    Wealth    Studies    12 

VI.    Domestic    Animals    13 

VII.    Live   Stock   Products    14 

VIII.    Production  of  Crop  Wealth 16 

IX.    Organization  and  Co-operation  18 

X.    Rural    Credits 19 

XL    Markets     23 

XIL    Improved  Public  Highways.     Railway  Facilities 27 

Xm.    School  Studies    29 

XIV.    Public  Health  and  Sanitation 34 

XV.    Church  and  Sunday  School  Studies 38 

XVL    The    Farm    Home 41 


Syllabus  of  Home-County  Club  Studies 


I.     HISTORICAL  BACKGROUND 

The  true  test  of  civilisation  is  not  in  the  census,  nor  the  sise 
of  cities,  nor  the  crops — No — but  the  kind  of  men  the  country 
txtrns  out. — Emerson. 

1.  Brief  historical  sketch  of  the  county. 

2.  Racial  strains  and  influences. 

3.  Noteworthy  (i)  localities,  (2)  memorials,  (3)  achievements, 
(4)  events,  (5)  personages. 

4.  Subjects  for  theses  or  discussions:  The  Scotch-Irish  in  North 
Carolina  History.  The  German-Lutherans  in  North  Carolina.  The 
Moravians  in  North  Carolina.  The  Friends  and  their  Influences. 
Cotton  Culture  in  North  Carolina :  Beginning,  Development  and 
Importance.  The  Development  of  Cotton  Manufacture  in  North 
Carolina;    Tobacco    Manufacture;    Furniture    Manufacture. 

5.  Sources  of  Information  (indicated  in  definite  foot  notes,  as  used 
in  the  course  of  these  studies). 


11.     NATURAL   RESOURCES 

The  prosperity  of  a  country  depends  not  on  the  abundance  of 
its  refbiirces  nor  on  the  strength  of  its  fortifications  nor  on  the 
beauty   of  its  public   buildings. 

It  consists  in  the  number  of  its  cultivated  citizens,  its  men  of 
education,    enlightenment,   and   character. 

Here  is  to  be  found  its  true  interest,  its  chief  strength,  its 
real  power. — Martin   Luther. 

1.  Location  and  area,  topography  and  climate,  health  conditions. 

2.  Natural  sources  of  wealth  in  the  county: 

(i)  Fisheries — population  engaged;  capital  invested;  annual 
output;  conditions  and  problems;  needed  legislation. 

(2)  Mineral  deposits — kinds  and  localities;  active  mining  in- 
dustries ;  population  engaged ;  capital  employed ;  annual 
output ;  undeveloped  resources. 

(3)  Forest  area — extent,  cliaracter  and  value ;  annual  timber 
cut ;  wood-working  industries ;  population  engaged ;  total 
capital  employed,  annual  output ;  forestry  problems ;  needed 
legislation. 


University  of  North  Carolina  9 

(4)  Water  powers — available,  used,  how  used ;  mills  and  fac- 
tories, number  and  kinds,  total  population  engaged,  total 
capital  employed,  annual  output. 

(5)  Soils  and  seasons — soil  areas  and  characteristics;  crop 
adaptations,  farm  activities  and  opportunities ;  population 
engaged;  capital  employed;  typical  farm  system  of  the 
county,  defects  or  advantages ;  total  annual  farm  wealth 
produced  by  crops  and  animal  products;  per  capita  wealth 
of  country  populations,  comparisons ;  sources  of  annual 
farm  wealth,  in  order  of  importance. 

Subjects  for  theses  or  discussions:  North  Carolina — the  Land  of 
Opportunity.  Our  Unprotected,  Undeveloped  Fisheries.  The  For- 
estry Problems  of  North  Carolina.  Our  Water  Powers  and  Their 
Development.  The  Control  and  Regulation  of  Water  Powers. 
Our  Undeveloped  Farm  Areas.  The  Production  and  the  Retention 
of  Farm  Wealth.  Our  Economic  Surplus ;  its  Bulk  and  Signifi- 
cance. The  Economic  Classes  of  North  Carolina. 
Sources  of  information  (indicated  as  in  other  sections  of  these 
studies). 


III.     POPULATION   STUDIES 

/  am  saddened  when  I  see  our  successes  as  a  nation  measured 
by  the  number  of  acr.es  under  tillage  or  the  bushels  of  wheat 
exported;  for  the  real  value  of  a  country  must  be  weighed  in 
scales   more   delicate   than    the   Balance    of    Trade. 

The  garners  of  Sicily  are  empty  now,  but  the  bees  from  all 
climes  still  fetch  honey  from  the  titty  garden  plot  of  Theocritus. 
On  a  map  of  the  world  you  may  cover  Judea  with  your  thumb, 
Athens  with  a  finger  tip,  and  neither  of  them  figures  in  the 
Prices  Current;  but  they  still  lord  it  in  the  thought  and  action  of 
every   civilised   man. 

Did  not  Dante  cover  with  his  hood  all  that  was  Italy  six  hun- 
kundred  years  ago?  Material  success  is  good,  but  only  as  the 
necessary   preliminary   of   better  things. 

The  measure  of  a  nation's  true  success  is  the  amount  it  has 
contributed  to  the  thought,  the  moral  energy,  the  intellectual 
happiness,  the  spiritual  hope  and  consolation  of  mankind. — James 
Russell  Lowell. 

I.    Total   population,    1910?  Per   cent   increase? 

Rank? 

Wliite  population,   1910?  Per  cent  increase?     ^ 

Rank? 

Negro  population,  1910?  Per  cent  increase? 

Rank? 


10  Syllabus  of  Home;-County  Club  Studies 

Rural   population,    1910?  Per   cent   increase? 

Rank? 

Urban  population,   1910?  Per  cent  increase? 

Rank? 

2.  If  there  is  a  large  and  growing  city  in  the  county,  give  population 
figures,  per  cent  of  increase  and  rank  as  above. 

3.  Rural  population  to  the  square  mile?  Rank? 

4.  Subjects  for  theses  or  discussions:  Sparsity  of  Population — ef- 
fects upon  values,  upon  the  movement  of  populations,  public  en- 
terprises, organization  and  co-operation,  law  and  order,  schools 
and  churches.  The  Isolation  of  Farm-Life  in  America — contrasted 
with  other  countries ;  consequences.  Rapidly  Increasing  Popula- 
tions— causes?  efifects?  Decreasing  Populations — causes?  effects? 
"Growing  cities  like  standing  armies  tend  to  destroy  the  regions 
upon  which  they  subsist" — why?  instances  in  North  Carolina? 
"The  existence  and  future  prosperity  of  a  city  depend  upon  its 
being  the  center  of  a  well-developed  food-producing  region" — 
why?  instances?  The  Policy  of  Modern  City  Boards  of  Trade. 
North  Carolina's  Loss  of  Native-born  Population  by  Inter-State 
Migration — the  total  loss,  the  causes.  Is  the  Negro  Resisting  the 
Lure  of  City  Life  and  Sticking  to  the  Farm  Regions  better  than 
the  Whites  in  North  Carolina? — where?  why?  effects?  The  white 
population  of  North  Carolina  increased  18.7  per  cent  during  the 
last  census  period;  the  negroes,  only  11.7  per  cent — account  for  the 
difference.  The  Black  Majorities  in  North  Carolina — where? 
why?  Increasing  Negro  Majorities  in  North  Carolina — where? 
why?     Race   Segregation  by  Law. 

5.     Sources  of  information. 


IV.     COUNTRY  POPULATIONS 

Most  men  when  they  die  are  dead — dead  as  Dickens  said  Mr. 
Marley  was — "  dead  as  a  doornail!" 

Some  men  are  taller  when  they  lie  down  to  die  than  ivhen 
they  stood  up  alive. 

They  were  community-builders ;  not  always  in  things  material; 
but  always,  with  no  exception,  in  things  spiritual — zvhich  is  belter. 
— The  Home  and  Farmstead. 

Country  population : 

(i)     Total  poulation  of  the  county,  outside  of  towns  contain- 
ing 2,500  or  more  inhabitants? 

(2)  Total  population  in  tlie  smaller  towns  and  villages? 

(3)  Total  dwellers  in  the  open  country? 


University  of  North  Carolina 


11 


(4)     Farm 

population :      White 

Negro 

Total 

Total  land-owners- 

—White  1910 

Negro  1910 

Total 

White  1900 

Negro  1900 

Total 

Increase 

Increase 

Increase 

Increase  % 

Increase  % 

Increase  % 

3.  Farm  owners  who  tilled  the  lands  they  owned — White  1910 
Negro   1910  Total 

Farm  owners  who  tilled  the  lands  they  owned — White  1900 

Negro  1900  Total 

Increase  Increase  Increase 

Increase%  Increase%  Increased 

4.  Rank  of  the  county  in  ownership-farming? 

5.  Absentee-landlords — White  1910  Negro  1910 
Total. 

Total  acreage  owned? 

Prevailing   form  of   tenant  contracts?  Describe  brief- 

ly. 

6.  The  total  landless,  homeless  population  of  the  county  in  1910 — 
White.  Negro.  Total.  Is  it  in- 
creasing?                      Why? 

7.  Subjects  for  theses  or  discussions:  The  More  Rapid  Growth  of 
Urban  Populations — causes?  consequences?  Village  Problems. 
Advantages  and  Disadvantages  of  Country  Life.  Conditions  of 
Child  Labor  on  the  Farm  and  in  the  Factory.  The  Concentration 
of  Farm  Land  Ownership — instances?  causes?  consequences? 
Our  Unproductive  Farm  Areas — the  problem?  the  causes?  the 
remedies?  The  Rapid  Rise  in  Farm  Land  Values — causes?  con- 
sequences? remedies?  Farm  Tenancy — causes?  effects — econo- 
mic and  social?  Our  Increasing  Landless  Multitudes — causes? 
consequences?  remedies?  Why  the  Farm  Tenant  in  the  South? 
Our  Supply-Merchant  System.  The  Absentee-Landlord.  Tenancy 
Contracts — forms?  advantages  or  disadvantages?  effects?  sug- 
gestions. 

8.  Sources  of  information. 


12  Syllabus  of  Home-County  Club  Studies 


V.     WEALTH    STUDIES 

IVheu  prix:ate  wealth  is  rightly  related  to  community  weal,  when 
wealth  and  commonwealth  are  one,  increasing  progress  will  no 
longer  mean  increasing  poierty;  and  increasing  magnificence, 
increasing  misery.  The  tooth-and-claw  struggle  for  surviz'ol  and 
supremacy  in  modern  Christendom  is  a  shameful  denial  of  the 
mind   and   message   of   the   Master. — The   Home   and    Farmstead. 

1.  Total  taxable  wealth  of  the  county?  Increase  from  1900 
to  1910?                       Rank? 

(i)     Increase — Why  large  or  small? 

(2)  Per  capita  wealth   of  population    (based  on   1910  tax  di- 
gest )  ? 

(3)  Per  capita  annual  increase? 

2.  Total  farm  wealth  of  the  county  (based  on  the  1910  census)  ? 
Increase  during  last  census  period?  Rank? 

(1)  Increase — Why  large  or  small? 

(2)  Compare  total  farm  wealth  with  the  total  taxable  wealth 
of  the  county?  Conclusions? 

(3)  Per    capita    wealth    of    country    population? 

Rank?  Compare  with    (a)   the  average  for  the 

State,    (b)    the    United    States,    (c)    with    other   southern 
states? 

(4)  Why  large  or  small? 

(5)  Average  per-acre  tax  value  of  farm  land? 
Average  census   value  per  acre? 
Compare  the  two  values. 
Conclusions? 

(6)  Compare  this  ratio  with  similar  ratios  for  other  counties 
in  the  State.  Rank  of  the  county. 

3.  Farm  property,  igio  census : 

(i)     Approximate  area? 

Land    in    farms?  Increase    or    decrease    since 

iQoo?  Why? 

(2)  Improved  land  in  farms?  Increase  or  decrease 
since    1900?                         Why? 

(3)  Uncultivated  area?  Why  uncultivated? 
What  are  the  obstacles?  the  opportunities? 

(4)  Total  value  of  the  farm  buildings?  Average  per 
farm?                Comparisons?                    Why  large  or  small? 

(5)  Total  value  of  farm  implements  and  machinery? 
Per  cent  of  increase  during  census  period? 
Comparison?  Rank?  Why  high  or  low? 
Per-acre  investment  in   farm  implements? 
C()m|)arisons?                  Rank?  Why  high  or  low? 


University  ov  North  CARou^A  13 

(6)     Total  value  of  domestic  animals?     Per-acre  value? 

Con-xparisor.s?  Rank?  Why   high   or  low? 

Negro    property    ownership: 

(i)     Number  of  acres  owned  in  igoo?  In  igio? 

Increase   % ? 

(2)  Total  aggregate  wealth  in  1900?  In  1910? 

(3)  Per  capita  wealth  in  igoo?  In  igio? 

(4)  Conclusions? 

Farm   mortgage   indebtedness  : 

Farms  with  mortgage  debt,  igio,  White  %  Negro  % 

Total  Vo  Rank?  Significance? 

Subjects  for  theses  or  discussions:  Our  Per  Capita  Wealth:  a 
study  in  comparisons.  Are  Farm  Properties  Bearing  an  Un- 
reasonable Share  of  the  Tax  Burden?  The  Tax  Values  of  Farm 
Land  in  North  Carolina:  a  study  in  contrasts.  The  General  Prop- 
erty Tax — theory,  defects,  consequences.  The  Inequalities  and  In- 
iquities of  our  Tax  System.  New  Zealand's  Graduated  Land 
Tax.  Cash  Operating  Capital  in  our  Farm  Regions — the  facts,  the 
results.  Factors  in  the  Retention  of  Farm  Wealth:  the  conditions 
in  North  Carolina.  Farm  Mortgage-Indebtedness  in  North  Caro- 
lina: the  total  in  igio,  the  increase,  the  significance  of  it.  Home 
and  Farm  Ownership:  the  facts,  the  economic  and  social  efifects. 
Increasing  Property  Ownership  by  Negroes:  the  facts,  the  causes, 
the  consequences.  Elbow-Room  in  North  Carolina  for  Middle 
Western  Home-Seekers:  advantages  and  opportunities.  Labor- 
Saving  Farm  Machinery  in  the  South :  comparisons,  obstacles, 
increases.  Our  Investment  in  Domestic  Animals :  a  study  in  con- 
trasts. Our  Barn-Yard  Banks.  Our  Annual  Fertilizer  Bill:  the 
facts,  the  causes,  comparisons. 
Sources  of  information. 


VL     DOMESTIC  ANIMALS   ON   FARMS  AND  RANGES, 

1910  CENSUS 

"  Aud  Abel  was  a  keeper  of  sheep," — a  herdsman,  a  livestock 
farmer,  engaged  in  a  business  that  enriches  the  soil.  And  the 
Lord  had   respect   unto  Abel  and   his  offering. 

"  But  Cain  was  a  tiller  of  the  ground," — a  grower  of  crops 
merely,  engaged  in   a  business  that  impoverishes  the  soil. 

He  forgot  that  the  earth  is  the  Lord's,  and  the  fullness  thereof. 
He  was  robbing  God.  And  so,  unto  Cain  and  his  offering  He 
haa  not  respect. — The  Home  and  Farmstead. 

Cattle — number?  Increase    per    cent? 

Rank?  Number  per  looo  acres  of  area?  Rank? 


14 


Syllabus  of  Home-County  Club  Studies 


6. 

7. 
8. 

9- 

10. 

II. 


Dairy  Cows? 
per  inhabitant? 

Horses — number  ? 

Horse  colts? 

Mules — number? 

Mule  colts? 

Cultivated      acres 

cent? 

Hogs — number  ? 

Rank? 

Sheep — number  ? 

Rank? 

Poultry — number  ? 

Rank? 

Bee  swarms — number? 


Increase  per   cent?  Number 

Rank? 

Increase  per  cent? 
Increase  per  cent? 

Increase  per  cent? 
Increase  per  cent? 
per     work-animal?  Increase     per 

Rank? 

Increase  per  cent? 
Number  per  looo  acres  of  area? 
Increase  per  cent? 


Increase  per  cent? 

Increase  per  cent? 


In 


Dogs — number  ? 

Subjects  for  theses  or  discussions:  The  Beef-Cattle  Industry  in 
North  Carolina — opportunities.  Dairy  Cows  in  North  Carolina 
and  Wisconsin :  a  study  in  contrasts.  Horse  Power  on  Southern 
Farms.  Our  Ham  and  Bacon  Problem:  the  facts,  the  opportu- 
nities. Dairy  and  Poultry  Products  in  North  Carolina :  a  com- 
parison. 

1910,  we  had  in  North  Carolina  737.000  cattle  and  484,000  hogs  fewer 
than  in  1850.  During  this  period,  our  population  multiplied  two 
and  a  half  times  over;  but  our  hogs  decreased  26%  and  our  cattle 
46% — account  for  the  decrease. 

Dog  License-Tax  in  North   Carolina.     A  Dog  Muzzle  Law.     Our 
Disappearing  Sheep  Industry. 
Sources  of  information. 


VIL     ANIMAL  PRODUCTS,  1910  CENSUS 

Drawing  breath  in  the  South  and  drawing  rations  from  the 
West  makes  permanent  farm  prosperity  well  nigh  impossible,  no 
matter  how  large  our  tobacco  and  cotton  crops,  or  how  high  the 
market  prices. 

The  farmer  or  the  farm  community  with  barns  and  bins,  smokt- 
houses  and  cribs  full  of  home-raised  food  and  feed  stuffs,  is  in- 
variably  prosperous,  financially  trustworthy,  and  a  good  credit  risk. 
— The  Home  and   Farmstead. 

Domestic  animal?,  sold  or  slaughtered:   Calves? 
Other  cattle?  Swine?  Sheep  and  goats?      '        Poultry? 

(i)     Estimated  total  lbs.  of  meat  produced  (dressed  weights)? 


University  of  North  Carolina  15 

(2)  Total  lbs.  of  meat  needed  (counting  152  lbs.  per  inhabitant, 
per  year) ? 

(3)  Meat  surplus  or  deficit?  lbs. 
Rank? 

Milk — total  gal.  produced?  Production  per  inhabitant, 

per  day?  Comparisons? 

Butter — total  lbs.  produced?  Production  per  inhabitant, 

per    day?  Comparisons? 

(i)     Butter  needed  (counting  48  lbs.  per  inhabitant,  per  year)? 
lbs. 

(2)  Butter  deficit  or  surplus?  lbs.  Comparisons? 

Eggs — total  doz.  produced  ?  Production  per  inhabitant, 

per  week?  Comparisons? 

(3)  Eggs    needed    (counting    17  1-2    doz.    per    inhabitant,    per 
year) ? 

(2)     Egg  deficit  or  surplus?  doz. 

Comparisons  ? 
Value  of  live  stock  products : 
Dairy  products? 
Poultry  products? 
Honey  and  wax? 
Wool? 

Receipts  from  sale  of  slaughtered  animals? 
Value  of  animals  sold? 
Total?  Comparisons? 

Per  Capita  value  of  home-raised  meat? 
Estimated  total  cost  of  imported  meat? 

Animal  products — per  cent  of  total  farm  wealth  produced  in  1910? 
Compare  with  Wisconsin. 
Conclusions? 

Subjects  for  theses  or  discussions:  L,ive-Stock  Industries  in  North 
Carolina:  importance,  obstacles,  opportunities.  Our  M'eagre  Home- 
Raised  Meat  Supply :  the  facts,  the  penalties,  the  remedies.  Farm- 
Tenancy  and  lyive-Stock  Industries.  Animal  Products  in  our 
Cotton  and  Tobacco  Counties :  facts,  causes,  remedies.  Market- 
ing Crops  on  Four  Legs  Instead  of  Four  Wheels :  a  study  in 
contrasts.  Animal  Husbandry  and  Soil  Improvement.  Markets 
and  Live-Stock  Industries :  relations,  necessities.  Ham  and  Ba- 
con in  North  Carolina :  the  low  cost  of  production,  and  the  op- 
portunities. The  Parcels  Post  and  the  Farmer.  Full  Smoke- 
Houses  and  Permanent  Farm  Prosperity :  contrast  North  Caro- 
lina and  Iowa. 
Sources   of  information. 


16  Syllabus  of  Home-County  Club  Studies 


VIII.     THE  PRODUCTION  OF  CROP-WEALTH,  1910  CENSUS 

It  is  almost  as  true  today  as  it  was  a  century  ago  that  the 
average  nation's  industrial  welfare  depends  chiefly  upon  the 
raising  of  an  abunda^xt  crop  and  its  sale  at  fair  prices. — Thb 
Nation. 

1.  The  gross  total?  Average  per-acre  yield? 
Rank?                     Comparisons?  Conclusions? 

2.  What  per  cent  of  the  gross  total  is  produced  by  cotton  alone? 

By   tobacco   alone?  By  food   and    feed   crops 

alone? 

3.  The  per  capita  food-producing  power  of  the  county  (counting 
both  food  crops  and  animal  products)  ?  Rank? 

Comparisons?  Conclusions?  Does    the 

the  county  raise  a  sufficiency  of  food  and  feed  stuffs? 
Deficit?  $  Surplus?  $  Check  estimates  by  figures 

of  merchants  and  freight  agents. 
Base  estimates  upon  the  following  figures: 

(i)  The  average  cost  of  food  per  person  in  the  South  Atlantic 
States  is  around  $84  per  year. 

(2)  A  horse  needs  i  lb.  of  grain  and  i  lb.  of  forage  per  day 
for  eacn  hundredweight;  or  a  thousand  pound  horse  or 
mule  needs  around  65  bu.  of  corn,  (or  114  bu.  of  oats) 
and  14-5  tons  of  forage  per  year;  costing  say,  around 
$100  per  year. 

(3)  Count  the  cost  of  keep  of  other  domestic  animals,  as 
follows :  2  cattle,  6  hogs,  or  8  sheep,  or  150  poultry=i 
horse  or  mule. 

4.  To  which  type  of  farm  system  does  your  county,  as  a  whole, 
belong:  (i)  the  One-Crop,  Farm-Tenancy,  Supply-Merchant  Sys- 
tem; (2)  the  Many-Crop,  Ownership-Farming  System;  (3)  tiie 
Many-Crop,  Ownership-Farming,  Live-Stock  System?  Reasons 
for  classifying  your  county?    Advantges?    Defects  of  the  system? 

5.  Corn  production,  1910  census: 

Acreage?  Total     yield?  Average    per-acre 

yield?  Rank? 

Per  cent  of  gain  or  loss  in  acreage  since  1900? 
Percent  of  gain  or  loss  in  average  per-acre  yield  since  1900? 
Per  capita  production  of  corn,  1910  census? 
Estimated  corn  surplus  or  deficit  in  1910?  in  1913? 

Base  estimate  on  North  Carolina's  per  capita  corn  production  in 
1850  (34  bu.);  in  1910  (15  bu.)  ;  or  in  1913  (^4  bu.)  Population 
in   1910 — 2,2o6,oS7;  in   1913 — 2,327,421. 


University  of  North  Carolina  17 

6.  Wheat  production,  1910  census. 

Acreage?  Total    yield?  Average    per-acre 

yield?  Rank? 

Per  cent  of  gain  or  loss  in  acreage  since  1900? 
Per  cent  of  gain  or  loss  in  average  per-acre  yield  since  1900? 
Per  capita  production   of  wheat,    1910  census? 
Estimated  wheat  surplus  or  deficit? 
Base  estimate  on  6  bu.  of  grain  consumed  per  person  per  year. 

7.  Oats  production,  1910  census. 

Acreage?  Total    yield?  Average    per-acre 

yield  ?  Rank  ? 

Per  cent  of  gain  or  loss  in  acreage  since  1900? 
Per  cent  of  gain  or  loss  in  average  per-acre  yield  since  1900? 

8.  Hay  and  forage  production,  1910  census. 

Acreage?  Total    yield?  Average    per-acre 

yield?  Rank? 

Per  cent  gain  or  loss  in  acreage  since  1910? 
Per  cent  gain  or  loss  in  average  per-acre  yield  since  1910? 
Production  per  work-animal  per  day?  Rank? 

9.  Sweet  potatoes  and  yams,  1910  census. 

Acreage?  Total    yield?  Average    per-acre 

yield?  Rank? 

Per  cent  of  gain  or  loss  in  acreage  since  1900? 

Per  cent  gain  or  loss  in  average  per-acre  yield  since  1910? 
10.     In  the  same  way  treat  other  food  crops  if  locally  important :  truck 

crops,  sugar  cane  and  sorghum  cane,  orchard  fruits,  small  fruits, 

grapes,  ground-peas,  nuts,  etc. 
IJ,     Cotton  production,  1910  census. 

Acreage?  Total    yield?  Average    per-acre 

yield?  Rank? 

Per  cent  gain  or  loss  in  acreage  since  1910? 

Per  cent  gain  or  loss  in  average  per-acre  yield  since  1910? 

Total  annual  consumption  by  mills  within  the  county? 

12.  Tobacco  production,  1910  census. 

Acreage?  Total    yield?  Average    per-acre 

yield?  Rank? 

Per  cent  gain  or  loss  in  acreage  since  1900? 
Per  cent  gain  or  loss  in  average  per-acre  yield  since  1900? 
Total  annual  consumption  by  factories  within  the  county? 

13.  Themes  for  theses  or  discussions :  The-Buy-a-Bale  Movement. 
The  Government  Valorization  of  Cotton.  Per-Acre  Crop  Yields 
and  Per  Capita  Wealth  in  the  Farm  Regions  of  North  Carolina— 
a  study  in  contrasts.  Food-Producing  Power  and  Wealth-Retain- 
ing Power  in  the  Counties  of  North  Carolina.  The  One-Crop, 
Farm-Tenancy,   Supply-Merchant   System   of   Farming:    instances 


18  Syllabus  of  Home-County  Club  Studies 

in  North  Carolina,  economic  and  social  consequences.  The  Many- 
Crop,  Farm-Owner,  Live-Stock  System  of  Farming:  instances, 
consequences.     Signs  of  Progress  in  North  Carolina  Agriculture. 

In  1910,  the  average  acre  of  cotton  land  in  North  Carolina  produced 
$33.01  and  the  average  acre  of  tobacco  land,  $62.41.  The  grain- 
growing,  hay-and-forage  counties  of  Illinois  produced  from  $14.00 
to  $18.00  per  acre.  But  the  country  population  of  Illinois,  mati 
for  man,  is  worth  from  four  to  fifteen  times  as  mjch  as  the 
country  population  of  our  cotton  and  tobacco  counties.  Account 
for  their  greater  power  to  accumulate  farm  wealth. 

Hon.  Clark  Howell  says :  Our  one-crop  mania  is  economic  insanity 
give  reasons  for  agreement  or  disagro>-ment. 

14.     Sources  of  information. 


IX.     ORGANIZATION  AND  CO-OPERATION 

An  organised  community  can  be  what  it  wills  to  be.  An  un- 
organized community  is  in  a  state  of  decadence. — Bulletin, 
Illinois   Agricultural    College. 

Organised  effort  is  one  of  the  greatest  factors  in  Modern 
Civilisation;  whether  we  have  in  mind  educational,  social,  re- 
ligious, political,  or  industrial  activities. — John  Lee  Coulter. 

Personal  initiative  and  a  cultivated  co-operative  spirit  are  the 
very  core  of  this  matter. — The  Country  Life  Commission. 

Membership  in  one  body  is  a  fundamental  doctrine  of  religion. 
It  is  no  less  a  fundamental  doctrine  of  economics  and  sociology — 
and  the  church   must  lead  men  into  it. 

Getting  together  and  pulling  together  on  earth  is  a  preparation 
for    dwelling    together   in   Heaven. — The    Home   and    Farmstead. 

1.  Organizations    (cultural,   for  individual  benefit)  : 

Farmers'  clubs,  clubs  of  country  boys  and  girls,  organizations  for 
farmwives,  agricultural  fairs,  field  trials,  school  fairs,  Sunday 
school  associations,  county  ministerial  association,  debating  or 
declamation  societies,  library  clubs  and  reading  circles,  singing 
societies,  base  ball  clubs,  or  any  other  organization  designed  to 
stimulate  individual  effort. 

Catalogue  such  organizations  in  your  county,  giving  (i)  The  names 
and     (2)     the  addresses  of  leaders. 

Single  out  the  oldest,  largest,  and  most  successful;  state  briefly  the 
causes  of  strength,  popularity  and  perpetuity. 

Suggest  such  other  organizations  as  need  to  exist,  and  state  reasons 
therefor. 

2.  Co-operative  enterprises  (for  mutual  benefit)  :  Fraternal  orders, 
farmers'  unions,  and  other  organizations  for  co-operative  produc- 
tion, marketing,  buying,  credits,  etc. 

Catalogue  such  organizations  in  your  county,  giving  (i)  Names  and 
purposes,  and  (2)  the  addresses  of  designated  leaders  or  busi- 
ness managers. 


University  of  North  Carouna  19 

Single  out  one  conspicuous  success;  analyze  the  causes  of  success;  out- 
line achievements  and  prospects. 

Single  out  a  conspicuous  failure;  analyze  it,  and  state  briefly  the  causes 
of  failure. 

3.  Subjects  for  theses  or  discussions :  Farm  Organizations  in  Amer- 
ica :  an  historical  sketch.  Pedigreed  Seed  Clubs :  purposes,  achieve- 
ments. Pedigreed  Live-Stock  Clubs.  Fruit  Growers'  Clubs.  Boys' 
Pig  Clubs :  importance,  achievements.  Boys'  Corn  Club  Records. 
Girls'  Garden  and  Canning  Clubs :  importance,  results.  The  School 
Fair :  its  value,  instances.  Agricultural  Fairs :  successes,  failures, 
causes  of  failures,  remedies.  The  County  Ministerial  Association : 
purposes,  programs,  field  of  work.  Clubs  for  Country  Women : 
importance,  programs,  instances  of  success. 

The  Principles  of  Successful  Co-operation.  The  Regeneration  of  Ire- 
land. Denmark — the  Farmers'  State.  The  California  Fruit  Grow- 
ers' Exchange.  The  Eastern  Shore  of  Virginia  Produce  Exchange. 
The  East  Carolina  Truck  and  Fruit  Growers'  Association.  Co- 
operative Farmer  Enterprises  in  Catawba  County.  Farmers'  Mu- 
tual Insurance  Companies.  Farmers'  Mutual  Telephone  Compan- 
ies. Co-operative  Creameries  and  Butter  Factories.  Co-operative 
Warehouses  in  North  Carolina.  Co-operative  Grain  Elevators  in 
the  West.  Land  and  Loan  Associations  in  Ohio.  The  Landschaften 
in  Germany.    The  Raiflfeisen  Banks.    The  Land  Banks  of  France. 

4.  Sources  of  information. 


X.     RURAL  CREDITS 

The  first  step  toward  credit — ready,  abundant,  cash  loans,  at 
low  rates  of  interest,  and  comfortable  repayments — is  financial 
trustworthiness. — Henry  Wallace. 

The  second  step  lies  in  security — ample  collateral  readily  con- 
vertible into  cash  at  fair  prices. 

The   third,   a   sufficient   circulating   medium. 

Money  is  one  thing;  credit  another. 

Agencies  beyond  the  farmer  can  furnish  cheap  money;  the 
farmer  alone  can  establish  the  credit  he  needs. — The  Home  and 
Farmstead. 

The  business  done  by  the  Farmers'  Co-operative  Banks  of  Ger- 
many in  1910  totaled  six  billion,  six  hundred  and  ninety-one 
million  dollars. — John  E.  Lathrop,  Pearson's  Magazine,  Octo- 
ber,   1913. 

The  material  basis  of  farm  credit  in  the  county,  1910  census. 

Total    farm   property $ 

Total  crops  produced $ 

Total  animal  products $ 

Total  collateral $ 


20  Syllabus  of  Home-County  Club  Studies 

(i)     Total    credit    basis    estimated    at   25%    of    the 

collateral     $ 

Total  credit  secured  1910: 

Private  credit  (from  individual  money  lenders)  $ 

Book  credits  (open  accounts  in  stores) $ 

Bank    credits    $ 

Land-mortgage  credits    (to  outside  loan  agen- 
cies)       $ 

(2)     Total  credit  secured $ 

Compare  collateral  with  total  credits  obtained.  Con- 
clusions? Compare  book  with  bank  credits. 
Conclusions? 

2.    Farm  mortgage  indebtedness,  1910  census: 
(i)     Number  of  farms — 

Cultivated  by  owners:  White?  Negro? 

Total? 

Mortgaged:     White?  Negro? 

Total? 

Per  cent  mortgaged  White?  Negro? 

Total? 

(2)  Rank    of    the    county   based   upon    the    total    per    cent    of 
mortgaged  farms?  Why  high  or  low? 

(3)  Has    the    number   of   mortgaged    farms    increased    during 
census  period?  Why? 

(4)  Compare  with  the  average  for  North  Carolina,  1910  cen- 
sus, (18.5  per  cent).    Why  above  or  below  the  state  aver- 


age 


(5)  Total  value  of  mortgaged  lands  and  buildings? 
Total   mortgage   indebtedness   thereon? 

Per  cent  of   collateral?  Rank  in   North   Caro- 

lina? 

Why  high  or  low? 

Compare  with  the  average  for  North  Carolina,   (23.2%) 
Why  above  or  below  the  state  average? 

(6)  Increase    or    decrease    in    farm    mortgage    indebtedness, 
since  1900?  Significance? 

(7)  Increase    or    decrease    in    the    borrowing    value    of    farm 
land?  Significance? 

Per  capita  wealth  of  the  country  population  of  the  county  (based 
on  the  total  value  of  farm  properties,  1910  census)  ? 
(i)     Rank  in   North   Carolina?  Why  high  or  low? 

The  average  for  the  State  was  $322.    Why  above  or  be- 
low the  state  average? 


University  op  North  Carolina  21 

(2)     Consider  this  per  capita  wealth:  (i)     as  indicative  of  cir- 
culating cash,   (2)     as  a  basis  of  credit. 
Is  it  a  meagre  or  abundant  financial  basis? 

4.     Sources  of  loans  : 

(i)     Banks— Number    of    state    banks?  National 

banks?  Total  capital  stock?  Total 

bank   resources?  Number   of    farmers   owning 

stock?  Per  cent  of  the  total  stock-holders? 

Farmer  depositors?  Per  cent  of  the  total? 

Farmer  deposits?  Per  cent  of  the  total? 

Farmer  borrowers?  Per  cent  of  the  total? 

Total    amount    loaned    to    farmers?  Per    cent 

of  total  loans? 

(2)  Supply-merchants,   in   open   accounts: 

What  per  cent  of  the  year's  credit  business  is  with  farmers? 

What  per  cent  of  these  farmers  are  white  land-owners? 

Negro  land-owners?  What  per  cent  are  white 

tenants?  Negro  tenants? 

Average  usual  time  covered  by  book  accounts? 

The   kind   of   security   required? 

Secure  specimens  of  crop  and  chattel  liens? 

At  what  time  of  the  year  are  these  accounts  closed  up? 

The  total  loss   in  bad   accounts  The  per   cent 

of   the  year's  credit  business? 

(3)  Insurance  companies. 

Are  the  insurance  companies  lending  money  to  farmers  in 
your  county?  The  names  and  addresses  of  such 

companies?     Security    required?  Total   loaned 

to  date?  Rate  of  interest  charged? 

Commissions  charged?  Agents'  fees. 

(4)  Building  and  loan  associations. 

Number  and  names  of  such  associations  m  your  county? 
Are   they    lending   to    farmers?  Total    amount 

loaned  to  date?  Interest  charged? 

Commissions  charged? 

(5)  Are   there   any    farmers'   mutual   credit    societies    in   your 
county?  If  so,  give  a  full  account  of  them. 

(6)  Mortgage  loan   companies: 

Addresses  of  companies  doing  business  in  your  county? 
Addresses  of  their  local  agents?    Total  loans  to  date? 
Rate  of  interest  charged?  Commissions  charg- 

ed? Agents'    fees? 

5.     Purposes  of  loans  : 

(i)     Improvement  and  expansion— more  land,  more  and  better 


22  Syllabus  of  Home-County  Club  Studies 

tools,  implements,  labor  saving  machinery,  homes,  barns, 
live  stock  and  the  like? 

(2)  The  purchase  of  land  and  the  establishment  of  homes 
and  farms  by  persons  newly  entering  the  ranks  of  owner- 
ship. 

(3)  Operating  expenses — farm  supplies,  seeds,  fertilizers,  food 
and  feed  stuffs,  clothing  and  the  like. 

(4)  The  refunding  of  old  debts. 

(5)  Indulgence  or  investment — in  automobiles  and  the  like. 
Estimate    as    closely   as    possible    the    relative   importance 
of  these  five  purposes  of  credit  in  j'our  county. 

6.     Rates  of  interest  paid : 

(i)  The  average  difference  between  cash  and  time  prices  in 
supply-stores. 

(2)  Average  rates,  for  small,  short-time  personal  loans? 

(3)  Average   rates,    for   larger,    long-term   loans? 

Is  the  interest  paid  in  advance  annually?  Semi- 

annually ? 

(4)  Is  a  commission  charged  usually  for  making  the  loan? 
How  much? 

(5)  Does  the  agent  or  attorney  charge  for  securing  the  loan? 
How   much  ? 

(6)  Usual  charge  for  abstracting  titles  and  drawing  papers? 
What  are  the  usual  recording  fees? 

(7)  Study  and  report  upon  the  actual  yearly  rate  of  interest 
paid  upon : 

(a)  A  typical  store  account. 

(b)  A  typical  short-term  loan. 

(c)  A  typical  land-loan. 

Omit  all  names  and  count  in  all  expenses,  commissions 
and  fees  of  all  sorts,  along  with  the  rate  of  inter- 
est charged. 

6.  Subjects  for  theses  or  discussions:  Land  as  a  Basis  of  Credit. 
Cotton  as  a  Credit  Collateral.  The  Material  Basis  of  Farm  Credit 
in  the  South.  The  Relation  of  the  Tenant-Farmers,  the  Supply- 
Merchant,  and  the  Fertilizer  Manufacturer  to  Southern  Agricul- 
ture. 

In  1910,  only  18.5  per  cent  of  the  farms  of  North  Carolina  were 
mortgaged;  while  more  than  half  the  farms  of  Wisconsin,  Iowa 
and  Missouri  were  mortgaged — the  explanation,  tlie  significance? 

In  1913,  the  average  interest  rate  on  mortgage  loans  in  North  Caro- 
lina was  6.3  %.  In  Virginia,  West  Virginia,  and  Maryland,  it 
was    lower;    in    South    Carolina,    Georgia,   Florida,    and    all    the 


University  of  North  Carouna 


23 


other   Gulf   States  it   was   higher;    in   the   Rocky   Mountain,   and 
Pacific  Coast   States  it  was   far  higher— why? 

The  same  year,  the  average  interest  rate  on  short-term  loans  in  North 
Carolina  was  6.5%.  Outside  New  England  and  the  North  At- 
lantic States,  it  was  the  lowest  rate  in  the  United  States— why? 

In  1913,  eighteen  of  the  leading  insurance  companies  of  the  United 
States  had  a  farm  mortgage  business  amounting  to  $414,000,000. 
North  Carolina's  borrowings  from  these  sources  amounted  to  two- 
tenths  of  one  per  cent  of  this  total;  or  $828,000.  Kansas,  Ne- 
braska, Missouri  and  Iowa  farmers  secured  51.8%  of  it;  or 
$214,452,000 — account  for  the  difference. 

The   Amortization    Plan   of    Paying   Loans.     Land   Debenture   Bonds. 
The  Torrens  Land  Law— what,  why?    The  Land  Bank  Bills  now 
before  Congress. 
7.      Sources   of   information. 


XI.     MARKETS 


Farmers  will  produce  more  when  they  can  market  more  profit- 
ably, purchase  the  raw  materials  of  production  more  econom- 
ically, and  improve  their  credit  facilities.  All  these  things  call 
for  organisation. — T.  N.   Carver. 

Organized  industry  always  unloads  its  burden  on  the  un- 
organized.— George   W.    Russell. 

We  should  begin  now  to  prepare  for  market  facilities  at 
home  for  the  increased  production  of  food  and  feed  crops  made 
necessary  by  reduced  cotton  acreage.  Provisions  should  be  made 
for  ascertaining,  by  localities  and  counties,  just  how  heavily  we 
are  importing  northern  and  western  products. — N.  C.  Farmers' 
Union   Advisory   Council. 

I.     Surpluses  for  sale,  outside  the  county,  1910  census: 

(i)     Check    (  /)    the  items   raised   in  your   county   in  quantities 
beyond  the  need  of  consumption  within  the  county. 


Peaches  Peanuts  Sheep  on  hoof 

Plums  Other  nuts  Mutton 

Pears  Vegetables  Wool 

Cherries  Melons  Cattle  on  hoof 

Grapes  Flowers,  plants        Beef 

Figs  Milk  Hiogs  on  hoof 

Irish  potatoes  Cream  Fresh   pork. 

Sweet  potatoes  Butter  Hams,  bacon 

Sorghum  cane    Yams  Poultry  Firewood 

Cane   syrup        Nursery  products  Eggs  Posts,  poles 

Apples  Berries  Cohs  Naval   Stores 


Corn 

Oats 

Wheat 

Rye 

Hay,  Forage 

Cotton 

Tobacco 

Sugar  cane 


24  SYI.LABUS  OF  Home-County  Club  Studies 

(2)  If    the    list    is    incomplete    for    your    county,    write    in    the 

necessary  additional  items. 

(3)  In   determining  whether  or  not  your  county  needs  outside 

markets  for  surpluses,  consult  chapters  VII  and  VIII. 

(4)  For  instance,  the  food  and  feed  needed  by  man  and  beast 

in  Scotland  county  in  the  census  j'ear  was  around  $1,900,- 
000.  The  food  and  feed  produced  in  the  county  was 
around  $700,000. 

Here  is  a  market  problem  that  concerns  purchasing — some  $1,- 
200,000  of  food  and  feed  alone,  along  with  fertilizers,  farm 
tools  and  utensils,  work-animals  and  the  like.  It  is  the 
problem  of  car-load  lots,  with  discounts  for  cash. 

But  also,  there  is  the  market  problem  of  selling  to  the  best  ad- 
vantage some  two  million  dollars  worth  of  cotton — the 
problem  of  operating  capital,  warehousing,  minimum  in- 
surance rates  and  warehouse  charges,  holding  for  sat- 
isfactory prices,  if  necessary,  and  borrowing  advantag- 
eously upon  the  collateral. 

(5)  In  similar  way  analyze  the  buying  and  selling  problem  of 

your  county.  What  surpluses  has  the  county  for  sale? 
What  does   the  county  need  to   import? 

(6)  List  the  export  products  of  your  county  and  estimate  the 

annual  bulk  and  value  of  each  (1910  census).  The  total 
value  of  export  surpluses? 

(7)  What  arrangements,   conveniences,   facilities   and  conditions 

are  necessary  to  get  these  surpluses  into  the  regular 
channels  of  trade,  (i)  in  the  best  condition,  (2)  most 
promptly,  (3)  least  expensively,  and  (4)  most  profitably 
to  the  producer? 

(8)  Are  the  farmers  of  the  country  generally  interested  in 

a.  Expert  picking,   handling,   grading,   packing,   uniform 
standards    and    brands? 

b.  Expert  butchering,  curing,  trimming  and  sacking  meats, 
packer    style? 

c.  General  market  conditions,  the  Federal  Crop  reoorfs 
the  market  quotations  in  the  daily  papers? 

d.  Improved  public  highways? 

e.  Country  telephones? 

f.  Cross-country  electric  railways? 

g.  The  parcels  post? 

h.     Railway    facilities    and    rates,    shipments    in    car-load 

lots  and  the  like? 
i.     Co-operative  production  and  selling? 


University  of  North  Carolina  25 

(9)  To  what  extent  are  they  active  in  these  directions?  Give 
brief  account  in   detail. 

(10)  If  not  interested,  why  not?     Obstacles?     Signs  of  prog- 

ress?     Suggestions. 
Surpluses  without  markets,  or  with  no  markets  offering  satisfac- 
tory  prices. 

As  for  instance,  the  1914  apple  crop  in  North  Carolina.  It  is 
(estimated)  7,600,000  bushels,  or  more  than  two  and  a  half  times 
the  1913  crop.  August  prices  to  producers  in  the  United  States 
averaged  68c  per  bushel;  in  Oregon  78c;  Arkansas  and  Colorado 
80c;  in  North  Carolina  50c;  in  Western  North  Carolina  from  15c 
to  25c  for  the  orchard  run.     Why? 

(i)  Instances  in  your  county  of  farm  surpluses  wasted  or 
marketed  without  profits?  Causes?  Effects  on  producers 
and  farm  development?     Suggested  remedies? 

(2)  Is  there  a  city  board  of  trade  in  your  county?  Is  it  ac- 
tively engaged  in  helping  the  farmers  in  its  trade  terri- 
tory to  solve  their  market  problems?     In  what  way? 

(3)  Are  there: 

Canning    factories?  Cotton  warehouses? 

Evaporating  plants?  Peanut  warehouses? 

Preserve,  jam,  jelly,  or  Tobacco  warehouses? 

Pickling  factories?  Butchering  and 

Creameries?  Packing  plants? 

Butter  factories?  Refrigerating  plants? 

(4)  Are  these  enterprises  individual?  co-operative?  or  corpo- 
ration enterprises? 

(5)  Which  are  well  established  successes?  Analyze  causes  of 
successes. 

(6)  Which  are  new  enterprises?     Outlook? 

(7)  What  enterprises  of  this  sort  have  been  failures?    Analyze 

causes    of    failure. 

Local  city  markets. 

(1)  Is  there  a  free  public  market  in  your  county?  Or  in 
some  nearby  county?  How  long  is  the  average  haul  to  it?  Are 
the   roads   good?     The   disadvantages   of   bad    roads? 

(2)  Does    the    city    provide    hitching    grounds    or    sheds?      A 

rest-room  for  the  farmwives? 

(3)  Are  there  city  ordinances  against  the  house-to-house  ped- 

dling   of    farm    produce?      Why?      The    farmer's    objec- 
tions to  peddling? 

(4)  Does   the    city    market   enable   the    farmers    to    turn    into 


26  Syllabus  of  Home-County  Club  Studies 

instant  ready  cash  at  a  fair  profit  whatever  they  have  to 
sell? 

(5)  Does  it  lower  the  cost  to  consumers,  while  raising  the 
price   received  by  producers? 

(6)  Is  there  adequate  attention  to  sanitation? 

(7)  If  the  city  market  is  poorly  managed  (and  usually  it 
is),  what  are  the  defects?     Suggested  changes? 

4.  Markets  to  supply  deficits. 

(i)  Check  ( /)  the  items  that  are  imported  into  the  county: 
Corn,  meal,  wheat,  flour,  oats,  hay,  potatoes,  cane  syrup, 
cabbages,  onions,  peas,  lettuce,  butter,  canned  goods, 
poultry,  eggs,  horses  and  mules,  beef,  hams,  salt-pork 
sides,  seeds,  farm  machinery,  fertilizers  and  other  like 
items. 

(2)  List  the  items  and  closely  estimate  the  total  amount  of 
each  import  for  the  census  year  (1910)  and  check  up  the 
results  by  canvassing  the  supply-merchants  and  freight 
agents. 

(3)  What   is   the  gross    total? 

(4)  Do  the  farmers  generally  buy  these  supplies  on  time 
from  the  supply-stores?  If  so,  why  the  general  necessity 
for  book  accounts?  Compare  cash  with  credit  prices; 
conclusions? 

(5)  What  attempts  have  been  made  in  your  county  at  co-oper- 
ative purchasing  of  farm  supplies?  If  successful,  ana- 
lyze causes  of  success.  If  failures,  why?  Essentials  to 
success  in  co-operative  buying?  Obstacles?  Outlook  in 
your  county? 

5.  Subjects  for  theses  or  discussions:  The  Self-Sufficing  and  the 
Commercial  Farmer.  Can  the  Commercial  Farmer  Afford  to 
Buy  What  he  can  Raise?  Do  Surpluses  Create  Markets  or  do 
Miarket-Demands  Create  Surpluses?  Home-Raised  Food  and 
Feed  Stuffs  in  North  Carolina  Counties;  in  the  South.  Does 
the  Farmer  Get  a  Righteous  Share  of  the  Consumer's  Dollar? 
The  Middlemen :  Who  they  are  and  their  Functions.  The  Use- 
less Middleman:  Why  he  Exists,  and  How  Eliminated.  "It 
costs  more  to  market  a  crop  than  to  produce  it."  Why?  Getting 
Producers  and  Consumers  Together :  why  necessary,  difficulties, 
successes.  The  Farmer's  End  of  the  Market  Problem;  the  Con- 
sumer's End.  Well  Managed  Municipal  Markets :  value  to  farm- 
ers and  consumers;  instances  of  success.  Municipal  Packing  and 
Refrigerating  Plants:  obstacles,  successes,  failures.  Canning 
Factories:    conditions   of   success;    instances.      Co-operative    Pro- 


University  of  North  Carolina  27 

duction  and  Marketing  in  Minnesota.  The  Production  and  Dis- 
tribution of  Farm  Wealth:  relative  importance.  The  Proper 
Place  of  Government  in  the  Market  Problem.  Food-Production 
and  Wealth-Retention  in  North  Carolina  and  the  South.  The 
Wealth-Accumulating  Power  of  Food-Producing  Regions :  North 
Carolina  and  Iowa,  in  contrast.  North  Carolina  Products  for 
North  Carolina  People.  Importing  Food  and  Feed  Stuffs  mto 
North  Carolina;  an  exhibit  by  counties? 
Sources  of  information. 


XII.  IMPROVED  PUBLIC  HIGHWAYS.  RAILWAY  FACILITIES 

Improved  public  roads  are  directly  related  to  better  country 
homes  and  schools,  to  the  reach  and  influence  of  country 
churches,  to  the  timely  marketing  of  farm  products,  and  to  the 
business  of  market  centers.  They  are  the  arteries  of  organised 
community   life.—THt  Home  and   Farmstead. 

A  good  sand-clay  road  is  not  made  of  sand  and  clay,  but  of 
sand  clay,  and  sense,  thoroughly  mixed  in  right  proportions. 
The' commonest   need   in   road    building   is   not   more   money    but 

more  sense. 

The  lack  of  it  cost  the  United  States  $185,000,000  last  year. 
A  king's  ransom  wasted  by  incompetence,  in  the  building  of  new 
roads,  in  the  patching  of  poor  roads,  and  in  the  neglect  of  good 
roads!— TnZ    Home    and    Farmstead. 

1.  How  many  miles  of  public  roads  in  the  county? 

How  many  miles  are  improved,  graded  or  surfaced? 

Per  cent  of  the  total?  Rank  of  the  county? 

How  many  miles  are  graded  only?  How  many  miles 

are  graded  and  surfaced  with  sand-clay  or  top-soil? 

With  macadam  or  gravel? 

2.  Is  the  road  building  of  the  county  done  under  the  direction  of  an 
expert  road  engineer?  His  address? 

Is  the  work  done  by  the   county  chain-gang?  Ur   by 

hired  labor?  Is  the  work  let  out  to  private  con- 

tractors ? 

3.  Revenues    for    roads,    1913: 

Raised   by    direct    tax    levy?  Levied   by    county    or 

township?  Rate? 

Raised  from  the  poll  tax?  Rate  per  poll? 

Total? 

4.  Total  bond  issue,  to  date,  for  good  roads? 

5.  Expenditures  for  roads  and  bridges,  1913 : 

Upon  improved  public  highways?  Mbles  built? 

Material  used  for  surfacing?  Cost? 


28  Syllabus  of  Home-County  Club  Studies 

Patching  and  repairing  old  roads  Cost? 

Steel  bridges:  number?  Cost? 

Concrete  bridges:  number?  Cost? 

Wooden  bridges:  number?  Cost? 

Culverts,   drains:   number?  Cost? 
Material  used? 

6.  The  county  chain  gang,  1913;  if  employed  by  the  county  in  road 
building: 

Average   number   of   convicts   employed? 
Average  number  of  mules  employed? 
Total  amount  invested  in  road  machinery? 
Average  cost  of  convict  per  day? 
Average  cost  of  feed  per  mule  per  day? 
Total  cost  of  the  chain  gang  for  the  year? 

7.  If  the  county  leases  the  convicts: 

To  what  other  county? 

Total  number  so  leased  in  1913? 

Upon  what  terms?  Price  per  able  bodied  convict  per 

day  or  month  ? 
Total  received  for  convicts  leased  in  1913? 

8.  Railway  facilities : 

List  the  railways  touching  or  traversing  the  county. 

Total  miles  of  trackage  within  the  county? 

Are  there  cross-country  electric  railway  lines? 

How  many  miles  of  track  within  the  county? 

The  usual  market  to  which  farm  produce  is  freighted? 

The   usual  center   from  which   farm   supplies   are  shipped   into 

the   county? 
The  nearest  stock-yards  or  packing-plant  center  for  live  stock 

sales? 
Do   the   facilities    for  handling   live-stock   encourage   live-stock 

industries  in  the  county? 
Are   the   facilities   for  handling  perishable  produce   ample   and 

satisfactory? 
What  railway  companies  are  advertising  your  county  or  section? 
How?  Results? 

What  railway  companies  are  active  in  developing  your  county 

or  section?  In  what  way?  Result? 

9.  "Subjects  for  theses  or  discussions:     Improved  Public  Highways: 

economic  and  social  values.  Public  Road  Engineers:  a  National 
necessity.  Engineering  Problems  in  Highway  Building.  Human  Na- 
ture Problems  in  Highway  Building.  Wasting  Road  Revenues, 
Road-Building  Materials  in  North  Carolina.  The  Sand-Clay  or  Top- 
Soil  Road  and  the  Macadam  Road.     The  King  Drag.     Systematic 


University  of  North  Carolina  29 

Road  Inspection  and  Repair.  A  State  Highway  Commission: 
necessity,  functions.  A  State  Highway  Fund:  reasons  for  or 
against.  A  Federal  Highway  Fund :  reasons  for  or  against. 
The  Use  of  State  Convicts  in  Public  Road  Building:  reasons 
for  or  against.  A  Bond  Issue  for  Good  Roads :  reasons  for  or 
against.  Good  Roads  in  North  Carolina;  a  study  in  contrasts. 
The  Lack  of  Railway  Facilities:  economic  and  social  results? 
The  Railroad's  Share  of  the  Consumer's  Dollar.  The  Relative 
Importance  of  Facilities  and  Rates.  The  Relative  Importance 
of    Railways    and    Improved    Public    Highways. 

ID.     Sources  of  information. 


XIII.     SCHOOL  STUDIES 

The  ignorant  pearl  diver  does  not  wear  the  pearl  he  wins; 
the  diamond  digger  is  not  ornamented  by  the  jewel  he  finds; 
the  ignorant  toiler  in  the  most  luxuriant  soil  is  not  filled  with 
the    harvest   he   gathers. 

The  choicest  productions  of  the  world,  whether  mineral  or 
vegetable,  wherever  found  or  wherever  gathered,  will  inevitably 
by  some  secret  and  resistless  attraction  make  their  way  into  the 
hands  of  the  most  intelligent. 

Let  whoever  will  sow  the  seed  or  gather  the  fruit,  intelligence 
consumes   the    banquet. — Horace    Mann. 

Native  white  illiterates,  ten  years  old  and  over,  in  the  towns  and 
cities  of  North  Carolina  in  1910,  were  4.5  per  cent;  in  the 
rural    regions,    13.5    per    cent. — 1910    Census. 

Lo,  the  House  of  Learning  is  a  mighty  country-life  defense! — 
The  Home  and  Farmstead. 

Illiteracy  of  persons  lo  years  old  or  over,  1900  and  1910  census: 
(i)     Native  whites :  1900,  number?  Percent? 

Native  whites:  1910,  number?  Per  cent? 

Increase  or  decrease? 

Rank   of   the   county   in   white   illiteracy?  Gain 

or  loss? 
(2)     Negroes:  1900,  number?  Per  cent? 

Negroes:  1910,  number?  Per  cent? 

Increase  or  decrease? 

Rank  of  the  county  in  negro  illiteracy?  Gain 

or  loss? 

School  support : 

(i)     Total  received  from  all  sources,  1902-03? 
(2)     Total   received    from   all  sources,    1912-13? 


30  Syllabus  of  Home-County  Club  Studies 

(3)  Average  per  child  of  school  age  per  day? 

Rank?  Why  above  or  below  the  State  av- 

erage ? 

(4)  Received  from  the  State,  1912-13?  Per  cent 
of  the  total  county  school  fund?  Rank  of  the 
county  in  this  particular? 

(5)  Total  raised  by  school  tax  levies  within  the  county,  1912- 
13?  Per  cent  of  the  total  taxable  property? 
Rank? 

(6)  Total  received  from  the  State  Equalizing  Fund? 
Rank?  Compare   with   the    rank   of   the 
county  in  per  capita  wealth.  Conclusions? 

(7)  Total  spent  for  buildings  and  supplies,  1912-13:  Rural 
Schools?  Town  schools?  Compari- 
sons?                       Conclusions? 

(8)  Total  spent  for  school  libraries,  1912-13:     Rural  schools? 

Town  schools?  Comparisons? 

Conclusions? 

3.     School  attendance  1912-13  : 

(i)     White  school  population?  Enrollment? 

Per  cent  of  the  school  population? 
Rank  of  the  county  in  this  particular? 

Why  above  or  below  the  State  average? 
White  average  daily  attendance? 
Per  cent  of   the   enrollment? 
Rank  of  the  county? 
Why  above  or  below  the  State  average? 

(2)  Total  white  school  population,  town?  Country? 

Enrollment,  town  ?  Country  ? 

Per  cent  enrolled,  town?  Country? 

In  daily  attendance,  town?  Country? 

Per  cent  of  enrollment,  town?         Country? 
Do  the  white  children  in  towns  attend  school  better  than 
in  the  country?  If  so,  why? 

(3)  Negro  school  population?  Enrollment? 

Per  cent  of  the  school  population? 

Compare  with  white  enrollment  per  cent? 

Conclusions? 
Negro  average  daily  attendance? 
Per   cent   of    the  total    enrollment? 
Compare  with  the  white  attendance  per  cent? 
Conclusions  ? 


University  of  North  Carolina  31 

(4)     Total  Negro  school  population,  town?  Country? 

Enrollment,  town?  Country? 

Per  cent  enrolled,  town?  Country? 

In  daily  attendance,  town?  Country? 

Per  cent  of  enrollment,  town?         Country? 
Do  the  negro  children  attend  school  better  in  the  towns, 
where  school  terms  are  longer  and  opportunities  greater, 
than  in  the  country?     Why  or  why  not? 
What  are  the  facts  in  the  Northern  and  Western  cities? 

4.  Teachers'  salaries,  average  per  year,  1912-13: 

(i)     Whites,  in  town?  In  the  country? 

Effect  of  lower  salaries  in  country  districts? 
Rank  of  the  county  in  average  town  salaries? 
Country  salaries? 

Are  these  averages  above  or  below  the  State  averages? 
Why? 
Per  cent  gain  in  average  salaries  since  1902-03? 

5.  School  facilities  and  conditions : 

(i)     Average  term  in  days,  1912-13?  In  1902-03? 

White  schools,  in  town?  In  the  country? 
Why  the  difference? 

Negro  schools  in  town?  In  the  country? 

(2)  Total  invested  in  school  property,  1912-13 : 

White  schools,  in  town?  Average  per  child  of 

school  age? 

White  schools,  in  the  country?  Average  per 

child  of  school  age? 

Are  these  averages  above  or  below  the  State  averages? 

Why? 

Negro  schools,  in  town  ?  Average  per  child  of 

school    age  ? 

Negro  schools,  in  the  country?  Average  per 

child   of   school    age? 

Are  these  averages  above  or  below  State  averages? 

Per  cent  gain  in  total  school  property  since  1902-03? 

(3)  Number  of  school  districts,  1912-13 : 

White?  Colored? 

Districts   with   log  school  houses : 

White?  Colored? 

Compare  with  other  counties?  Conclusions? 

Decrease  since  1902-03 : 

White?  Colored? 


32  Syllabus  op  Home-County  Club  Studies 

Districts  without  school  houses : 

White?  Colored? 

Compare  with  other  counties?  Conclusions? 

Decrease  since  1902-03 : 

White?  Colored? 

Rural  schools,  having  two  or  more  teachers : 

White?  Colored"? 

Per  cent  of  the  total, 

White?  Colored? 

Rank  of  the  county,  only  white  schools  considered? 
Why  above  or  below  the  State  average? 

(4)  Rural  school  houses,  1912-13: 

With    patent    desks,    White?  Per    cent    of 

white  schools?  Rank? 

With    patent    desks,     Negro?  Per    cent    of 

Negro  schools?  Rank? 

With    benches.    White?  Per    cent    of    white 

schools?  Rank? 

With   benches,    Negro?  Per   cent   of    Negro 

schools?  Rank? 

New  houses  built  for  whites:   number?  Total 

cost?  Rank? 

New  houses  built  for  negroes:  number?  Total 

cost?  Rank? 

Compare  the  average  cost  of  new  rural  school  houses 

with   State  averages.     Why  above  or  below  the   State 

average  ? 

(5)  Scholarship  and  training  of  teachers,   1912-13: 

White  teachers,  total  number?  Per  cent  holding 

first  grade  certificates?  Per  cent  having  normal 

training?  Per  cent  holding  college  diplomas? 

Are  these  per  cents  above  or  below  the  State  averages? 
Why? 

(6)  What  per  cent  of  the  white  teachers  of  the  county  were 
born  or  reared  in  other  counties?  In  other 
States?                      Mainly,  in  what  other  States? 

(7)  What  per  cent  of  the  white  teachers  in  the  county  are 
this  year  teaching  the  same  school  the  second  year? 

the  third  year?  longer  terms? 

6.     Indications  of  progress: 

(i)  Review  carefully  the  facts,  comparisons,  and  conclusions, 
noted  in  the  school  studies  above,  and  assemble  in  com- 
pact paragraphs  (i)  the  gains  the  county  has  made  since 


University  of  North  Carolina  33 

1902-03,  when  compared  with  itself  or  with  other  coun- 
ties in  the  State  and  (2)  note  frankly  the  losses,  absolute 
or  relative. 
(2)  Single  out,  for  appropriate  treatment,  successes,  if  any 
in  (i)  the  consolidation  of  schools  and  the  transporta- 
tion of  children,  (2)  the  employment  of  school  supervi- 
sors, or  special  department  teachers,  (3)  the  erection  of 
handsome  school  buildings,  (4)  the  establishment  of  coun- 
try-life schools,  (5)  the  adoption  of  a  county-unit  system, 
(6)  school  fairs,  (7)  school  debates  and  athletic  events, 
(8)  schools  that  are  centers  of  organized  community 
life,  (9)  school  clubs,  and  (10)  school  gardens  or  farms. 
Or  successes  of  any  other  sort. 

Also  (i)  noble,  noteworthy  teachers  or  institutions  of 
former  days,  (2)  successful  private  schools,  and  (3) 
schools  of  college  rank  located  in  the  county. 

Rural  high  schools   (white)  :  1907-08  1912-13 

(i)     Offering    four-year    courses?  Gain  % 

Three-year  courses?  Gain  7o 

Two-year    courses?  Gam  '7c 

Total  Gain  7o 

Rank  in  the  number  of  such  high  schools  in  1912-13. 

(2)  Rural  high  school  teachers,  1907-08?  1912-13? 
Gain  % 

Total  high  school  pupils,  1907-08?  1912-13? 

Gain  % 

Average  term,  1907-08?  1912-13? 

Gain  % 

(3)  Rural  high  school  income:  total  1907-08? 

1912-13?  Gain  7o 

From  State  funds?  1907-08?  1912-13? 

Per  cent  of  total?  Per  cent  of  total? 

From  county  and  local  tax  funds?  1907-08? 

1912-13? 

Per  cent  of  total?  Per  cent  of  total? 

(4)  Number  of  high  school  graduates  now  attending  colleges? 

(5)  Treat  briefly  rural  high  school  progress  in  the  county 
during  the  five-year  period.  Is  the  country  keeping  pace 
with  the  towns  in  your  county  in  high  school  develop- 
ment? If  not,  why  not? 

Subjects  for  theses  or  discussion  :     Is  Education  a  Deterrent  of 
Crime?     Intelligence  and  the   Production  of  Wealth.     The   Dif- 


34  Syllabus  of  Home-County  Club  Studies 

fusion  of  Intelligence  and  the  Retention  of  Wealth?  Intelligence 
and  Democracy.  Intelligence  and  Co-operative  Farm  Enterprise. 
The  Florida  Plan  of  County-Unit  School  Systems.  Inferior  Coun- 
try Schools  and  the  Drift  Cityward.  Illiteracy  among  native 
whites  in  North  Carolina  in  the  country  averages  three  times  the 
illiteracy  rate 'in  the  towns  and  cities — why?  Is  the  Negro  Losing 
Faith  in  Spelling  Books  and  Graining  Faith  in  Bank  Books; 
the  facts,  the  causes,  the  outlook?  The  Teacher's  Salary;  a 
s'tudy  in  contrasts.  The  Effect  of  Lower  Salaries  in  the  Country 
Schools.  The  Country  School  of  Permanent  Influence;  necessary 
conditions  of  success.  The  Broken  School-Term  in  North  Caro- 
lina; the  effects.  Our  Grasshopper  Plague  of  Public  School 
Teachers.  Frequent  Changes  of  Teachers;  causes,  consequences. 
The  Socialized  Country  School;  meaning,  obstacles,  successes. 
The  John  Swaney  Country  School,  Illinois.  The  School,  a  Cen- 
ter of  Community-Life.  The  School  Fair  in  Virginia.  An  Argu- 
ment in  Favor  of  a  Local  School  Tax;  in  favor  of  Consolidated 
Country  Schools.  The  Public  High  School — the  People's  College. 
The  Page  County,  Iowa,  Country  Schools.  School  Improvement 
Clubs  in  North  Carolina ;  purposes,  achievements.  Training  Teach- 
ers for  Country  Schools.  The  Danish  Folk  Schools.  The  Coun- 
ty School  Superintendent;  an  Educational  Leader,  The  West  Vir- 
ginia Plan  of  County  Supervision.  The  Waste  of  Public  Money 
in  Non-Attendance.  The  Wonderful  High  School  Development  in 
North  Carolina. 
0.     Sources  of  information. 


XIV.     PUBLIC  HEALTH  AND  SANITATION 

Give  me  health  and  a  day  and  I  will  make  the  pomp  of  emper- 
ors   ridiculous. — Emerson. 

There  are  16,000  preventable  or  postponable  deaths  in  North 
Carolina  every  year!     One  every  half  hour,  day  and  nightl 

Six  thousand  deaths  from  tuberculosis  alonet  And  babies — 
3,000  of  them  die  every  summer;  a  third  or  more  of  them  killed 
by  fly-carried  diseases. — Figures  from  N.  C.  Health  Bulletins. 

The  highest  percentage  of  insanity  in  the  United  States  is 
among  farmers'  wives — due  chiefly  to  overwork,  ovcrworry, 
and  the  lack  of  proper  amusements  and  recreation. — Henry  N. 
OcDEN,   in   Rural  Hygiene. 

I.  Indicate  the  ways  in  which  your  County  Health  Board  and 
Health  officer  are  actively  campaigning  against  preventable  di- 
seases— malaria,  typhoid,  tuberculosis,  small-pox,  and  the  like. 

List    fully   the    forms   of   their   activity — say,   educative  articles 
in  the  county  paper,  addresses  on  public  health  and  sanitation, 


University  of  North  Carolina  35 

fchool  children,  health  rallies,  clean-up  events,  and  so  on. 

If  active,  give  the  addresses  of  the  leaders. 

If  inactive,  why?  . 

What  attention  has  been  given  in  your  county  to  samtary  toilets 

■"'Arrdairies  and  milk  depots,  butcher  pens  and  shops,  baker- 
ies   restaurants,  hotel  kitehens  and  the  like  inspected  competent- 

'"r  thfrtons  ofthTLIe^tor  published  in  the  cit.  or  count. 

"Trf  there  la.s  or  ordinances  covering  the  -fe  of  impure  or 
adulterated  foods,  feeds,  and  drugs  m  your  county?  Enacted  by 
what  body?  Are  they  enforced?  If  not,  why? 
Commonly,  the  old-time  Health  Officer  has  attended  the  char.y 
on^  tViP  ^irk  in  the  poorhouse,  jail,  and  chain  gang,  ne 
"rk'eharte  of  I^allpox,  and  similar  epidemics,  enforced  ,uaran- 

"Tf  hetltln's'e  Tcti:"- in  your  county,  indicate  the  ways,  in 
deuil     WhtThis  salary?    What  were  the  total  expend.tures 
of  the  Countv  Health  Board  for  the  last  year' 
If  the  old-time  system  can  be  improved,  suggest  the  ways 
,     The  Hookworm  campaign  in  your  county:  activities,  results. 
Is  there  a  City  Health  Board  and  Health  OK- jn  your  county. 
If  so  report  their  activities  as  per  the  above  outline. 

Ss  L-di::;:^, "ty.  °Make  collateral  -dy  of  the  sa  itary 
campaigns  in  Nash,  Columbus,  Robeson  and  Sampson  coun.es. 
r.    Are  the  churches  and  minis.e,;s  of  your  -^'''J^"*  ™^f  4'; 
ed  in  community  health  condifons  and  problems?    Indicate 
most  active,  and  give  an  account  of  thetr  actmttes. 

8  Is  there  a  County  Medical  Assocation?  Is  it  alert  and  "gorous^ 
If  pJSble  secure  the  programs  for  a  half-dozen  or  so  of  the 
meetings. 


36  Syllabus  of  Home-County  Club  Studies 

Is   the  subject   of   Preventable   Diseases   and  Public  Sanitation 
prominent  in   these  programs?     Conclusions? 

9.     Consult   the   registrars   of   vital   statistics   and  secure  answers   to 
the  following  questions  for  the  year  ending  July  i,  1914: 
(i)     Total  births?  Birth  rate? 

Total  illegitimate  births?  Per  cent  of  the 

total? 

(2)  Total  deaths?  Death  rate? 
Number  of  deaths   from  preventable  diseases? 
Per    cent    of    the    total? 

(3)  Total  deaths  of  children,  under  5  years  of  age? 
Per    cent    of    the   total? 

(4)  Compare  the  birth  rates  of  whites  and  negroes? 
Conclusions? 

(5)  Compare  the  town  and  the  country  birth  rates? 

Conclusions? 

(6)  Compare  the  death  rates  of  whites  and  negroes;  also 
of   town    and    country    dwellers.  Conclusions? 

(7)  Arrange  the  causes  of  death  in  the  order  of  numerical 
importance.     Which  of  them  are  preventable? 

(8)  What  is  the  per  cent  of  natural  increase  (excess  of  births 
over  deaths)  in  your  county?  Compare  with 
the  1910  census  figures,  showing  the  population  increase 
of  the  county  from  1909  to  1910?  Conclusions? 

(9)  The  rank  of  the  county  in  birth  rate?  In 
death  rate? 

Are  these  averages  above  or  below  the  State  averages? 
Why? 
Note :  Our  new  vital  statistics  law  went  into  effect  July 
I,  1913.  It  will  take  several  years  to  put  it  into  general 
and  reasonably  successful  operation.  Meanwhile  the  re- 
cords and  reports  will  enable  students  to  do  barely  more 
than  guess  at  the  facts  of  birth  and  death  in  the  State; 
or  so,  such  laws  in  other  states  considered. 
(1)     The  number  of  physicians  in  your  county: 

White?  Negro?  Total? 

How  many  belong  to  any  medical  association  whatsoever? 

The  number  of  midwivcs:  White?  Negro? 

Total? 

The  number  of  undertakers:   White?  Negro? 

Total? 


University  of  North  Carolina  37 

Subjects  for  these  or  discussions:  The  New  Science  of  Preven- 
tative Medicine.  The  Miracle  of  Modern  Sanitation.  Public 
Health  and  Sanitation.  Disease  Carriers — Human  and  Animal. 
Needless  Deaths  in  North  Carolina.  The  North  Carolina  State 
Health  Board,  and  its  Work.  Louisiana's  Clean-up  Campaign. 
Sanitary  Food  Supplies;  competent,  thorough  inspection,  and 
public  reports.  The  Whole-Time  County  Health  Officer.  The 
Community  Sanitary  Campaigns  in  Nash,  Sampson,  Robeson  and 
Columbus  Counties.  The  Hookworm  Campaign  in  North  Caro- 
lina. The  Alamance  Hookworm  Campaign.  Our  New  Vital 
Statistics   Law. 

The  Public  School  and  its  Relation  to  Public  Health.  Things 
that  Every  Teacher  Ought  to  Know  about  the  Physical  Well- 
being  of  children.  The  Teacher-Citizen-Patriot.  The  Medical 
Inspection  of  School  Children,  School  houses,  and  School  grounds. 
Dr.  Washburn's   Score-Card.     McNider's   School   Health-Clubs. 

The  English  call  our  civilization,  A  Patent  Medicine  Civiliza- 
tion— is  it  so?  Recreation  and  Health.  Overwork  and  Worry. 
The  Social  Diseases ;  prevalence  and  social  consequences.  The 
Black  Plague  and  the  White  Plague;  a  study  in  contrasts.  The 
Commonest  Cause  of  Blindness  in  Children.  Midwives;  regis- 
tration, regulation. 

The  Church  in  its  Relation  to  Community  Health  Problems. 
The  Priest,  the  Levite,  and  the  Good  Samarian.  The  Preacher- 
Citizen-Patriot. 

The  Negro :  a  Study  in  Community  Health  and  Social  Hy- 
giene. 

Things  about  which  everybody  needs  intelligent  information : 
(i)  Emergencies — the  things  to  do  at  once;  (2)  The  Common 
Contagious  or  Infectious  Diseases — their  germination  periods, 
stages  of  infection,  isolation  requirements;  (3)  Consumption — 
extent,  causes  of  infection,  the  tragedy  of  quacks  and  nostrums ; 
(4)  Typhoid — causes,  vaccination;  Diphtheria,  Lockjaw,  Menin- 
gitis, Hydrophobia,  and  Modern  Serum  Treatments;  (5)  Con- 
sumption and  Cancer — Patent  Medicines  and  Quack  Doctors; 
(6)  Alcohol — its  Economic  and  Social  Effects. 
Sources  of  information. 


38  Syllabus  of  Home-County  Club  Studies 


XV.     CHURCH  AND  SUNDAY  SCHOOL  PROBLEMS 

Nearly  seven-eights  of  all  our  people  are  country  dwellers. 
If  served  and  saved,  they  miist  be  served  and  saved  by  the  country 
church. 

The  country  church  is  not  a  phase  of  church  work — not  merely 
a  home  tnission  matter;  it  is  nearly  nine-tenths  of  our  entire 
church  problem  in  North  Carolina. 

The  city  is  the  final  challenge  to  Christianity;  but  the  country 
church  is  the  recruiting  station  for  the  warfare. — The  Farm  and 
Homestead. 

The  life  and  well-being  of  the  church  in  the  city  depends  upon 
the  life  and  well-being  of  the  church  in  the  countryside. 

The  cities  cannot  be  relied  on  to  furnish  the  Christian  leaders 
of  the  future. — John  R.  Mott. 

Five-sixths  of  the  ministers  and  six-sevenths  of  the  college  pro- 
fessors of  America  were  born  and  reared  in  the  country. — J.  O. 

ASHENHURST. 

In  most  cases  the  country  church  is  gradually,  and  in  some 
cases  swiftly,   losing  ground. — Warren    H.   Wilson. 

Over  three  million  white  children  in  the  South  are  outside  the 
Sunday    Schools. — R.    E.    Magill. 

Submit  this  outline  of  Church  and  Sunday  School  studies  to  the 
ministers  of  your  county.  They  will  be  able  to  suggest  wise 
amendments,  and  the  addition  or  omission  of  certain  inquiries. 
The  final  summaries  cover  only  gross  totals,  without  any  re- 
ference whatsoever  to  individual  ministers,  churches,  or  deno- 
minations. The  simple,  single,  sole  purpose  of  these  studies  is 
to  ascertain  the  exact  status  of  the  country  church — the  abun- 
dant harvest  fields  around  every  church  center,  the  fewness  of 
the  laborers,  and  our  responsibilities  to  the  Lord  of  the  Harvest. 
The  ministers  of  your  county  can  well  aflford  to  know  as  much 
about  the  people  they  serve,  as  the  competent,  devoted  doctor 
seeks  to  know  about  the  patient  he  waits  upon.  When  they  un- 
derstand your  purpose,  they  will  help  you  with  counsel  and  advice; 
in  many  instances  they  will  undertake  this  church  survey  them- 
selves. 

Upon  a  county  map,  mark  the  location  of  all  churches,  town 
and  country,  (i)  Mark  white  and  negro  churches  diflferently. 
(2)  Catalogue  the  churches,  giving  the  name  of  the  minister  serv- 
ing each,  and  his  home  post  office.  A  catalogue  for  each  race, 
(i)     The   number   of   churches:    White?  Negro? 

Total? 

(2)  Churches   located  in   villages,   towns,  cities — number?     In 
the  country? 

(3)  Congregations  having  no  church  building — number? 

(4)  Churches  without  pastors — number? 


University  of  North  Carolina  39 

(5)  Churches  that  are  mission  charges — number? 

(6)  Churches  that  have  gone  out  of  existence  within  the  last 
twenty-five  years?  Give  names,  if  possible. 

Church  studies. 

Secure  the  following  information  about  each  church : 
(i)     Name?       Location?       County?       Race? 

(2)  How  old?  Does  the  church  own  a  building? 

(3)  Is  it  a  village,  town,  or  city  church?    or  a  country  church? 

(4)  Pastor's  name?  Home  P.  O.?  County? 

(5)  Does  the  church  own  a  home  for  the  pastor?  How  near 

the  church?  Does  he  occupy  it  at  present? 

(6)  Does  the  pastor  live  in  the  neighborhood?  Or 
in  the  county?                          Or  in  another  county? 

(7)  Is    there  preaching   once   a  month?  Or   twice   a 
month?                       Or    oftener? 

(8)  Number  of  members  at  present? 
Gain  in  membership  since  1906: 

By  profession  of   faith?  Under  21   years  old? 

By  letter  from  other  churches? 

Loss  by  death,  removal,  or  otherwise,  since  1906? 

(9)  Members  who  are  land  and  home  owners — number? 

(10)  Members  who  are  tenants  or  renters — number? 

(11)  Value  of  church  property? 

Sunday  School  studies : 

(i)     Does  the  church  have  a  Sunday  School?  The 

superintendent's  name  and  P.  O.? 

(2)  Number  of  teachers  and  officers? 

(3)  Number  of  pupils? 

(4)  Total? 

(5)  Does   it   meet   every   Sunday?  For  how  many 
months   of  the  year? 

Union  Sunday  Schools — note  the  existence  and  number  of  such 
schools ;  in  what  churches  they  meet ;  the  total  number  of  teach- 
ers and  pupils?  Also  the  Sunday  Schools  that  exist  indepen- 
dently of  congregations  or  churches;  where  they  meet;  the  num- 
ber of  teachers  and  pupils. 

Compare  total  church  membership  with  the  total  for  the  county 
in  1906.     (Census  of  Religious  Bodies).     Conclusions? 

When  assembled  and  interpreted,  the  answers  to  these  inquiries 
help  to  determine : 

(i)     The  number  of  people  in  the  county  who  are  outside  the 
churches. 


40  Syllabus  of  Home-County  Club  Studies 

(2)  The  number  of  children  of  each  race,  who  are  outside  the 

Sunday  School. 

(3)  The  sections  of  the  county  that  are  under-churched  or 
over-churched. 

(4)  Whether  or  not  the  churches,  served  by  absentee  pastors 
vifith  once-a-month  sermons,  are  growing,  standing  still, 
or  dying. 

(5)  Whether  or  not  the  churches  are  reaching  the  landless, 
homeless,  restless  tenants  and  their  families. 

(6)  What  effect  farm  tenancy  has  upon  the  country  church. 

(7)  Why  the  burden  of  country  church  support  is  so  heavy 
upon  a  few  shoulders.  And  other  like  important  ques- 
tions. 

8.  Subjects  for  theses  or  discussions:  The  Status  of  the  Country 
Church.  The  Country  Church  and  its  Relation  to  the  Country- 
Life  Problem.  The  Country  Church  and  its  Relation  to  Urban 
Civilization.  The  Cry  for  Ordained  Men  in  all  the  Religious 
Bodies  and  the  Response.    The  Need  of  Consecrated  Laymen. 

Our  rural  churches  are  on  the  decline,  in  numbers,  spiritual 
power  and  usefulness,  says  Dr.  J.  O.  Ashenhurst. — Is  it  so? 
What  are  the  facts  in  the  countrj'-at-large?  The  causes?  The 
consequences? 

Sixteen  hundred  churches  of  two  denominations  have  gone  out 
of  existence  in  the  South ;  1700  in  Illinois,  and  around  750  in 
Missouri,  says  Dr.  Henry  Wallace. — What  are  the  facts  in 
North  Carolina?  Where  is  the  country  church  making  progress? 
Where  marking  time?  Where  losing  ground,  dying  or  dead?  The 
causes?     The  consequences? 

The  Field  for  Church  Activities  at  Home.  Church  members  in 
North  Carolina  in  1906,  numbered  540,674  white,  and  283,707 
negro,  or  824,385  all  told.  Nearly  58  per  cent  of  the  total  popu- 
lation, or  1,235,000  people,  were  outside  the  Church.  Church  mem- 
bership ranged  from  18  per  cent  in  one  county  to  72  per  cent  in 
another.  In  five  counties  more  than  three-fourths  of  the  people 
were  outside  the  church. — Figures  based  on  the  1906  census  of 
Religious  Bodies. 

The  Field  for  Sunday  School  Activities  at  Home.  Sixteen 
hundred  and  thirty-three  churches  in  North  Carolina  in  1906  had 
no  Sunday  Schools ;  and  222,348  children  of  school  age  or  nearly 
one-third  of  them  all  were  outside  the  Sunday  Schools. — Figures 
based  on  the  1906  census  of  Religious  Bodies. 

Over  three  million  white  children  in  the  South  are  not  in 
the  Sunday  Schools,  says  R.  E.  Magill. — What  are  the  facts  in 
North  Carolina?  The  causes?  The  consequences?  The  rem- 
edies? 


University  of  North  Carolina  41 

The  Re-directed  Country  Church;  meaning,  necessity,  ob- 
stacles, instances.  The  Absentee-Preacher,  who  preaches  where  he 
does  not  live,  and  lives  where  he  does  not  preach.  The  Once-a- 
Month  Sermon.  Is  the  Church  Reaching  the  Tenant  Farmer? 
Farm  Tenancy  and  its  Effect  upon  the  Country  Church.  The 
Cityward  Drift  and  the  Loss  of  Rural  Leadership;  causes,  con- 
sequences. Carver's  Religion  of  Efficiency.  Over-Churched 
Communities  in  North  Carolina;  the  facts,  the  consequences. 

The  Country  Church-Home  for  the  Pastor;  the  facts  in  North 
Carolina,  the  consequences.  The  Country  Church  and  its  Mes- 
sage upon  Co-operation.  The  Church  and  its  Message  upon  Land 
Monopoly. 


XVI.     THE  FARM  HOME 

Civilisation  is  rooted  and  grounded  in  the  home-owning,  home- 
loving,  home-defending  instinct.— Tut  Home  and  Farmstead. 

The  farm  home  has  resisted  the  disintegrating  influences  of 
modern  industrial  civilisation  better  than  any  other  home  in 
Chiistendom. — The   Home   and   Farmste.U). 

A  great  national  peril  lies  in  our  steadily  increasing  land- 
less, homeless  multitudes.  Nearly  eleven  million  families  in  the 
United  States,  or  54%  of  them  all,  live  in  rented  dwellings. 
More  than  one-third  of  the  farmers  and  three-fifths  of  the  city 
dwellers  in   the  country-at-large  are  tenants  and  renters. 

In  North  Carolina,  in  the  census  year,  1,136,000  of  our  people 
were  homeless;  and  650,000  of  them  were  white  people!  Two- 
fifths  of  our  farmers  and  nearly  two-thirds  of  our  city  dwellers 
were  renters. 

In  Raleigh  and  Charlotte  the  families  liznng  in  their  own  homes 
were  only  28%  of  the  total;  in  Asheville,  only  31%,  and  in 
Wilmington,  only  40%.  The  rest  were  tenants — from  three- 
fifths   to   nearly   three-fourths   of  all   the   families  in    these   cities. 

In  general  the  more  densely  populated  and  prosperous  a  com- 
munity becomes,  the  fewer  are  the  people  who  own  the  homes 
they  live  in.  In  five  of  our  large  American  cities,  more  than 
four-fifths  of  the  families  live  in  rented  homes;  in  New  York  City 
as  a  whole,   nearly   nine-tenths   of   them! 

The  chances  of  the  landless,  homeless  man  are  steadily  dwind- 
ling; and  therein  lies  a  peril,  both  for  him  and  the  community 
p«d  country  in  which  he  />V^5.— Figures  b.a.sed  on  the  1910 
Census. 

1.  Number    of    farm    dwellings    in    the    county:    occupied    by   white 
families?  Negro    families?  Total? 

2.  Number  owned  by  the  occupants : 

White?  Negro?  Total? 

3.  Number  with   (i)   telephones?  (2)   rural  mail  deliver- 
ies?                     (3)    daily   newspapers?  (4)    weekly   pa- 


42  SYI.LABUS   OF   HOMD-COUNTY    ClUB    STUDIES 

pers?  (5)    popular  magazines?  [^6)    farm  jour- 

nals? (7)    library  books?  (8)    water   pipe   sys- 

tem for  kitchen?  (9)    for  bath  tubs?  (10)   kit- 

chen sinks  with  sewage  drains?  (11)   labor-saving  laun- 

dry   machinery?  (12)     sewing    machines?  (13) 

toilet  rooms?  (14)   out-houses  for  toilet  purposes? 

(15)    sanitary  out-houses?  (16)    homes   with  electric  or 

gas    lights?  (17)     pianos    and    other    musical    instru- 

ments? (18)    with    games — chess,    checkers    and    the 

like?    (19)    gasoline  engines   or   other  motor   power? 
(20)    improved  farm  utensils? 

4.  Give  brief  account  of  some  farm  home  having  many  or  most  of 
these  equipments. 

5.  What  plays  and  games  are  common  among  the  children  in  and 
around  the  homes?  On  the  school  grounds? 

Make  a  careful,  full  catalogue  of  these  games  and  amusements. 
Is  story-telling  a  common  form  of  amusement? 

Conclusions,  on  the  whole,  concerning  the  comforts,  conven- 
iences, luxuries  and  recreations  in  the  farm  homes  of  your 
county. 

6.  Rise  in  farm-land  values,  during  the  last  census  period? 

Rank?  Why  above  or  below  the  State  average,  (141.7  %)  ? 

Causes?  Effects? 


Marriages  : 

1910,    White? 

Negro? 

Total  ? 

1913,    White? 

Negro  ? 

Total? 

Increase    % 

White? 

Negro  ? 

Total? 

Divorces : 

1910,    White? 

Negro  ? 

Tot?l? 

1913,    White? 

Negro  ? 

Total? 

Increase    % 

White? 

Negro? 

Total? 

9.  Ratio  of  divorces  among  farm  dwellers  to  divorces  among  town 
dwellers?  Why  the  difference? 

TO.  What  events  or  occasions,  regular  or  occasional,  bring  the  people 
together?  Which  is  the  most  important?  Why? 

II.  Vacation  study:  Select  a  well  defined  neighborhood  or  commun- 
ity center,  and  make  a  Country-Home  Survey-  Blanks  therefor 
will  be   furnished  upon  application. 

12.  Subjects  for  theses  or  discussions:  The  Urbanizing  of  Country- 
Life:  tendencies,  advantages,  dangers.  Native  Country-Life  In- 
terests   and    Attractions:    qualities    and    values.      Speculative    In- 


University  of  North  Carolina  43 

terest  in  the  Farm  Home :  effects.  Social  Hunger :  Does  the  Farm- 
Home  Satisfy  it?  Culture  and  Agriculture.  Recreation  and  Re- 
creation. Why  the  Farm-Home  Develops  Leadership.  The  Sta- 
bility and  Strength  of  the  Country  Home.  Ideals  for  the  Country 
Home.  The  Negro  under  Country  and  under  City  Conditions. 
13.     Sources  of  information. 


THE  NORTH  CAROLINA  CLUB  ORGANIZES 

The  North  Carolina  Club  was  organized  on  Friday  evening,  Septem- 
ber 25th,  in  Gerrard  Hall.  Prof.  E.  C.  Branson  was  elected  president 
of  the  Club  and  Mr.  Frank  P.  Graham  secretary.  A  large  and  inter- 
ested crowd  of  students  and  members  of  the  faculty  was  present  at 
this  meeting. 

The  North  Carolina  Club  is  the  central  body  of  the  various  county 
clubs  of  the  University.  It  is  the  forum  for  various  definite  discussions 
and  fact  gatherings  as  to  North  Carohna's  economic  and  social  resour- 
ces and  needs.  It  is  a  pioneer  club  among  American  universities,  work- 
ing in  a  field  of  intense  human  interest,  fingering  the  mud-sill  facts  of 
the  life  of  the  people  of  the  State. 

Prof.  Branson's  idea  of  "Know  Your  Own  Home  County"  is  spread- 
ing rapidly  until  soon  it  will  have  permeated  through  the  entire  stu- 
dent body  of  the  University  out  into  every  corner  and  section  of  the 
State, 

^he  steering  committee  of  the  club  consists  of  Dr.  J.  G.  de  Roulhac 
Hamilton,  professor  of  history;  George  Eutsler,  Greensboro;  J.  A. 
Capps,  Bessemer  City;  L.  Bruce  Gunter,  Wake  County;  Francis  Brad- 
shaw,  Hillsboro.  The  promotion  and  publicity  committee  consists  of 
W.  P.  Fuller,  Florida;  S.  R.  Winters,  Granville  County;  Fred  R. 
Yoder,  Catawba  County;  Hugh  Hester,  Granville  County. 

Thirteen  of  the  county  clubs  of  the  University  have  already  organ- 
ized for  this  year's  work:  Beaufort,  Buncombe,  Burke,  Catawba, 
Cleveland,  Gaston,  Granville,  Iredell,  Johnston,  Pender,  Rowan,  Samp- 
son, Wayne.  Other  county  clubs  will  organize  within  the  next  few 
days. — Alumni  Review. 


Extension  Series  Bulletins 


1.  A  Professional  Library  for  Teachers  in  Secondary  Schools. 

2.  Addresses  on  Education  for  Use  in  Declaiming,  Essay  Writing, 

and  Reading. 

3.  Extension  Lectures  for  North  Carolina  Communities. 

4.  Correspondence  Courses. 

5.  The  Initiative  and  Referendum. 
.  6.  Public  Discussion  and  Debate. 

7.  University  Extension. 

8.  Co-operative   Institutions   Among   the   Farmers   of   Catawba 

County 

9.  Syllabus  of  Home-County  Club  Studies. 


Copies  of  these  Bulletins  will  be  sent  you  or  your  friends  if  you 
will  address  the 

BUREAU  OF  EXTENSION, 

Chapel  Hill,  N.  C. 


w 


/ 


sV 


Proposed 
Charter 

FOR 

San  Diego  County 
California 

To  be  Voted  Upon 

February  27 

1917 


Prepared  by  Board  of  Freeholders 
FUed  January  6,  1917 


INDEX 


PAGE 

Introductory  Statement 3 

Article  I             Name  and  Rights  of  County 6 

Article  II           Board  of  Supervisors 6 

Boundary  Descriptions 6 

Article  III  General  Powers  of  the  Board  of  Supervisors  8 

Article  IV          County  Officers  other  than  Supervisors 10 

Article  V           Township  Officers  12 

Article  VI          County  Manager  and  his  Duties 13 

Article  VII         County  Counsel  and  District  Attorney 14 

Article  VIII       Public  Defender   15 

Article  IX          Roads,  Highways  and  Bridges 15 

Article  X            Department  of  Public  Welfare 16 

Article  XI          Purchasing  Agent 18 

Article  XII         County  Property 19 

Article  XIII       Auditing  and  Accounting  20 

Article  XIV       Annual  Budget  21 

Article  XV         Assessor  and  Board  of  Appraisers 22 

Article  XVI       Civil  Service 22 

Article  XVII  Consolidation  of  City  and  County  Offices ...  28 

Article  XVIII     Labor    28 

Article  XIX       Miscellaneous 28 


Introductory  Statement 

The  Charter  herewith  submitted  to  the  electors  of  the  county 
of  San  Diego  has  been  framed  after  careful  study  of  the  charters 
now  in  operation  in  Los  Angeles  County  and  in  San  Bernardino 
County,  and  of  the  charters  adopted  by  the  people  of  Butte 
County  and  under  preparation  for  Alameda  County,  and  after  a 
series  of  open  meetings  in  the  city  of  San  Diego,  and  at  other 
important  centers  of  population  in  San  Diego  County,  at  which 
suggestions  from  citizens  were  heard  and  discussed.  Taking 
into  account  the  valuable  experiences  of  other  counties  and  the 
many  valuable  suggestions  of  the  public  officers  and  citizens  of 
San  Diego  County,  the  Board  of  Freeholders  submit  for  your 
consideration  the  following  Charter,  which  has  been  framed  with 
reference  to  the  fundamental  principles  of  good  county  govern- 
ment means  simply  good  conduct  of  public  business  and  that  the 
good  government  that  is  to  be  attained  in  good  government  for 
San  Diego  County,  with  its  special  and  peculiar  problems  of  local 
government,  which  should  be  solved  in  San  Diego  and  not  at 
Sacramento. 

Therefore  this  instrument  proposes: 

Methods  compelling  a  genuine  but  wise  economy. 

Modem  efficiency  in  business  methods. 

Elimination  of  politics  and  partisanship  in  public  business. 

Separation,  but  co-operation,  of  the  law  making  and  business 
parts  of  the  county  government. 

Frank  recognition  of  the  fact  that  modem  government  means 
positive,  constructive  public  welfare  work. 

It  also  proposes: 

Consolidation  of  the  finance  offices  of  the  city  and  county, 
when  the  necessary  initiative  has  been  taken  by  the  people  of 
San  Diego  and  the  city  government  of  San  Diego. 

Consolidation  of  county  offices,  wherever  practicable. 

Increase  of  the  number  of  supervisorial  districts,  to  provide 
adequate  representation  of  every  section  of  a  large  and  diver- 
sified county,  with  liberal  representation  for  the  districts  outside 
of  the  city  of  San  Diego. 

Specifically,  the  Charter  provides  for : 

1.  A  Board  of  Supervisors,  one  from  each  of  nine  districts, 
five  created  out  of  San  Diego  and  its  suburbs  and  four  out  of  the 
remainder  of  the  county;  these  supervisors  to  be  elected  by  the 
county  at  large  but  to  reside  in  and  be  nominated  in  their  re- 
spective districts,  to  receive  no  pay  for  their  services  but  remun- 
eration for  their  actual  expenses,  and  to  be  given  the  powers: 

(a)  To  make  necessary  ordinances  under  which  business  may 
be  done,  but  not  to  administer  the  business. 

(b)  To  make  and  control,  but  under  specific  civil  service  rules 
and  on  the  nomination  of  the  executive  heads  or  impartial  com- 
missions, appointments  to  the  important  offices  not  reserved  for 
filling  by  election  by  the  people. 

(c)  To  give  the  necessary  technical  and  legal  sanction  to  the 
acts  of  the  chief  executive  (a  County  Manager),  and,  with  the 


assistance  and  advice  of  the  Manager,  the  Auditor,  the  Assessor 
and  a  Board  of  Appraisers,  of  the  tax  levy  and  the  county 
budget. 

(d)  In  general,  to  act  in  a  representative  and  controlling 
rather  than  in  a  directive  capacity  for  the  people  of  the  county. 

2.  A  County  Manager:  To  be  the  actual  manager  of  the 
county's  affairs  and  business ;  to  be  an  executive  of  high  quali- 
fications and  large  experience ;  to  be  ex  officio  Purchasing  Agent, 
Road  Commissioner  and  Surveyor;  to  be  appointed  by  the 
affirmative  votes  of  seven  members  of  the  Board  of  Supervisors, 
but  only  on  recommendation  by  the  Civil  Service  Commission, 
examinations  having  been  waived. 

3.  An  Auditor:  Appointed  by  the  Civil  Service  Commission 
from  its  certified  list. 

4.  An  Assessor :  Appointed  by  the  Civil  Service  ,Commission 
from  its  certified  list;  to  be  ex  officio  tax  and  license  collector. 

5.  Officers,  appointed  by  the  Board  of  Supervisors,  from  the 
eligible  civil  service  lists,  as  follows : 

Board  of  Education 

Board  of  Law  Library  Trustees 

Coroner  (who  is  ex  officio  Public  Administrator) 

County  Clerk  (who  is  ex  officio.  Registrar  of  Voters, 
Clerk  of  the  Board  of  Supervisors  and  Clerk  of  the 
Superior  Court) 

County  Counsel 

Fish  and  Game  Warden 

Director  of  Health  and  Charities  (ex  officio  health  officer 
and  superintendent  of  charities) 

Horticultural  Commissioner 

Live  Stock  Inspector 

Probation  Officer 

Public  defender 

Recorder 

Superintendent  of  Schools 

Treasurer. 
To  make  these  offices  non-political,  non-partisan  and  efficient; 
to  free  appointing  authorities  from  political  pressure;  and  to 
provide  a  board  for  the  protection  of  the  people,  as  a  board  of 
efficiency,  as  well  as  for  the  protection  of  the  service,  there  is 
proposed : 

A  Civil  Service  Commission:  Of  three  members,  one  selected 
by  the  Governor,  one  by  the  judges  of  the  Superior  Court,  and 
one  by  the  Board  of  Supervisors.  This  Commission  is  given 
ample  power  to  provide  for : 

(a)  A  merit  system. 

(b)  Flexibility  and  liberality  in  the  execution  of  the 
merit  system. 

(c)  Efficiency,  management  and  control  of  county  busi- 
ness, with  an  efficiency  rating  system  and  power  to  dis- 
charge inefficient  employees.  In  this  connection,  the 
Manager  is  given  ample  power  and  protection,  and  the 


chief  deputies  of  certain  officers  are  not  made  subject 
to  civil  service. 

To  make  the  government  of  the  County  representative  of  the 
wishes  and  interests  of  the  people,  not  only  in  the  Board  of 
Supervisors  but  through  such  offices  as  always  have  been  ahd 
should  be  regarded  as  tribunes  of  the  people,  the  offices  of 
Sheriff  and  District  Attorney  are  retained  as  elective  offices. 

T6  provide  for  the  public  welfare,  a  body  specifically  charged 
with  the  care  of  that  welfare  is  created  in :  The  Board  of  Public 
Welfare:  This  board,  consisting  of  two  members  appointed  by 
the  Governor  of  the  State  of  California,  two  by  the  judges  of  the 
Superior  Court,  two  by  the  Board  of  Supervisors,  with  the 
County  Manager  ex  officio  chairman  of  the  board,  is  charged  with 
the  care  of  the  County  Hospital,  the  County  Farm,  of  any  alms- 
houses that  may  be  established,  of  the  Detention  Home,  and  of 
all  indigent  and  out-of-door  relief.  It  also  constitutes  the  Board 
of  Health  of  the  County.  The  executive  officer  of  the  board,  the 
Director  of  Health  and  Charities,  is  appyointed  by  it  from  the 
eligible  list  of  the  Civil  Service  Commission.  He  is  to  have  large 
powers,  limited,  however,  in  financial  matters  by  the  County 
Manager's  purchasing  power  and  by  the  placing  of  a  limit  on 
the  amount  that  the  budget  may  include  for  the  work  of  the 
Board. 

The  Public  Defender  will  protect  those  individuals  who  need 
protection  in  the  courts. 

The  important  subject  of  Labor  is  dealt  with  in  the  spirit 
of  modem  legislation. 

For  the  protection  of  the  interests  and  welfare  of  the  people 
at  large,  there  is  provision  for: 

1.  A  modern  audit  system,  with  provision  for  the  extension 
of  it  to  cities  and  towns  desiring  its  service.      «    - 

2.  A  purchasing  system,  with  provision  for  its  extension  to 
cities  and  school  districts. 

3.  Improvement  of  the  judicial  township  and  constable  sys- 
tem, as  far  as  is  practicable  under  state  law. 

,     4.    The  Short  Ballot. 

5.  The  Recall. 

6.  Last,  but  not  least.  Publicity,  with  particular  reference  to 
publicity  and  understandable  information  in  the  expenditure  of 
the  people's  money,  that  it  may  be  said,  even  of  the  tax  payer, 
"He  Who  Runs  May  Read." 

In  submitting  this  proposed  Charter,  the  Board  of  Freeholders 
wishes  to  emphasize  the  great  desirability  of  a  judgment  on  its 
merits  as  a  whole,  not  on  any  single  provision  which  may  not 
be  entirely  satisfactory  to  the  elector  who  reads  it,  and  to  em- 
phasize, also,  the  supreme  importance,  should  the  Charter  be 
adopted,  of  the  enlarged  and  re-constituted  Board  of  Supervis- 
ors, together  with  the  significance  of  the  new  office  of  County 
Manager,  whose  hands  are  not  tied  and  of  whom  it  is  the  in- 
tention of  this  instrument  to  make  a  manager  in  reality  of  the 
County's  business. 


SAN  DIEGO  COUNTY  CHARTER. 

We,  the  people  of  the  County  of  San  Diego,  State  of  California, 
do  ordain  and  establish  for  its  government  this  Charter. 

ARTICLE  I. 
Name  and  Rights  of  County. 

Section  1.  The  County  of  San  Diego,  as  it  now  exists,  is  a 
body  corporate  and  politic,  and,  as  such,  has  all  the  powers  spec- 
ified by  the  Constitution  and  Laws  of  the  State  of  California, 
and  by  this  Charter,  and  such  other  powers  ^s  are  necessarily 
implied. 

Section  2.  The  powers  mentioned  in  the  preceding  section  can 
be  exercised  only  by  a  Board  of  Supervisors,  or  by  agents  and 
officers  acting  under  their  authority,  or  by  authority  of  the  Con- 
stitiition  of  the  State,  the  Laws  of  the  State,  or  of  this  Charter. 

Section  3.  The  corporate  name  shall  be  "County  of  San  Diego", 
which  must  thus  be  designated  in  all  actions  and  proceedings 
touching  on  its  corporate  rights,  purposes  and  duties. 

Section  4.  The  boundaries  of  the  county  and  the  county  seat 
shall  remain  as  the  same  now  are,  unless  otherwise  changed 
in  the  manner  provided  by  law, 

ARTICLE  II. 

Board  of  Supervisors. 

Section  1.  The  County  of  San  Diego  is  hereby  divided  into 
nine  supervisorial  districts,  the  boundaries  of  which  are  estab- 
lished as  follows: 

District  Number  One  shall  comprise  Ballena,  Banner,  Borego, 
El  Cajon,  Foster,  Julian,  Lakeside,  Mesa  Grande,  Oak  Grove, 
Ramona,  Santee,  and  Warners  voting  precincts,  as  the  same  are 
now  constituted  by  law. 

District  Number  Two  shall  comprise  Alpine,  Boulevard, 
Campo,  Dehesa,  Descanso,  Dulzura,  Harmony,  Hillsdale,  Ja- 
cumba,  Jamacha,  Jamul,  La  Mesa  numbers  one  and  two.  La  Mesa 
Heights,  La  Presa,  Lemon  Grove,  Loma  Alta,  Lyons,  Meridian, 
Mission,  Potrero,  San  Miguel  and  Spring  Valley  voting  precincts,' 
as  the  same  are  now  constituted  by  law. 

District  Number  Three  shall  comprise  Bear  Valley,  Bernardo, 
Citrus,  Escondido,  voting  precincts  numbers  one  to  four,  both 
inclusive,  Linda  Vista,  Lusardi,  Oakdale,  Pala,  Palomar,  Poway, 
San  Marcos,  San  Pasqual,  Valley  Center  and  Vista  voting 
precincts,  as  the  same  are  now  constituted  by  law. 

District  Number  Four  shall  comprise  Aliso,  Bonsall,  Cardiff, 
Carlsbad,  Del  Mar,  De  Luz,  Encinitas,  Fallbrook,  Las  Flores, 
Oceanside  number  one,  Oceanside  number  two,  Olivenhain,  Re- 
cluse, San  Luis  Rey,  Vallecitos  and  West  Fallbrook  voting  pre- 
cincts, as  the  same  are  now  constituted  by  law. 

District  Number  Five  shall  comprise  voting  precincts  numbers 
one  to  ten,  both  inclusive,  numbers  twenty-one  to  thirty-three, 
both  inclusive,  and  numbers  sixty-two  to  sixty-seven,  both  in- 


elusive,  in  the  City  of  San  Diego,  as  the  same  are  now  constituted 
by  law.  . 

District  Number  Six  shall  comprise  votmg  precmcts  numbers 
one  to  seven,  both  inclusive,-  in  East  San  Diego;  Kensington, 
Normal  Heights,  Teralta,  voting  precincts  numbers  eleven  to 
twenty,  both  inclusive,  and  numbers  thirty-four  to  thirty-eight, 
both  inclusive,  in  the  City  of  San  Diego,  as  the  same  are  now 
constituted  by  law. 

District  Number  Seven  shall  comprise  Chollas,  Monroe,  voting 
precincts  numbers  thirty-nine  to  forty-nine,  both  inclusive,  num- 
bers eighty-nine  to  one  hundred  four,  both  inclusive,  and  num- 
ber one  hundred  twenty-two,  in  the  City  of  San  Diego,  as  the 
same  are  now  constituted  by  law. 

District  Number  Eight  shall  comprise  voting  precincts  num- 
bers fifty  to  sixty-one,  both  inclusive,  numbers  sixty-eight  to 
eighty-eight,  both  inclusive,  and  numbers  one  hundred  five  and 
one  hundred  six,  in  the  City  of  San  Diego,  as  the  same  are  now 
constituted  by  law. 

District  Number  Nine  shall  comprise  Bonita,  Chula  Vista  num- 
ber one,  Chula  Vista  number  two,  Chula  Vista  number  three, 
Coronado  number  one,  Coronado  number  two,  Coronado  number 
three,  Coronado  number  four,  Coronado  number  five,  Coronado 
outside.  National  City  number  one,  National  City  number  two, 
National  City  number  three,  National  City  Number  four,  Nat- 
ional City  number  five,  Nestor,  Otay,  San  Ysidro,  South  San 
Diego,  and  voting  precincts  numbers  one  hundred  seven  to  one 
hundred  twenty-one,  both  inclusive,  in  the  City  of  San  Diego, 
as  the  same  are  now  constituted  by  law,  and  shall  remain  as  so 
established  until  otherwise  changed,  as  provided  in  this  Charter. 

Section  2.  The  County  of  San  Diego  shall  have  a  Board  of 
Supervisors  consisting  of  nine  members,  each  of  whom  must  be 
an  elector  of  the  district  which  he  represents,  must  reside  therein 
during  his  incumbency,  must  have  been  such  an  elector  for  at 
least  one  year  immediately  preceding  his  election,  and  shall  be 
nominated  by  the  electors  of  said  district,  in  accordance  with 
the  primary  laws  now  in  force,  or  such  as  may  hereafter  be 
established  by  the  State ;  but  shall  be  elected  by  the  electors  of 
the  county  at  large,  under  the  election  laws  of  the  State,  as  are 
now  in  force,  or  may  hereafter  be  established.  They  shall  re- 
ceive each  a  per  diem  of  five  dollars  for  each  meeting  of  the 
Board  of  Supervisors  actually  attended  by  them,  said  per  diem 
to  be  payable  monthly  from  the  County  Treasury ;  provided,  how- 
ever, that  the  total  compensation  which  each  supervisor  shall 
receive  in  any  one  year  sh^-ll  not  exceed  four  hundred  dollars, 
said  sum  to  include  all  service  -rendered  as  a  member  of  the 
Board  of  Equalization.  In  addition  to  the  compensation  herein- 
before provided,  each  Supervisor  residing  more  than  ten  miles 
from  the  Court  House  shall  receive  a  mileage  of  ten  cents  per 
mile  for  each  mile  one  way  necessarily  traveled  by  the  most 
direct  route  from  the  residence  of  such  Supervisor  to  the  Court 
House ;  provided,  Jiowever,  that  not  over  one  mileage  shall  be  paid 
to  each  Supervisor  entitled  to  the  same,  in  any  one  month,  said 
sum  to  be  payable  monthly  from  the  County  Treasury. 


Section  3.  At  the  general  election  to  be  held  in  November, 
nineteen  hundred  and  eighteen,  Supervisors  shall  be  elected  from 
the  Second,  Fourth,  Sixth  and  Eighth  Supervisorial  Districts,* 
whose  terms  shall  begin  at  noon  on  the  first  Monday  after  the 
first  day  of  Jaunary,  nineteen  hundred  and  nineteen,  who  shall 
serve  four  years  and  until  their  successors  are  elected  and  qual- 
ified; and,  at  the  general  election  to  be  held  in  November,  nine- 
teen hundred  and  twenty.  Supervisors  shall  be  elected  from  the 
First,  Third,  Fifth,  Seventh  and  Ninth  Supervisorial  Districts, 
whose  terms  shall  begin  at  noon  on  the  first  Mon- 
day after  the  first  day  of  January,  nineteen  hundred 
and  twenty-one,  who  shall  serve  for  four  years  and  until 
their  successors  are  elected  and  qualified. 

Section  4.  The  Board  of  Supervisors  may,  by  the  affirmative 
votes  of  six  members,  change  the  boundaries  of  any  Supervis- 
orial District.  No  such  boundaries,  shall,  however,  be  changed 
to  affect  the  incumbency  in  oflSce  of  any  Supervisor,  and  any  such 
change  in  the  boundaries  of  any  Supervisorial  District  must  be 
made  within  one  year  after  a  general  election ;  provided,  however, 
that  no  change  shall  be  made  which  will  deprive  the  electors 
of  the  County,  residing  in  any  voting  precinct,  of  a  vote  for 
Supervisor  at  more  than  one  supervisorial  election  in  succession. 

Section  5.  Whenever  a  vacancy  occurs  in  the  Board  of  Sup- 
ervisors, such  vacancy  shall  be  filled  within  thirty  days  there- 
after by  the  Board  of  Supervisors,  and  the  member  so  appointed 
shall  hold  ofl^ce  until  the  election  and  qualification  of  his  suc- 
cessor, who  shall  be  elected  at  the  next  general  election  to  fill 
the  vacancy  for  the  unexpired  term.  In  the  event  that  such 
vacancy  is  not  filled  by  the  Board  of  Supervisors  within  thirty 
days  after  the  vacancy  shall  have  occurred,  then,  and  in  that 
event,  the  Governor  shall  fill  such  vacancy  by  appointment. 

Section  6.  The  Board  of  Supervisors  shall  elect  a  chairman 
at  the  first  regular  meeting  in  January  of  each  year,  who  shall 
preside  at  all  meetings  of  the  Board.  In  case  of  his  absence  or 
inability  to  act,  the  members  present  must,  by  an  order  entered 
of  record,  select  one  of  their  number  to  act  as  chairman  pro  tern. 
Any  member  of  the  Board  shall  have  power  to  administer  oaths. 
Five  members  of  the  Board  shall  constitute  a  quorum,  but  no  act 
of  the  Board  shall  be  valid  or  binding  unless  at  least  five  members 
concur  therein ;  and  the  affirmative  votes  of  six  members  shall  be 
necessay  to  make  or  confirm  appointments,  or  to  remove  ap- 
pointees from  office,  except  as  otherwise  in  this  Charter 
provided. 

ARTICLE  THREE. 

General  Powers  of  the  Board  of  Supervisors. 

Section  1.  The  Board  shall  have  all  the  jurisdiction  and  powers 
which  may  now,  or  which  may  hereafter  be  granted  by  this 
Charter,  and  by  the  Laws  of  the  State  not  inconsistent  with  this 
Charter. 

Section  2.    It  shall  be  the  duty  of  the  Board  of  Supervisors: 
(a)     To  appoint  a  County  Manager  and  fix  his  compensation, 


and,  from  time  to  time,  change  his  compensation ;  provided,  how- 
ever, that  said  Manager  shall  be  appointed  from  an  eligible  list 
of  not  less  than  three  persons,  whose  names  shall  have  first  been 
certified  to  said  Board  by  the  Civil  Service  Commission  as  here- 
inafter provided. 

(b)  To  appoint  all  County  officers,  other  than  elective  offi- 
cers, whose  apointment  is  not  otherwise  provided  for  in  this 
Charter;  all  such  appointments,  however,  shall  be  made  from 
the  eligible  Civil  Service  list,  certified  to  said  Board  by  the  Civil 
Service  Commission,  except  in  cases  of  appointment  to  the  un- 
classified service.  The  Board  shall  provide  by  ordinance  for 
the  compensation  of  all  officers  and  employees  of  the  county, 
except  as  otherwise  in  this  Charter  provided,  and  in  fixing  the 
initial  salaries,  shall  call  upon  the  Civil  Service  Commission  for 
advice. 

(c)  To  provide  by  ordinance  for  the  number  of  Justices  of 
the  Peace  and  Constables  to  be  elected  in  each  judicial  township, 
and,  from  time  to  time,  fix  the  number  and  boundaries  of  each 
judicial  township,  but,  when  so  fixed,  the  number  and  boundar- 
ies thereof  shall  not  be  changed  oftener  than  once  in  four  years. 
The  number  and  boundaries  of  judicial  townships  are  to  continue 
as  they  are  now  until  changed  by  the  Board.  The  Board  shall, 
by  ordinance,  fix  the  salary  of  each  of  said  Justices  of  the  Peace, 
which  may  of  may  not  be  uniform  nor  proportionate  to  popu- 
lation therein.  The  Board  may,  also,  by  ordinance,  provide  the 
number  and  fix  the  compensation  of  such  other  judges  and  such 
inferior  officers  of  such  inferior  courts  as  are  now  provided,  or 
may  hereafter  be  provided,  by  the  Constitution  or  by  general 
law. 

(d)  To  provide  by  ordinance,  upon  the  written  recommenda- 
tion of  the  County  Manager,  where  not  otherwise  in  this  Charter 
provided,  for  the  number  of  assistants,  deputies,  clerks,  attaches 
and  other  persons  to  be  employed  from  time  to  time  in  the  sev- 
eral offices  and  institutions  of  the  county,  and  for  their  compen- 
sation not,  however,  to  exceed  the  amount  recommended  in  writ- 
ing by  the  County  Manager,  and  the  times  at  which  and  for 
which  they  shall  be  appointed  not,  however,  for  a  longer  time 
than  the  County  Manager  shall,  in  writing,  have  recommended 
as  necessary. 

(e)  To  provide  by  ordinance,  on  the  written  recommendation 
of  the  County  Manager,  and  not  otherwise,  for  the  creation  of 
offices  other  than  those  required  by  the  Constitution  and  Laws 
of  the  State,  and  for  the  appointment  from  the  eligible  list  of 
Civil  Service  Commission  of  persons  to  fill  the  same;  and  to  fix 
their  compensation,  not,  however,  in  excess  of  the  amount 
recommended  by  the  County  Manager. 

(f)  To  provide  by  ordinance,  upon  written  recommendation 
of  the  County  Manager,  for  the  amount  of  bond  to  be  given,  be- 
fore of  after  entering  upon  the  duties  of  his  office  or  service,  by 
each  county  or  township  officer  or  employee,  for  the  faithful 
performance  of  the  duties  thereof,  and  to  require  renewals  of 
the  same  from  time  to  time  as  may  be  determined. 


(g)  To  provide  by  ordinance  the  rules  and  prescribe  the  con- 
ditions for  the  letting  of  contracts  by  the  County  Manager  for 
all  work  of  which  the  County  Manager  has  supervision,  as  herein 
provided,  and  to  provide  what  work  may  be  done  by  day  labor. 

(h)  To  provide  by  ordinance  for  the  selling,  by  the  County 
Manager,  of  personal  property  of  the  County  no  longer  needed. 

(i)  To  provide  by  ordinance  for  the  acquiring  of  rights  of 
way,  easements  and  leases  for  the  County,  by  the  County  Man- 
ager, whenever  the  same  are  necessary  in  the  work  of  which 
he  has  supervision,  as  herein  provided  for. 

(j)  The  Board  of  Supervisors  may,  by  ordinance,  provide  that 
the  County  Manager  shall  perform  such  administrative  duties 
as  are  now  required  by  law  to  be  performed  by  the  Board  of 
Supervisors,  excepting,  however,  such  duties  of  the  Board  of 
Supervisors  as  are  provided  for  in  this  Charter. 

(k)  The  Board  of  Supervisors  shall  have  power  and  authority 
to  convey  or  lease  to  the  United  States  of  America,  or  such 
department,  bureau,  or  special  division  of  the  Government  of  the 
United  States  of  America  as  may  be  authorized  by  law  to  take 
such  conveyance  or  lease,  for  the  purpose  of  a  permanent  mobil- 
ization, training  and  supply  station,  or  other  purposes  connected 
with  the  Army  of  the  United  States,  any  land  now  belonging 
to  the  County  of  San  Diego,  or  hereafter  acquired  by  the  County 
of  San  Diego  for  any  purpose,  whether  by  gift,  devise  or  pur- 
chase; such  conveyance  or  lease  may  be  made  for  such  con- 
sideration whether  monetary  or  otherwise,  and  upon  such  terms 
and  conditions,  and  with  such  provisions  for  a  reversion  to  the 
county  if  the  said  lands  shall  cease  to  be  used  for  the  purpose 
for  which  the  same  were  so  conveyed  or  leased,  as  the  said  Board 
of  Supervisors  shall  deem  proper  and  to  the  best  interests  of 
the  County. 

ARTICLE  IV. 
County  Officers  Other  than  Supervisors. 

Section  1.  The  elective  county  officers,  other  than  members 
of  the  Board  of  Supervisors,  shall  be:  District  Attorney  and 
Sheriff. 

Section  2.  At  the  general  election  to  be  held  in  November, 
nineteen  hundred  and  eighteen,  there  shall  be  elected  a  Dis- 
trict Attorney  and  a  Sheriff,  whose  terms  shall  begin  at  noon  on 
the  first  Monday  after  the  first  day  of  January,  nineteen  hundred 
and  nineteen,  and  who  shall  hold  office  for  the  term  of  four 
years  thereafter,  and  until  their  successors  are  elected  and 
qualified. 

Section  3.     The  appointive  officers  of  the  County  shall  be; 

County  Manager 

Assessor 

Auditor 

Members  of  the  Board  of  Education 

Members  of  Board  of  Law  Library  Trustees 

Members  of  the  Civil  Service  Commission 

Coroner 

10 


County  Clerk 

County  Counsel 

Fish  and  Game  Warden 

Health  Officer 

Horticultural  Commissioner 

License  Collector 

Live  Stock  Inspector 

Probation  Officer 

Public  Administrator 

Public  Defender 

Recorder 

Registrar  of  Voters 

Road  Commissioner 

Director  of  Health  and  Charities 

Superintendent  of  Schools 

Surveyor 

Treasurer 

and  all  other  officers  who  are  now,  or  may  hereafter  be,  pro- 
vided by  the  law  of  the  State. 

Section  4.    The  following  offices  are  hereby  consolidated: 

The  CORONER  shall  be  ex  officio  PUBLIC  ADMINISTRA- 
TOR, and  shall  perform  all  the  duties  of  that  office. 

The  ASSESSOR  shall  be  ex  officio  TAX  COLLECTOR  and  LI- 
CENSE COLLECTOR,  and  shall  perform  all  the  duties  of  said 
offices. 

The  COUNTY  MANAGER  shall  be  ex  officio  ROAD  COM- 
MISSIONER, and  shall  perform  all  the  duties  of  that  office. 

The  COUNTY  CLERK  shall  be  ex  officio  REGISTRAR  OF 
VOTERS,  CLERK  OF  THE  BOARD  OF  SUPERVISORS,  and 
CLERK  OF  THE  SUPERIOR  COURT,  and  shall  perform  all 
the  duties  of  said  offices. 

Section  5.  Each  and  all  of  the  foregoing  elective  and  appoint- 
ive County  officers  shall  have  all  the  powers  and  perform  all  the 
duties  required  of  their  respective  offices  by  the  Constitution 
and  Laws  of  the  State,  except  as  otherwise  provided  in  this 
Charter,  and,  also,  shall  have  and  perform  such  powers  and 
duties  as  are  by  this  Charter  prescribed.  They  shall  appoint 
their  deputies  and  other  employees  to  the  number  authorized 
by  ordinance  of  the  Board  of  Supervisors,  from  the  certified 
list  as  prepared  by  the  Civil  Service  Commission  under  the  rules 
of  said  Commission,  and  may  remove  said  deputies  and  other 
employees  for  inefficiency  or  neglect  of  duty,  under  the  rules  of 
said  Commission ;  provided,  however,  that  the  District  Attorney 
may  appoint  his  chief  deputy,  the  Sheriff  his  under-sheriff,  and 
the  Treasurer  his  chief  deputy,  without  civil  service 
examination. 

Section  6.  All  fees  or  emoluments  of  any  kind,  nature  or 
description,  or  profits  arising  out  of  their  respective  offices 
in  the  performance  of  their  duties,  or  incidental  thereto,  or  by 
or  from  contracts  connected  with  their  respective  offices,  boards 
or  commissions,  shall  be  paid  into  the  County  Treasury  on  the 

11 


first  Monday  of  each  calendar  month,  by  each  and  all  of  the 
elective  and  appointive  County  officers  herein  provided  for. 

Section  7.  Whenever  a  vacancy  occurs  in  an  elective  office, 
the  Board  of  Supervisors  shall  fill  such  vacancy,  and  the  ap- 
pointee shall  hold  office  until  the  election  and  qualification  of 
his  successor,  who  shall  be  elected  at  the  next  general  election, 
to  fill  such  vacancy  for  the  unexpired  term;  but  no  election 
shall  be  held  when  such  term  expires  in  the  month  of  January 
succeeding  a  general  election. 

Section  8.  The  term  of  each  elective  county  officer  shall  be 
four  years,  except  as  otherwise  provided  in  this  Charter,  and 
shall  begin  at  noon  on  the  first  Monday  after  the  first  day  of 
January  succeeding  his  election,  and  until  such  time  as  his  suc- 
cesor  shall  be  elected  and  shall  qualify,  except  as  otherwise 
provided  in  this  Charter.  All  officers  appointed  under  civil  ser- 
vice certification  shall  hold  office  during  such  time  as  they 
efficiently  perform  the  duties  of  their  respective  offices,  and  un- 
til removed  as  in  this  Charter  provided. 

Section  9.  Each  county  officer  shall  be  allowed,  in  addition 
to  the  coiftpensation  fixed  by  the  Board  of  Supervisors,  such 
expenses  as  are  now  payable  to  him  under  the  provisions  of  the 
general  laws  of  the  State  or  of  this  Charter ;  provided,  however, 
that  all  such  expenses  shall  be  limited  to  actual  and  necessary 
cash  expenditures. 

ARTICLE  V. 
Township  Officers. 

Section  1.  The  board  of  Supervisors  must  provide  by  ordinance 
for  not  less  than  one  Justice  of  the  Peace  and  one  Constable  in 
each  judicial  township,  and  may  provide  for  more  in  townships 
where  the  population  and  business  therein  require  a  greater 
number ;  provided  that,  until  the  Board  shall  so  provide  for  such 
Justices  of  the  Peace  and  Constables,  the  number  of  each  thereof 
in  such  townships  shall  continue  to  be  as  now  is  or  may  hereafter 
be  provided  by  law;  provided,  furthermore,  that,  if  the  Legis- 
lature shall  hereafter,  instead  of  the  system  of  courts  of  Jus- 
tices of  the  Peace  now  established  by  law,  substitute  some  other 
system  of  inferior  courts,  then,  in  that  event,  the  present  sys- 
tem of  justices  of  the  peace  and  constables  shall  cease,  and  the 
Board  shall,  by  ordinance,  discontinue  all  Justices  of  the  Peace 
in  the  several  townships,  and  said  Board  may  provide  for  such 
number  of  inferior  justices  or  judges  as  may  be  necessary  for 
the  needs  of  the  county,  under  such  substituted  system. 

Section  2.  Justices  of  the  Peace  and  Constables  shall  be  nom- 
inated and  elected  at  the  times  and  in  the  manner  and  for  the 
terms  as  are  now,  or  may  hereafter  be  provided  by  general 
law. 

Section  3.  All  fees  and  fines  collected  by  any  Justice  of  the 
Peace,  shall  be  paid  into  the  County  Treasury  on  the  first  Mon- 
day of  each  calendar  month,  together  with  a  detailed  state- 
ment of  the  same,  in  writing,  under  oath,  a  copy  of  which  state- 
ment shall  be  filed  with  the  Auditor. 

Section  4.    The  salaries  of  township  officers  shall  be  paid  at 

12 


the  same  time,  in  the  same  manner  and  out  of  the  same  fund 
as  the  salaries  of  other  county  officers. 

Section  5.  In  any  township  where,  in  the  opinion  of  the  Board 
of  Supervisors,  the  public  convenience  requires  it,  said  Board 
may,  by  ordinance,  provide  for  a  justice's  clerk  for  each  justice 
thereof,  who  shall  be  appointed  by  the  justice  from  the  eligible 
list  certified  by  the  Civil  Service  Commission;  such  justice's 
clerk  shall  perform  all  the  duties  as  court  reporter  for  such 
Justice,  and  prepare  transcripts  of  the  same  as  required.  Such 
Justice's  clerk  shall  also  have  the  powers  and  perform  the  duties 
provided  for  justice's  clerks  by  general  law.  Each  shall  receive 
such  compensation  as  may  be  fixed  from  time  to  time  by  the 
Civil  Service  Commission. 

ARTICLE  VI. 
County  Manager  and  His  Duties. 

Section  1.  The  Board  of  Supervisors  shall,  prior  to  June 
thirtieth,  nineteen  hundred  and  seventeen,  appoint  from  a  list, 
certified  to  them  by  the  Civil  Service  Commission,  a  County 
Manager,  who  shall  take  office  immediately  after  his  appoint- 
ment and  qualification.  He  shall  be  a  citizen  of  the  United 
States,  and  shall  reside  in  the  County  of  San  Diego  during  his 
term  of  office.    His  duties  shall  be  as  follows : 

(a)  He  shall  be  ex  officio  Road  Commissioner,  and,  as  such, 
shall  have  complete  direction  and  control  over  all  the  work  of 
construction,  improvement,  maintenance  and  repair  of  county 
roads,  highways  and  bridges,  and  the  expenditure  of  all  the  road, 
highway  and  bridge  funds  of  the  County. 

(b)  He  shall  have  the  supervision,  care,  maintenance  and 
repair  of  all  public  buildings  of  the  County,  and  of  all  other 
property  of  the  County,  and  of  all  public  work  of  the  County. 

(c)  He  shall  be  the  Purchasing  Agent  of  the  County,  and 
shall  perform  all  the  duties  required  of  the  Purchasing  Agent 
under  this  Charter. 

(d)  He  shall  be  Chairman  of  the  Board  of  Welfare,  and  shall 
perform  all  the  duties  of  that  office  as  fixed  by  this  Charter 
or  by  the  rules  of  said  Board. 

(e)  He  shall  perform  all  other  duties  imposed  upon  him  by 
any  ordinance  of  the  Board  of  Supervisors. 

(f)  He  shall  have, general  supervision  over  all  the  appointive 
county  officers,  their  deputies  and  employees  (excepting  the 
Auditor  and  County  Counsel) ,  and  shall  see  that  they  efficiently 
perform  all  the  duties  pertaining  to  their  offices  or  employments ; 
and  if,  in  his  judgment,  any  appointive  county  officer  or  deputy 
or  employee  thereof  is  not  efficiently  performing  his  duties,  as 
required  by  law,  or  by  this  Charter,  and  is  not  doing  his  work 
in  a  faithful  and  efficient  manner,  it  shall  be  his  duty  to  notify 
such  person  and  his  superior  officer  in  writing  of  such  fact ;  and, 
in  the  event  that  such  officer,  deputy  of  employee  does  not  there- 
after perform  his  duties  efficiently  and  according  to  law,  he  shall 
have  the  power  to  remove  him  by  a  written  notice  to  that  effect, 
giving  his  reasons  therefor,  and  his  decision  in  the  mat- 
ter shall  be  final,  unless     reversed  by  a  two-thirds     majority 

13 


f,  ■  w  ff" 


of  the  Civil  Service  Commission  at  its  first  regular  meet- 
ing after  such  removal,  and  any  vacancy  so  created  shall  be 
immediately  filled  in  the  manner  provided  by  this  Charter. 

(g)  He  shall  determine  the  number  of  deputies  and  employees 
in  his  department,  and  shall  appoint  the  same  from  the  classified 
list  and  may  remove  them  at  any  time  for  cause. 

(h)  He  shall  hold  office  for  four  years  from  and  after  the 
date  of  his  appointment,  and  until  his  successor  is  appointed. 

(i)  He  shall  perform  all  the  duties  which  are  now  required 
or  which  may  hereafter  be  required  by  the  laws  of  the  State,  of 
the  county  surveyor,  except  as  must  be  performed  by  a  licensed 
land  surveyor. 

(j)  He  shall  appoint  a  licensed  land  surveyor  as  one  of  his 
deputies,  and  the  deputy  so  appointed  shall  be  ex  officio  County 
Surveyor  and  perform  all  the  duties  of  that  office  requiring  a 
licensed  land  surveyor.  The  salary  of  the  County  Surveyor  shall 
be  one  hundred  and  fifty  dollars  per  month,  from  July  first,  nine- 
teen hundred  and  seventeen,  to  December  thirty-first,  nineteen 
hundred  and  eighteen,  and  thereafter  shall  be  such  an  amount 
as  may  be  fixed  by  the  Board  of  Supervisors. 

(k)  The  Manager  may  be  removed  for  cause  at  any  time  by 
the  affirmative  vote  of  seven  members  of  the  Board  of  Super- 
visors, in  regular  session  assembled ;  and  said  Board  shall  remove 
the  County  Manager  whenever  a  petition  demanding  his  removal 
shall  be  filed  with  them,  signed  by  the  qualified  voters  of  the 
County  of  San  Diego,  and  equal  in  number  to  at  least  thirty 
per  cent,  of  the  entire  vote  cast  for  all  candidates  for  Governor 
of  the  State  at  the  last  preceding  election  at  which  the  Governor 
was  elected.  Such  a  petition  shall  be  substantially  in  the  same 
form,  executed  in  th€  same  manner,  verified  in  the  same  manner, 
and  checked  and  reported  in  the  same  manner  as  required  by  the 
laws  of  the  State  for  the  recall  of  an  elective  officer. 

ARTICLE  VII. 
County  Counsel  and  District  Attorney. 

Section  1.  The  County  Counsel  shall  represent  and  advise  the 
Board  of  Supervisors,  the  County  Manager,  and  all  county,  town- 
ship and  school  district  officers  in  all  matters  and  questions  of  law 
pertaining  to  their  duties,  and  shall  have  exclusive  charge  and 
control  of  all  civil  actions  and  proceedings  in  which  the  County, 
the  Board  of  Supervisors,  any  school  district,  or  any  officer  of 
the  County,  or  of  a  township  or  of  a  school  district  is  concerned, 
or  is  a  party  as  such.  He  shall  examine  and  report,  in  writing, 
as  to  the  legality  of  all  claims  presented  against  the  County;  he 
shall  also  act  as  attorney  for  the  Public  Administrator  in  the 
matter  of  all  estates  in  which  such  officer  is  executor,  adminis- 
trator with  the  will  annexed,  or  administrator;  and  the  County 
Oounsel  shall,  in  every  such  matter,  collect  the  attorney's  fees 
allowed  therein  by  law,  and  shall  pay  the  same  into  the  County 
Treasury. 

Section  2.  The  District  Attorney  shall  perform  all  the  duties 
of  that  office  as  prescribed  by  the  general  laws  of  the  State,  ex- 

u 


cepting  such  as  this  Charter  requires  to  be  performed  by  the 
County  Counsel. 

ARTICLE  VIII. 

Public  Defender. 

Section  1.  It  shall  be  the  duty  of  the  Public  Defender,  upon 
the  request  of  a  defendant,  or  upon  order  of  the  court,  to  defend, 
without  expense  to  them,  all  persons  who  are  not  financially 
able  to  employ  counsel,  and  who  are  charged,  in  the  Justice's 
and  Superior  Courts  with  the  commission  of  any  contempt,  mis- 
demeanor, felony  or  any  other  offense.  He  shall  also,  upon  request- 
give  counsel  and  advice  to  such  persons  in  and  about  any  charge 
against  them  upon  which  he  is  conducting  the  defense;  and  he 
shall  prosecute  all  appeals  to  a  higher  court  or  courts  of  any 
person  who  has  been  convicted  upon  any  such  charge,  where, 
in  his  opinion,  such  conviction  is  unjust  and  such  appeal  will, 
or  might  reasonably  be  expected  to  result  in  a  reversal  or  a 
modification  of  the  judgment  of  conviction. 

Section  2.  He  shall  also,  upon  request,  prosecute  actions  for 
the  collection  of  wages  and  of  other  demands  of  persons  who 
are  not  financially  able  to  employ  counsel,  in  cases  in  which  the 
sum  involved  does  not  exceed  Two  hundred  dollars,  and  in  which, 
in  the  judgrneht  of  the  Public  Defender,  injustice  has  been  done 
and  the  claims  urged  are  valid  and  enforceable  in  the  courts. 

Section  3.  He  shall  also,  upon  request,  defend  such  persons 
in  all  civil  litigation  in  which,  in  his  judgment,  they  are  being 
persecuted  or  unjustly  harassed. 

Section  4.  The  costs  in  all  actions  in  which  the  Public  De- 
fender shall  appear  under  this  section,  whether  for  plaintiffs 
or  for  defendants,  shall  be  paid  by  the  County  Treasurer  at  the 
times  and  in  the  manner  required  by  law  or  by  rules  of  court, 
and  under  a  system  of  demand,  audit  and  payment  which  shall 
be  prescribed  by  the  Board  of  Supervisors.  It  shall  be  the  duty 
of  the  Public  Defender,  in  all  such  litigation,  to  procure,  if  pos- 
sible, in  addition  to  general  judgments  in  favor  of  the  persons 
whom  he  shall  represent,  judgments  for  costs  and  attorney's 
fees,  where  permissible,  against  the  adverse  parties  of  such 
persons,  and  collect  and  pay  the  same  into  the  County  Treasury. 

ARTICLE  IX. 

Roads,  Highways  and  Bridges. 

Section  1.  The  County  of  San  Diego,  exclusive  of  incorporated 
cities,  is  hereby  declared  to  be  and  is  created  into  one  road  dis- 
trict, and  the  County  Manager,  as  Road  Commissioner,  shall 
have  exclusive  direction  and  control  over  all  work  of  construc- 
tion, maintenance  and  repair  of  roads,  highways  and  bridges 
therein,  other  than  work  done  under  contract,  and,  where  any 
work  is  done  under  contract,  it  shall  be  his  duty  to  supervise, 
examine  and  inspect  such  contract  work  as  the  same  progresses^ 
and  see  that  the  same  is  properly  performed  according  to  con- 
tract, and,  when  completed,  to  file  his  written  report  thereon 
with  the  Board  of  Supervisors.    He  shall  also  have  control  and 

15 


management  of  all  county  rock  quarries  and  gravel  pits,  and  of 
all  machinery,  tools  and  other  materials,  property  and  instru- 
mentalities necessary  for,  and  connected  with  the  maintenance, 
construction  and  repair  of  highways  and  bridges. 

Section  2.    The  Board  of  Supervisors  may  provide  for  the  for- 
mation of  highway  construction  divisions  for  the  construction 
of  roads,  highways  and  bridges;  and  for  the  inclusion  in  any 
such  division  of  the  whole  or  any  part  of  any  incorporated  city 
or  town  upon  ordinance  passed  by  such  incorporated  city  or  town 
authorizing  the  same,  and  upon  the  assent  to  such  inclusion  by 
a  majority  of  the  qualified  electors  of  such  incorporated  city  or 
town  or  portion  thereof  proposed  to  be  so  included,  at  an  election 
held  for  that  purpose ;  for  the  organization,  government,  powers 
and  jurisdiction  of  such  division  and  for  raising  revenue  therein 
for  such  purposes  by  taxation  upon  the  assent  of  a  majority  of 
the  qualified  electors  of  such   division  voting  at  an   election 
held  for  that  purpose;  also,  to  provide  for  the  incurring  of  in- 
debtedness therefor  by  the  county  or  division  for  such  purposes, 
respectively,  by  the  issuance  and  sale,  by  the  county,  of  bonds  of 
the  county  or  division,  and  for  the  expenditure  of  the  proceeds 
of  the  sale  of  such  bonds,  and  for  levying  and  collecting  taxes 
against  the  property  of  such  county  or  division,  as  the  case  may 
be;  for  the  payment  of  the  principal  and  interest  of  such  in- 
debtedness at  maturity,  provided  that  any  such  indebtedness 
shall  not  be  incurred  for  the  county  as  a  whole    without    the 
assent  of  two-thirds  of  the  qualified  electors  of  the  county,  or, 
in  case  of  a  division  thereof,  without  the  assent  of  two-thirds 
of  the  qualified  electors  of  the  division  voting  at  an  election  held 
for  that  purpose,  nor  unless,  before  or  after  the  time  of  incurring 
such  indebtedness,  provision  shall  be  made  for  the  collection  of 
an  annual  tax  from  the  county  or  from  the  division,  as  the  case 
may  be,  sufficient  to  pay  the  interest  on  such  indebtedness  as 
it  falls  due,  and,  also,  for  a  sinking  fund  for  the  payment  of  the 
principal  thereof  on  or  before  maturity,  which  shall  not  exceed 
forty  years  from  the  time  of  contracting  the  same.     The  pro- 
cedure for  voting,  issuing  and  selling  such  bonds,  except  in  so 
far  as  the  same  shall  be  otherwise  prescribed  by  this  Charter, 
shall  conform  to  the  general  laws  for  the  authorizing  and  in- 
curring of  bonded  indebtedness  by  counties  or  divisions  thereof, 
so  far  as  applicable;  provided,  further,  that,  if  the  work  to  be 
done  under  the  said  bond  issue  is  to  be  done  by  contract,  the 
work  shall  be  done  under  the  supervision  of  the  County  Man- 
ager; or,  if  the  work  be  done  in  any  other  manner,  it  shall  be 
done  under  the  direction  and  control  of  the  County  Manager ;  and 
provided,  further,  that  the  construction,  care,  maintenance,  re- 
pair and  supervision  of  roads,  highways  and  bridges,  for  which 
aid  from  the  State  is  granted,  shall  be  subject  to  such  regulation 
and  conditions  as  may  be  imposed  by  the  legislature. 

ARTICLE  X. 
Department  of  Public  Welfare. 

Section  1.    There  is  hereby  created  a  Board  of  Public  Welfare, 

16 


which  shall  consist  of  seven  members,  two  of  whom  shall  be 
appointed  by  the  Governor  of  the  State  of  California,  two  by 
the  majority  of  the  Judges  of  the  Superior  Court  of  the  County 
of  San  Diego,  and  two  by  the  Board  of  Supervisors;  and  the 
County  Manager  shall  be  ex  officio  a  member  of  said  Board,  and 
shall  be  the  chairman  thereof.  The  said  Board  shall  be  appointed 
in  time  to  take  office  on  the  first  day  of  July,  A.  D.  Nineteen 
hundred  and  seventeen,  and  shall,  at  their  first  meeting,  so 
classify  themselves  that  two  members  thereof  shall  hold  office 
for  two  years,  two  for  four  years,  and  two  for  six  years;  and, 
whenever  the  term  of  a  member  expires,  his  successor  shall  be 
appointed  by  the  same  authority  which  made  the  original 
appointment.  The  members  thereof  shall  serve  without  com- 
pensation. This  Board  may  establish  and  maintain  a  County 
Hospital,  prescribe  the  rules  for  the  government  and  manage- 
ment thereof,  and  may  establish  alms  houses  and  county  farms, 
prescribe  the  rules  and  regulations  for  the  government  and  man- 
agement thereof,  and  may  establish  and  maintain  such  other 
charitable  institutions,  as  in  their  judgment  may  be  necessary 
in  the  County  of  San  Diego,  and  prescribe  the  rules  and  regula- 
tions for  the  government  and  management  thereof.  They  shall 
also  provide  for  the  care  and  maintenance  of  the  indigent  sick 
or  indigent  poor  of  the  county.  They  shall  also  provide  for  the 
burying  of  the  indigent  dead.  They  shall  be  and  constitute  the 
Board  of  Health  of  the  County  and  shall  perform  all  the  duties 
required  thereof  by  the  laws  of  the  State.  They  may  establish 
a  detention  home,  or  branch  detention  home,  and  prescribe  the 
rules  and  regulations  for  the  government  and  management 
thereof.  They  shall  constitute  the  Probation  Committee  of  the 
County,  and  perform  all  the  duties  of  a  Probation  Committee 
as  required  by.  the  laws  of  the  State.  They  shall,  unless  other- 
wise provided  in  this  Charter,  perform  all  such  other  duties  as 
the  State  law  requires  of  Boards  of  Welfare. 

Section  2.  The  Board  shall  have  the  expenditure  of  all  money 
appropriated  to  this  department  in  conformity  with  the  law; 
but  all  materials  and  supplies  required  for  its  use  shall  be  pur- 
chased by  the  Purchasing  Agent.  The  Board  shall  provide  and 
carry  out  a  general  plan  for  the  organization  of  all  of  the  char- 
itable and  public  welfare  work  of  the  County. 

Section  3.  The  Board  shall  appoint,  from  the  certified  list 
of  the  Civil  Service  Commission,  a  Director  of  Health  and  Char- 
ities who  shall  he  directly  and  solely  responsible  to  the  Board 
of  Public  Welfare  and  under  the  general  direction  of  the  Board. 
The  office  of  Director  of  Health  and  Charities  shall  be  filled  by  a 
practitioner  of  medicine,  licensed  by  the  State  of  California,  and 
who  shall  have  practiced  in  his  profession  for  at  least  five  years. 

Section  4.  The  Director  of  Health  and  Charities  shall  have, 
the  supervision  and  control  over  all  the  charitable  institutions 
and  charities  of  the  County,  including  the  general  hospital,  the 
tuberculosis  hospital,  the  county  dispensary,  the  alms  house, 
the  indigent  relief,  and  of  all  dependent,  defective  and  delin- 
quent persons  in  heed  of  County  medical  or  charitable  relief. 
He  shaJl,  when  empowered  to  so  do  by  the  Board  of  Public  Wel- 

17 


fare,  initiate  and  put  into  operation  all  measures  pertaining  to 
the  health  of  the  community  which  come  under  the  supervision 
of  the  County  Government.  He  shall  appoint,  .with  the  approval 
of  the  Board,  from  the  eligible  list,  certified  by  the  Civil  Service 
Commission,  all  employees  necessary  for  the  performance  of 
the  work  of  his  department,  and  shall  supervise  the  performance 
of  their  duties,  and  may  remove  them  at  any  time  for  cause 
according  to  the  rules  of  the  Civil  Service  Commission.  It 
shall  be  the  duty  of  the  Director  of  Health  and  Charities  to  re- 
ceive and  act  upon  all  petitions  for  County  and  State  aid,  to  in- 
vestigate them,  and  if  in  his  judgment  they  should  be  granted, 
to  grant  the  same,  or  such  an  amount  as  he  deems  proper  under 
the  circumstances. 

Section  5.  The  Director  of  Health  and  Charities  shall  be  ex 
officio  Health  Oflicer  of  the  County  of  San  Diego,  and  perform 
all  the  duties  of  that  ofl!ice. 

Section  6.  There  shall  be  included  in  the  budget  each  year  an 
amount  sufficient  to  support  the  work  of  the  Board  of  Public 
Welfare,  and,  for  that  purpose,  the  Board  of  Supervisors  shall 
annually  levy  and  collect  a  tax  on  all  taxable  property  in  the 
county  at  the  rate  of  twenty  cents  on  each  one  hundred  dollars 
of  the  assessed  valuation  thereof,  and  the  said  Board  of  Public 
Welfare  shall  not  exceed  in  its  work  the  said  amount  of  money 
so  levied  for  it  each  year;  provided,  however,  that  land  may  be 
acquired  or  buildings  may  be  erected  from  the  proceeds  of  a 
bonded  indebtedness  created  in  the  same  manner  that  other 
county  bonds  are  voted,  issued  and  sold. 

Section  7.  The  Board  shall  appoint,  from  the  eligible  list  as 
certified  by  the  Civil  Service  Commission,  a  Probation  Oflicer, 
who  shall  appoint,  from  the  certified  list  of  the  Civil  Service  Com- 
mission, such  assistant  probation  oflficers  as  may,  in  the  judg- 
ment of  the  Board,  be  necessary,  and  he  shall  exercise  a  general 
supervision  and  control  over  them,  and  may  remove  them  for 
cause,  according  to  the  rules  of  the  Civil  Service  Commission. 
The  Probation  Officer  and  assistant  probation  oflficers,  so  ap- 
pointed, shall  perform  all  the  duties  required  of  them  by  the 
Laws  of  the  State. 

ARTICLE  XL 
Purchasing  Agent. 

Section  1.  There  is  hereby  created  the  office  of  County  Pur- 
chasing Agent,  and  the  County  Manager  shall  be  the  County 
Purchasing  Agent. 

Section  2.  Except  as  otherwise  in  this  Charter  provided,  no 
county,  township  or  other  officer,  shall  contract  for  or  purchase 
any  furniture,  fixtures,  tools,  supplies,  materials  or  any  other  ar- 
ticles or  property  for  his  use  as  such  oflficer  or  for  use  in  or  per- 
taining to  his  office,  except  by  and  through  said  Purchasing 
Agent  and  in  the  manner  hereinafter  provided. 

Section  3.  Whenever  any  such  oflficer  shall  require  any  such 
furniture,  fixtures,  tools,  supplies,  materials,  or  any  other 
articles  or  property  for  his  use  as  such  officer,  or  for  use  or 
pertaining  to  his  office,  he  shall  make  and  present  to  the  Auditor 

18 


a  written  requisition  for  the  same.  The  Auditor  shall  thereupon 
examine  such  requisition  and  endorse  thereon  his  approval  or 
disapproval  thereof,  in  whole  or  in  part,  as  to  whether  or  not 
funds  have  been  provided  for  such  proposed  purchase,  and  shall 
deliver  the  same  to  the  County  Manager,  who  shall  thereupon 
examine  such  requisition  and  endorse  thereon  his  approval  or 
disapproval,  in  whole  or  in  part,  and,  if  approved,  the  Purchas- 
ing Agent  shall  thereupon  make  such  purchases  as  have  been 
approved,  and  shall  deliver  the  same,  together  with  an  invoice 
thereof,  to  the  officer  making  the  requisition,  and  shall,  at  the 
same  time,  deliver  a  duplicate  invoice  to  the  Auditor.  In  the 
event  that  the  County  Manager  shall  disapprove  the  purchase  of 
said  articles,  in  whole  or  in  part,  he  shall  report  to  the  Board 
of  Supervisors  the  reason  for  his  disapproval  thereof,  and  his 
disapproval  thereof  shall  not  be  overruled  by  the  Board  of 
Supervisors,  except  by  the  affirmative  votes  of  six  members  of 
the  Board. 

Section  4.  Subject  to  the  regulation  and  direction  of  the 
Board  of  Supervisors,  it  shall  be  the  duty  of  the  Purchasing 
Agent  to  purchase,  from  time  to  time,  in  quantity,  such  supplies 
as  may  be  required  for  county  use,  and  keep  the  same  on  hand 
for  the  filling  of  such  requisitions  as  may  be  allowed  as  herein- 
before provided. 

Section  5.  It  shall  be  the  duty  of  the  Purchasing  Agent  to 
contract  for  the  purchase  of  supplies  and  materials  required 
for  use  in  connection  with  any  and  all  county  institutions. 

Section  6.  Any  incorporated  city  or  town  or  school  district, 
upon  providing  funds  for  that  purpose,  may  require  the  Pur- 
chasing Agent  to  purchase  its  supplies ;  and  it  shall  be  the  duty 
of  the  Purchasing  Agent  of  the  County  to  act  as  Purchasing 
Agent  for  any  such  municipality  or  school  district  whenever  re- 
quested so  to  do  by  it ;  such  service  of  the  County  Purchasing  De- 
partment to  be  rendered  such  municipality  or  school  district 
without  compensation  from  it. 

ARTICLE  XII. 
County  Property. 

Section  1.  The  County  Manager  is  hereby  made  the  custodian 
of  all  public  buildings  and  property  belonging  to  the  County,  ex- 
cept such  as  are  required  by  law  to  be  in  the  immediate  custody 
of  other  officers ;  and  it  shall  be  the  duty  of  the  County  Manager 
to  make  and  keep  on  file  in  his  office  a  complete  inventory  of  all 
county  property,  and  the  same  shall  be  open  to  the  inspection 
of  the  public  during  business  hours.  It  shall  be  the  duty  of 
every  county,  township  and  other  officer,  within  five  days  after 
entering  upon  the  discharge  of  the  duties  of  his  office,  to  make 
and  file  with  the  Manager  a  complete  inventory  in  duplicate  of 
property,  belonging  to  the  County  of  San  Diego,  or  per- 
taining to  his  office,  received  by  him  from  his  predecessor;  and 
each  officer  shall,  monthly,  within  five  days  after  the  expiration 
of  each  calendar  month,  make  and  file  with  the  Manager  a  report 
for  such  month,  showing  in  detail  all  property  belonging  to  the 

19 


County,  or  pertaining  to  his  office,  added  thereto  during  the  pre- 
ceding month,  and  from  whom  the  same  was  acquired,  and  also 
showing  in  detail  what  property  of  the  County,  pertaining  to 
his  office,  has,  during  such  month,  been  lost,  destroyed,  con- 
sumed, or  otherwise  disposed^  of.  Complete  copies  of  such  in- 
ventory and  reports,  so  filed,* shall  be  filed  in  the  office  of  the 
County  Auditor,  and,  also,  in  the  office  of  the  Board  of 
Supervisors. 

ARTICLE  XIII. 
Auditing  and  Accounting. 

Section  1.  The  County  Auditor  shall  be  appointed  by  the  Civil 
Service  Commission  from  their  certified  list,  and  shall  hold 
office  until  removed  for  cause,  as  in  this  Charter  provided. 

Section  2.  The  Auditor  shall,  on  or  before  July  first,  nine- 
teen hundred  and  seventeen,  inaugurate  and  install,  in  each 
county  and  township  office,  a  modern  system  of  accounting,  so 
that  the  books  of  all  officers  shall  be  uniform  in  system,  and  the 
Auditor  shall,  at  least  once  every  three  months,  audit  said  books 
to  see  that  said  county  and  township  officers  are  keeping  the 
same  according  to  said  system  and  up  to  date,  and  any  delin- 
quency in  this  respect  shall  be  immediately  reported  to  the 
County  Manager. 

Section  3.  Each  County  officer  or  employee  who  collects  fees, 
fines,  emoluments,  or  money  from  any  source,  due  the  County, 
or  any  profit  arising  out  of  the  conduct  of  his  office,  shall  file 
with  the  Auditor,  on  or  before  the  first  Monday  of  each  month, 
an  itemized  statement,  under  oath,  showing  from  what  source 
the  fees,  fines,  or  other  money  was  received  during  the  preced- 
ing month;  and  shall  also  include  in  this  report  an  itemized 
statement  of  all  expenses  incurred  by  said  office  during  the  pre- 
ceding month,  including  his  salary  and  the  salaries  of  all  his 
deputies  and  employees;  and  duplicate  copies  of  said  statement 
shall  be  filed  with  the  County  Manager  and  the  Board  of  Super- 
visors, and  the  Auditor  must  not  pay  any  officer  his  salary  until 
he  files  said  monthly  statement  and  pays  into  the.  County  Treas- 
ury all  fees,  fines  and  other  moneys  which  have  been  received 
by  him. 

Section  4.  Each  county  officer  shall  file  with  the  Auditor  on 
or  before  the  first  day  of  July  of  each  year,  an  estimate  in  de- 
tail of  the  amount  of  money  that  he  will  need  to  run  his  office 
for  the  fiscal  year  next  ensuing,  and  he  shall  not  be  permitted 
to  expend  more  than  is  allowed  his  office  in  the  budget,  except 
that,  by  the  approval  of  the  County  Manager  and  the  affirmative 
votes  of  six  members  of  the  Board  of  Supervisors,  he  may  be 
permitted  to  exceed  the  amount  estimated  therein,  in  an  emer- 
gency, and  said  excess  shall  be  drawn  only  from  the  Emergency 
Fund.  The  word  emergency,  as  used  herein,  shall  mean  the 
happening  of  some  unusual  and  unforseen  event,  and  not  the 
ordinary  running  expenses  of  the  office. 

Section  5.  The  Auditor  shall  annually,  on  or  befor  the  fif- 
teenth day  of  July,  make  a  report  compiled  from  the  monthly 
reports  of  the  county  and  township  offices  showing  in  detail  the 

20 


"Ml 


monthly  receipts  of  each  officer  and  the  monthly  expenses  of 
each  office  for  the  preceding  fiscal  year,  together  with  all  other 
expenses  of  the  county  for  the  said  year.  In  this  report,  he  shall 
also  include  the  amount  of  estimated  expenses  of  said  year,  as 
submitted  by  each  officer,  and  the  actual  expenses  incurred  by 
each  office  during  the  year,  and  he  must  also  show  therein  the 
expenses  of  each  office  for  the  two  preceding  years.  He  must 
also  include  therein  a  complete  balance  sheet  of  the  financial 
condition  of  the  county,  and  a  detailed  statement  setting  forth 
the  sources  and  amounts  of  all  revenues  received  by  the  county, 
all  indebtedness  existing  and  outstanding  against  the  county  on 
the  thirtieth  day  of  June  of  said  year,  the  total  assessed  value 
of  all  property  in  the  county  as  shown  by  the  last  assessment, 
the  tax  rate,  as  levied  by  the  Board  of  Supervisors,  the  actual 
amount  of  taxes  paid  into  the  county,  and  the  total  amount  of 
delinquent  taxes  remaining  unpaid  on  the  thirtieth  day  of  April 
of  said  year.  He  shall  also,  in  connection  with  said  report,  make 
up  an  annual  budget  showing  the  amount  of  taxes  proposed  to 
be  raised  for  the  ensuing  fiscal  year,  and  the  specific  purposes 
for  which  the  same  are  to  be  raised.  Such  report,  when  so  com- 
pleted, shall  be  submitted  to  the  County  Manager  for  his  written 
suggestions  relative  thereto,  and  said  report,  together  with  the 
Manager's  suggestions  relative  thereto,  shall  be  printed  in 
pamphlet  form  prior  to  August  tenth,  and  distributed  to  all 
citizens  and  taxpayers  of  the  county  who  ask  for  the  same,  on  or 
after  said  date. 

ARTICLE  XIV. 

Annual  Budget. 

Section  1.  When  the  Auditor  has  completed  his  annual  bud- 
get, and  the  County  Manager  has  made  his  written  recommenda- 
tions relative  thereto,  and  the  same  has  been  printed  and  distri- 
buted, as  hereinbefore  provided,  it  shall  be  submitted  to  the 
Board  of  Supervisors  for  approval.  In  passing  upon  the  budget, 
the  Board  of  Supervisors  may  eliminate  or  reduce  the  amount 
of  any  item,  but  in  no  case  may  it  increase  the  estimate  as  made 
by  the  Manager  in  his  recommendations,  although  it  may  re- 
quest that  officer  to  reconsider  his  estimate  on  any  particular 
item  thereof.  If  the  Manager,  for  good  reasons,  raises  the  es- 
timate, then  the  Board  may  adopt  the  raised  estimate.  In  making 
up  the  budget,  a  county  office  emergency  fund,  not  to  exceed  ten 
thousand  dollars,  shall  be  included.  This  fund  may  be  drawn 
upon  in  emergencies,  but  only  after  the  written  recommendation 
of  the  County  Manager  and  a  resolution  of  approval  by  the 
affirmative  votes  of  seven  members  of  the  Board  of  Supervisors. 
This  Emergency  Fund  must  be  maintained  solely  for  the  county 
officials  other  than  the  Board  of  Snpervisors.  There  shall  also 
be  included  in  the  budget  an  amount  sufficient  to  support  the 
work  of  the  Civil  Service  Commission,  and,  for  this  purpose,  the 
Board  of  Supervisors  shall  annually  levy  and  collect  a  tax  on  all 
taxable  property  in  the  county,  at  the  rate  of  not  less  than  one 
cent  on  each  one  hundred  dollars  of  the  assessed  value  thereof. 

Section  2.    There  shall  also  be   included   in   the   budget   an 

21 


amount  sufficient  to  support  the  work  of  the  Board  of  Public 
Welfare,  and,  for  this  purpose,  the  Board  of  Supervisors  shall 
annually  levy  and  collect  a  tax  on  all  taxable  property  in  the 
County  at  the  rate  of  twenty  cents  on  each  one  hundred  dollars 
of  the  assessed  valuation  thereof. 

Section  3.  The  Auditor  shall  have  an  annual  report  of  the 
financial  condition  of  the  County  printed  in  pamphlet  form  in 
manner  to  be  designated  by  the  Manager ;  one  printed  copy  of 
said  report  to  be  filed  with  the  Board  of  Snpervisors,  nineteen 
copies  with  the  Grand  Jury,  one  with  each  Judge  of  the  Superior 
Court,  and  the  remainder  thereof  for  general  distribution.  This 
report  shall  be  in  lieu  of  the  report  required  by  general  law  to  be 
published  by  the  Board  of  Supervisors. 

Section  4.  No  claim  shall  be  allowed  against  the  County,  or 
paid,  unless  the  same  shall  have  been  checked  and  approved,  in 
writing,  by  the  Auditor,  as  within  the  budget. 

ARTICLE  XV. 
Assessor  and  Board  of  Appraisers. 

Section  1.  The  County  Assessor  shall  be  appointed  by  the 
Civil  Service  Commission  from  their  certified  list,  and  shall  hold 
office  until  removed  for  cause,  as  in  this  Charter  provided. 

Section  2.  There  is  hereby  created  a  County  Board  of  Apprais- 
ers. It  shall  consist  of  three  members,  to  be  appointed  by  the 
County  Manager;  each  member  thereof  shall  be  a  qualified 
elector  of  the  County  of  San  Diego  and  shall  be  a  freeholder 
thereof. 

Section  3.  It  shall  be  the  duty  of  said  Board  of  Appraisers  to 
appraise  the  real  property  of  the  County  of  San  Diego  at  its 
full  cash  value  once  every  four  years,  in  such  form  as  may  be 
prescribed  by  the  Manager.  In  determining  said  work  of  ap- 
praisement, the  Board  of  Appraisers  shall  work  in  conjunction 
with  the  Assessor,  and  it  shall  also  attend  the  sessions  of  the 
County  Board  of  Equalization  each  year  and  advise  with  the 
said  Board  as  to  the  raising  and  lowering  of  any  assessment. 

Section  4.  The  compensation  of  each  of  said  appraisers  shall 
be  five  dollars  per  day  for  a  period  not  exceeding  sixty  days  for 
each  appraisement  year  for  making  said  appraisement,  and  for 
such  further  time  as  he  may  be  before  the  Board  of  Equalization, 
not  to  exceed  twenty  days  for  each  year,  together  with  all  actual 
and  necessary  traveling  expenses,  said  expenses,  however,  to  be 
subject  to  the  approval  of  the  County  Manager.  The  County 
Manager  shall  provide  said  Board  with  such  supplies  as  shall  be 
necessary  for  the  performance  of  its  work,  and  shall  provide  it 
with  an  office  in  the  County  Court  House  when  needed. 

ARTICLE  XVL 

Civil  Service. 

Section  1.  There  shall  be  a  Civil  Service  Commission,  consist- 
ing of  three  commissioners,  one  of  said  commissioners  shall  be 
appointed  by  the  Governor  of  the  State  of  California;  one  of 
said  commissioners  shall  be  appointed  by  a  majority  of     the 

22 


•wwailH 


Judges  of  the  Superior  Court  in  and  for  the  County  of  San  Diego, 
and  one  of  said  commissioners  shall  be  appointed  by  the  Board 
of  Supervisors  of  the  County  of  San  Diego;  said  appointments 
to  be  made  within  thirty  days  after  this  Charter  shall  be  rati- 
fied by  the  Legislature.  Each  of  said  commissioners  shall  serve 
for  six  years  and  until  his  successor  is  appointed  and  qualified, 
and  said  three  persons  so  appointed  shall  so  classify  themselves 
that  one  shall  serve  for  two  years,  one  shall  serve  for  four  years, 
and  one  shall  serve  for  six  years,  and,  thereafter,  each  commis- 
sioner shall  serve  for  a  term  of  six  years ;  and  the  successor  to 
the  commissioner  appointed  by  the  Board  of  Supervisors  shall 
be  selected  by  the  Board  of  Supervisors;  and  the  successor  to 
the  commissioner  appointed  by  the  Superior  Judges  shall  be 
appointed  by  the  Superior  Judges ;  and  the  successor  to  the  com- 
missioner appointed  by  the  Governor  of  the  State  of  California 
shall  be  selected  by  the  Governor  of  the  State  of  California ;  and 
any  vacancy  in  any  position  shall  be  filled  by  the  appointing 
power  whose  duty  it  was  to  make  the  original  appointment.  No 
more  than  one  member  of  said  commission  shall  be  an  adherent 
of  the  same  political  party.  No  member  shall  any  other  office 
of  the  County  or  any  County  employment,  nor  shall  he  have 
been,  within  the  year  next  preceding  his  appointment,  an  execu- 
tive or  committeeman  in  any  political  organization.  Each  mem- 
ber shall  have  been  a  resident  of  the  County  for  the  five  years 
next  preceding  his  appointment,  and  his  name  shall  be  upon  the 
County  assessment  roll  at  the  time  thereof. 

Section  2.  The  Board  of  Supervisors,  by  an  affirmative  vote 
of  seven  of  its  members,  may  remove  a  member  of  the  Com- 
mission during  his  term  of  office,  but  only  upon  stating  in  writing 
the  reasons  for  such  removal,  and  allowing  such  commissioner 
an  opportunity  to  be  publicly  heard  in  his  own  defense. 

Section  3.  The  Commission  shall  elect  one  of  its  members  as 
President,  and  shall  appoint  and  fix  the  compensation  of  a  Chief 
Examiner,  who  shall  also  act  as  Secretary  of  the  Commission. 
This  position  shall  be  in  the  competitive  class. 

Section  4.  The  Commission  jnay  appoint  and  fix  the  compen- 
sation of  such  other  subordinates  as  may  be  necessary  in  the 
proper  performance  of  the  work. 

Section  5.  Each  member  of  the  Commission  shall  receive  a 
compensation  of  ten  dollars  for  each  meeting  thereof  attended 
by  him,  not  to  exceed  five  meetings  in  any  one  calendar  month. 

Section  6.  For  the  support  of  the  work  of  the  Commission, 
the  Board  of  Supervisors  shall  annually  levy  and  collect  a  tax  on 
all  taxable  property  in  the  County,  at  the  rate  of  not  less  than 
one  cent  on  each  one  hundred  dollars  of  the  assessed  valuation 
thereof.  Any  part  of  the  tax  so  collected  for  the  fiscal  year, 
not  expended  during  such  fiscal  year  or  required  to  defray  ex- 
penses during  such  year,  shall,  at  the  end  of  the  fiscal  year,  be 
placed  in  the  general  fund  of  the  County. 

Section  7.  The  Civil  Service  of  the  County  is  hereby  divided 
into  the  unclassified  and  classified  service.  The  unclassified  ser- 
vice shall  comprise : 

23 


(a)  The  General  Manager,  who  shall  be  certified  in  the  man- 
ner hereinafter  provided; 

(b)  All  officers  elected  by  the  people ; 

(c)  The  County  Counsel,  who  shall  be  certified  in  the  manner 
hereinafter  prescribed. 

(d)  Special  Counsel  and  Special  Detectives  under  temporary 
employment ; 

(e)  In  the  office  of  the  Sheriff,  the  Under  Sheriff;  in  the 
office  of  the  Treasurer,  the  Chief  Deputy ;  and  in  the  office  of  the 
District  Attorney,  his  assistant  or  chief  deputy; 

(f )  Superintendent  of  Schools ; 

(g)  Members  of  the  County  Board  of  Education ; 
(h)     Members  of  the  Civil  Service  Commission; 

(i)  All  officers  and  other  persons  serving  the  County  without 
compensation. 

The  classified  service  shall  include  all  other  officers,  deputies, 
employees  and  positions  now  existing  or  hereinafter  created. 

Section  8.  Whenever  the  position  of  County  Manager  is  to  be 
filled,  the  Civil  Service  Commission  shall  certify  to  the  Board 
of  Supervisors  the  names  of  not  less  than  three  men  qualified 
by  experience,  training  and  reputation  for  said  position,  and 
shall  not  be  confined  in  said  recommendations  by  any  limita- 
tions as  to  residence,  except  that  each  of  the  persons  so  certified 
shall  be  a  citizen  of  the  United  States,  and  said  certification  shall 
be  made  only  after  a  thorough  investigation  by  said  Commission 
of  the  training,  experience  and  qualification  of  said  men  so 
certified. 

Section  9.  Whenever  the  position  of  County  Counsel  is  to  be 
filled,  the  commission  shall  certify  to  the  Board  of  Supervisors 
the  names  of  three  men,  residents  of  the  County  of  San  Diego, 
State  of  California,  who  have  resided  therein  not  less  than 
twelve  months,  and  who  are  qualified  by  education;  training  and 
experience  to  fill  said  position. 

Section  10.  The  Commission  shall  prescribe,  amend  and  en- 
force rules  for  the  classified  service,  which  shall  have  the  force 
and  effect  of  law;  shall  keep  minutes  of  its  proceedings  and 
records  of  its  examinations,  ana  shall,  as  a  Board  or  through  a 
single  Commissioner,  make  investigations  concerning  the  en- 
forcement and  effect  of  this  Article  and  of  the  rules  and  effi- 
ciency of  the  service.  It  shall  make  an  annual  report  to  the 
Board  of  Supervisors. 

The  rules  shall  provide: 

(1)  For  the  classification  of  all  positions  in  the  classi- 
f           fied  service. 

(2)  For  open  competitive  examinations  to  test  the 
relative  fitness  of  applicants  for  such  positions. 

(3)  For  public  advertisement  of  all  examinations. 

(4)  For  the  creation  of  eligible  lists  upon  which  shall 
be  entered  the  names  of  successful  candidates  in  the 
order  of  their  standing  in  examination.  Such  lists  shall 
remain  in  force  not  longer  than  two  years. 

(5)  For  the  rejection  of  candidates  or  eligibles  who 
fail  to  comply  with  the  reasonable  requirements  of  the 


24 


i,i""l,Ht'  "".t^ 


Commission  in  regard  to  age,  residence,  sex,  physical  con- 
dition, or  who  have  been  guilty  of  crime  or  of  mfamous 
or  disgraceful  conduct,  or  who  have  attempted  any  de- 
ception or  fraud  in  connection  with  an  examination. 

(6)  For  the  appointment  of  one  of  the  three  persons 
standing  highest  on  the  appropriate  list. 

(7)  For  a  period  of  probation  not  to  exceed  six  months, 
before  appointment  or  promotion  is  made  complete,  dur- 
ing which  period  a  probationer  may  be  discharged  or  re- 
duced with  the  consent  of  the  Commission. 

(8)  For  non-competitive  examinations  for  minor  posi- 
tions in  the  County  institutions,  when  competition  is 
found  to  be  impracticable. 

(9)  For  temporary  employment  of  persons  on  the  eli- 
gible list  until  the  list  of  the  class  covering  temporary 
employment  is  exhausted;  and,  in  cases  of  emergency, 
for  temporary  employment  without  examination,  with 
the  consent  of  the  Commission,  after  the  eligible  list  has 
been  exhausted.  But  no  such  temporary  employment 
shall  continue  longer  than  sixty  days,  nor  shall  successive 
temporary  appointments  be  allowed.  Nor  shall  the  ac- 
ceptance or  refusal  to  accept  such  temporary  appoint- 
ment on  the  part  of  a  person  on  the  eligible  list,  be  a  bar 
to  appointment  to  a  permanent  position  from  said  eligible 
list. 

(10)  For  transfer  from  one  position  to  a  similar  posi- 
tion in  the  same  class  and  grade  and  for  reinstatement 
within  one  year  of  persons  who,  without  fault  or  delin- 
quency on  their  part,  are  separated  from  the  service  or 
reduced. 

(11)  For  promotion  based  on  competitive  examination 
and  records  of  efficiency,  character,  conduct  and  senior- 
ity. Lists  shall  be  created  and  promotions  made  there- 
from in  the  same  manner  as  prescribed  for  original  ap- 
pointment. An  advancement  in  rank  or  an  increase  in  sal- 
ary beyond  the  limit  fixed  for  the  grade  by  the  rules  shall 
constitute  promotion.  Whenever  practicable,  vacancies, 
shall  be  filled  by  promotion. 

(12)  For  suspensions  for  not  longer  than  thirty  days 
and  for  leaves  of  absence. 

(13)  For  discharge  or  reduction  in  rank  or  compensa- 
tion after  appointment  or  promotion  is  complete,  only 
after  the  person  to  be  discharged  or  reduced  has  been 
presented  with  the  reasons  for  such  discharge  or  reduc- 
tion, specifically  stated,  and  has  been  allowed  a  reason- 
able time  to  reply  thereto  in  writing.  The  reasons  and 
the  reply  must  be  filed  as  a  record  with  the  Commission. 

(14)  For  the  appointment  of  unskilled  laborers  and 
such  skilled  laborers  as  the  Commission  may  determine- 
in  the  order  of  priority  of  application  after  such  test& 
of  fitness  as  the  Commission  may  prescribe. 

(15)  For  the  establishment  of  a  Bureau  of  Efficiency 
consisting  of  the  Commission,  the  secretary  thereof  and 

25 


the  County  Manager,  for  the  purpose  of  determining  the 
duties  of  each  position  in  the  classified  service,  fixing 
standards  of  efficiency,  investigating  the  methods  of 
operation  of  the  various  departments,  and  recommending 
to  the  Board  of  Supervisors  and  department  heads,  meas- 
ures for  increasing  individual,  group  and  departmental 
efficiency,  and  providing  for  uniformity  of  competition 
and  simplicity  of  operation.  The  Commission  shall  as- 
certain and  record  the  comparative  efficiency  of  employ- 
ees in  the  classified  service,  and  shall  have  power,  after 
hearing,  to  dismiss  from  the  service  those  who  fall 
below  the  standard  of  efficiency  established. 

(16)  For  the  adoption  and  amendment   of   rules   only 
after  public  notice  and  hearing. 
Th^  Commission  shall  adopt  such  other  rules,  not  inconsis- 
tent with  the  foregoing  provisions  of  this  section,  as  may  be 
necessary  and  proper  for  the  enforcement  of  this  Article. 

Section  11.  In  case  of  a  vacancy  in  a  position  requiring  pe- 
culiar and  exceptional  qualifications  of  a  scientific,  professional 
or  expert  character,  upon  satisfactory  evidence  that  competi- 
tion is  impracticable,  and  that  the  position  can  best  be  filled  by 
the  selection  of  some  designated  person  of  recognized  attain- 
ments, the  Commission  may,  after  public  hearing  and  by  the  af- 
firmative vote  of  all  three  members  of  the  Commission,  suspend 
competition,  but  no  such  suspension  shall  be  general  in  its  ap- 
plication to  such  positions,  and  all  such  cases  of  suspension 
shall  be  reported,  together  with  the  reasons  therefor,  in  the 
annual  reports  of  the  Commission. 

Section  12.  All  examinations  shall  be  impartial,  and  shall 
deal  with  the  duties  and  requirements  of  the  position  to  be 
filled.  When  oral  tests  are  used,  a  record  of  the  examination 
showing  basis  of  rating,  shall  be  made.  Examinations  shall  be 
in  charge  of  a  Chief  Examiner,  except  when  members  of  the 
Commission  act  as  examiners.  The  Commission  may  call  on 
other  persons  to  draw  up,  conduct  or  mark  examinations,  and, 
when  such  persons  are  connected  with  the  County  service,  it 
shall  be  deemed  a  part  of  their  official  duties  to  act  as  exam- 
iners without  extra  compensation. 

Section  13.  The  Commission  shall  maintain  a  civil  list  of  all 
persons  in  the  County  service,  showing  in  connection  with  each 
name  the  position  held,  the  date  and  character  of  every  appoint- 
ment and  of  every  subsequent  change  in  status.  Each  appoint- 
ing officer  shall  promptly  transmit  to  the  Commission  all  infor- 
mation required  for  the  establishment  and  maintenance  of  said 
civil  list. 

Section  14.  The  Auditor  shall  not  approve  any  salary  or  com- 
pensation for  services  to  any  person  holding  or  performing  the  ■ 
duties  of  a  position  in  the  classified  service,  unless  the  pay  roll 
or  account  for  such  salary  or  compensation  shall  bear  the  certifi- 
cate of  the  Commission  that  the  persons  named  therein  have 
been  appointed  or  employed  and  are  performing  service  in  ac- 
cordance with  the  provisions  of  this  Article  and  of  the  rules  es- 
tablished thereunder. 

26 


Section  15.  Charges  against  any  person  in  the  classified  ser- 
vice may  be  made  to  the  Commission  by  any  elector  of  the 
County,  such  charges  to  be  in  writing. 

Section  16.  In  any  investigation  conducted  by  the  Commis- 
sion, it  shall  have  the  power  to  subpoena  and  require  the  at- 
tendance of  witnesses  and  the  production  thereby  of  books  and 
papers  pertinent  to  the  investigation,  and  each  Commissioner 
shall  have  the  power  to  administer  oaths  to  such  witnesses. 

Section  17.  No  person  in  the  classified  service,  or  seeking  ad- 
mission thereto,  shall  be  appointed,  reduced,  removed  or  in  any 
way  favored  or  discriminated  against  because  of  his  political  or 
religious  opinions  or  affiliations. 

Section  18.  No  officer  or  employee  of  the  County,  in  the  clas- 
sified service,  shall,  directly  or  indirectly,  solicit  or  receive,  or 
be  in  any  manner  concerned  in  soliciting  or  receiving,  any  as- 
sessment, subscription  or  contribution  for  any  political  party  or 
political  purpose  whatever.  No  person  shall,  orally  or  by  letter, 
solicit,  or  be  in  any  manner  concerned  in  soliciting,  any  assess- 
ment, subscription,  or  contribution  for  any  political  party  or 
purpose  whatever  from  any  person  holding  a  position  in  the 
classified  service. 

Section  19.  No  person  holding  a  position  in  the  classified  ser- 
vice shall  take  any  part  in  political  management  or  affairs,  or  in 
political  campaigns,  further  than  to  cast  his  vote  and  to  ex- 
press privately  his  opinions. 

Section  20.  Any  person  wilfully  violating  any  of  the  pro- 
visions of  this  Article,  or  of  the  rules  established  thereunder, 
shall  be  guilty  of  misdemeanor. 

Section  21.  The  Civil  Service  Conimission  is  hereby  author- 
ized and  empowered  to  call  to  its  aid  and  assistance  in  estab- 
lishing and  maintaining  the  complete  working  of  Civil  Service 
in  San  Diego  County,  according  to  modern  civil  service  princi- 
ples, the  Bureau  of  Civil  Service  established  by  the  United 
States  Government,  and  to  expend  from  the  Civil  Service  Fund 
the  amount  of  money  necessary  to  secure  such  assistance  in 
establishing  and  maintaining  such  a  department. 

Section  22.  The  Civil  Service  Commission  shall,  whenever 
lawfully  requested  so  to  do,  by  any  municipality  or  district  in  the 
County  of  San  Diego,  perform  all  the  duties  of  a  Civil  Service 
Commission  for  said  municipality  or  district,  in  the  same  man- 
ner as  is  herein  provided  that  it  shall  perform  them  for  the 
County  of  San  Diego,  the  compensation  to  be  paid  therefor  by 
said  municipality  or  district  to  be  fixed  by  ordinance  of  the  Board 
of  Supervisors;  said  compensation,  however,  not  to  be  in  excess 
of  the  actual  cost  to  the  County  of  performing  said  service. 

Section  23.  The  Civil  Service  Commission  shall  advise  with 
and  assist  the  Board  of  Supervisors  in  fixing  the  initial  salary 
schedule  for  the  officers,  deputies  and  employees  under  the  pro- 
visions of  this  Charter. 

Section  24.  The  Civil  Service  Commission  shall  appoint  the 
County  Auditor  and  the  County  Assessor  from  its  certified  lists 
whenever  there  is  a  vacancy  in  said  offices,  or  either  of  them. 

27 


Section  25.  The  compensation  of  any  elected  county  or  town- 
ship officer  shall  not  be  increased  for  the  term  during  which 
he  was  elected,  nor  within  ninety  days  preceding  his  election. 
No  compensation  for  any  position  under  civil  service  shall  be  in- 
creased or  reduced  without  the  consent  of  the  Civil  Service 
Commission  specifically  given  therefor,  in  writing. 

ARTICLE  XVII. 

Consolidation  of  City  and  County  Offices 

Section  1.  The  County  Assessor,  County  Auditor,  County  Tax 
Collector  and  County  Treasurer,  shall,  upon  the  request  of  any 
municipality  in  the  County  of  San  Diego,  assume  and  perform 
for  said  municipality,  so  requesting  it,  all  the  duties  of  their 
offices  pertaining  to  the  assessment  and  collection  of  taxes  and 
disbursements  of  moneys  for  said  municipalities.  And  the  Board 
of  Supervisors  shall,  by  ordinance,  provide  for  the  assessment 
and  collection  of  all  taxes  for  said  municipalities  whenever  law- 
fully requested  by  them  that  such  assessments  and  collections 
be  made  by  the  proper  County  officers;  the  compensation  to  be 
paid  therefor  to  the  County  of  San  Diego  to  be  fixed  by  ordinance 
of  the  Board  of  Supervisors,  said  compensation,  however,  not  to 
exceed  the  estimated  actual  cost  to  the  County  of  performing 
said  service. 

ARTICLE  XVIIL 
Labor. 

Section  1.  In  the  employment  of  persons  in  the  service  of 
the  County,  where  sex  does  not  actually  disqualify  and  where 
the  quality  and  quantity  of  service  is  equal,  there  shall  be  no 
discrimination  in  selection  or  compensation  on  account  of  sex. 

Section  2.  Eight  hours  of  labor  shall  constitute  a  day's  work 
for  officers,  deputies,  stenographers,  mechanics,  laborers  and  all 
other  employees  of  the  County,  exclusive  of  time  going  to  or 
coming  from  the  place  of  employment. 

Section  3.  Every  person  who  shall  have  been  in  the  service 
of  the  County  continuously  for  one  year  shall  be  allowed  a  vaca- 
tion of  two  weeks  on  full  pay  annually.  Every  County  office  shall 
be  open  for  the  transaction  of  business  from  nine  o'clock  a.  m.  to 
five  o'clock  p.  m.,  except  on  holidays. 

Section  4.  The  Board  of  Supervisors  shall  prohibit  enforced 
labor  without  compensation  as  a  penalty  for  the  commission  of 
public  off'enses.  The  net  earnings  of  all  County  prisoners,  based 
upon  reasonable  compensation  for  services  performed,  shall  go 
to  the  support  of  their  dependents,  and,  if  such  prisoners  have 
no  dependents,  such  net  earnings  shall  accumulate  and  be  paid 
to  them  upon  their  discharge. 

ARTICLE  XIX. 

Miscellaneous. 

Section  1.  This  Charter  shall  go  into  effect  and  shall  be  opera- 
tive from  and  after  the  date  of  its  ratification  by  the  Legislature 

28 


of  the  State  of  California,  excepting  in  the  particulars  in  this 
Charter  provided,  including  initiative,  referendum  and  recall 
proceedings. 

Section  2.  The  Constitution  and  General  Laws  of  the  State  of 
California  shall  apply  to  all  matters  not  specifically  provided  for 
in  this  Charter. 

Section  3.  If  any  particular  section  or  part  of  this  Charter 
shall,  for  any  reason,  be  judicially  determined  to  be  invalid,  such 
invalidity  shall  not  affect  the  remaining  portion  thereof. 

Section  4.  Nothing  in  this  Charter  shall  be  construed  to 
affect  the  term  of  office  of  any  of  the  elective  officers  of  the 
County  and  of  the  townships  thereof,  in  office  at  the  time  this 
Charter  goes  into  effect,  and  such  officers  shall  continue  to  hold 
their  respective  offices  until  the  expiration  of  the  term  for 
which  they  were  elected,  unless  sooner  removed  in  the 
manner  provided  by  law;  but  the  successors  of  each  and  all  of 
said  officers  shall  be  elected  or  appointed  as  in  this  Charter  pro- 
vided, and  not  otherwise.  As  to  all  assistants,  deputies  and  em- 
ployees of  the  elected  or  appointed  officers  of  the  County,  and 
other  employees  of  the  County,  this  Charter  shall  become  ef- 
fective and  in  operation  from  and  after  the  first  day  of  July,  A. 
D.  nineteen  hundred  and  seventeen,  and  all  the  vacancies  thus 
created  shall  be  filled  in  the  manner  as  in  this  Charter  provided, 
except  that  incumbents  shall  retain  their  positions  until  their 
successors  are  appointed.  Where  a  consolidation  of  offices  has 
been  provided  for  in  this  Charter,  the  same  shall  go  into  effect 
on  the  first  Monday  after  the  first  day  of  January,  A.  D.  nine- 
teen hundred  and  nineteen;  provided  that,  should  a  vacancy 
occur  in  any  office  so  consolidated  with  any  other,  prior  to  said 
date,  from  any  cause,  such  vacancy  shall  not  be  filled,  but  the 
consolidation  as  to  such  office  shall  go  into  effect  immediately 
upon  the  happening  of  such  vacancy. 

Section  5.  The  salaries  of  all  township  officers,  and  all  County 
officers  and  employees,  shall  remain  as  the  same  are  now  fixed 
by  the  Board  of  Supervisors  or  by  law,  until  the  first  day  of 
July,  A.  D.  nineteen  hundred  and  seventeen;  thereafter  they 
shall  be  fixed  and  paid  in  amount  and  manner  in  this  Charter 
provided. 

Section  6.  The  words  included  in  this  Charter  in  the  mascu- 
line gender  include  the  feminine,  and  the  singular  includes  the 
plural  where  the  text  so  requires. 

Section  7.  The  District  Attorney,  Public  Defender,  County 
Counsel,  their  assistants,  deputies  and  stenographers  shall 
not  engage  in  any  private  law  practice  during  the  term  of 
their  offices  or  employments,  and  each  and  all  of  the  elective  and 
appointive  County  officers  and  employees  shall  devote  all  their 
time  and  attention  during  business  hours  exclusively  to  the 
duties  of  their  respective  offices;  provided,  however,  that  this 
section  shall  not  apply  to  the  Board  of  Supervisors,  the  Civil 
Service  Commission,  the  Board  of  Public  Welfare,  and  appointive 
officers  not  receiving  a  compensation. 

Section  8.  The  Public  Administrator  shall  pay  into  the 
County  Treasury  all  fees  collected  by  him  for  administering  upon 

29 


any  estate,  either  as  executor,  administrator  with  the  will  an- 
nexed, or  administrator,  as  soon  as  received,  and  the  salary  of  the 
Public  Administrator  is  fixed  at  the  sum  of  eighteen  hundred 
dollars  per  annum  from  July  first,  nineteen  hundred  and  seven- 
teen, until  the  first  Monday  after  the  first  day  of  Jaunary,  nine- 
teen hundred  and  nineteen ;  and  the  County  Counsel,  as  soon  as 
appointed,  shall  be  attorney  for  said  Public  Administrator;  and 
the  said  Public  Administrator  is  prohibited  from  employing  any 
special  counsel  whatever  in  the  conduct  of  the  estates  handled  by 
him  as  Public  Administrator. 

Section  9.  No  agent,  attorney,  stockholder  or  employee  of  any 
firm  or  association  or  corporation,  doing  business  under  and  by 
virtue  of  any  franchise  granted  by,  or  contract  made  with  the 
County  of  San  Diego,  nor  shall  any  person  doing  business  with 
said  County,  nor  shall  any  person  financially  interested  in  any 
franchise  or  contract,  be  eligible  to  or  hold  any  appointive  office 
in  the  County  of  San  Diego. 

Section  10.  It  shall  be  the  duty  of  the  Governor,  within  thirty 
days  after  this  Charter  is  ratified  by  the  Legislature  of  the  State 
of  California,  to  appoint  Supervisors  for  the  Third,  Sixth,  Sev- 
enth and  Eighth  Districts,  to  serve  as  such  until  the  election 
and  qualification  of  their  successors  under  the  provisions  of 
this  Charter.  It  shall  also  be  the  duty  of  the  Governor  to  make 
any  and  all  other  appointments  to  appointive  offices  provided  in 
this  Charter,  in  the  event  that  the  appointive  power,  as  provided 
in  this  Charter,  shall  fail  to  make  the  proper  appointment  within 
thirty  days  after  the  time  provided  in  this  Charter  for  it  or  them 
to  make  such  appointments. 

Section  11.  Should  this  Charter  not  be  ratified  by  the  Legis- 
lature prior  to  July  first,  nineteen  hundred  and  seventeen,  then, 
and  in  that  event,  this  Charter  shall  go  into  effect  for  all  pur- 
poses sixty  days  after  its  ratification  by  the  Legislature. 

We,  the  undersigned,  members  of  the  Board  of  Freeholders 
of  the  County  of  San  Diego,  State  of  California,  elected  at  a  gen- 
eral election  held  in  said  County  on  the  seventh  day  of  November, 
nineteen  hundred  and  sixteen,  to  prepare  and  propose  a  Charter 
for  said  County  in  accordance  with  the  provisions  of  Section 
7  1-2,  Article  11,  Constitution  of  the  State  of  California,  have 
prepared  and  do  hereby  propose  the  foregoing  as  a  Charter  for 
said  County. 

SAM  FERRY  SMITH,  Chairman, 

R.  C.  ALLEN, 

WILLIAM  R.  ANDREWS, 

HORACE  AUGHE, 

JUDSON  BENT, 

GEO.  A.  GARRETT, 

EDWARD  L.  HARDY, 

MATHIAS  F.  HELLER, 

I.  ISAAC  IRWIN, 

GEORGE  W.  MARSTON, 

J.  N.  TURRENTINE, 

W.  W.  WHITSON. 

so 


■vMMiafn^ 


■:"W"fff 


■:* 


UNIFICATION  OF  LOCAL 
GO VERMENTS  IN  CHICAGO 


REPORT     PREPARED      BY      THE 
CHICAGO  BUREAU  OF  PUBLIC  EFFICIENCY 


JANUARY.  1917 


the    IliidKet    of    Cook    Coi 


nt  the  City  iti  Ci. 


thv  Ilonrd  of  Election  CommlaHloiir'rs 
(Out   of   I'rint.) 


Street  PaTeniPnt  hnUl  In  the  City  of  CIilcaKOt  An  Inquiry  Into  Paving  MaterlniN, 
MctbodH  aud  Re«alt«.     Jone,  l«n.     (Owt  of  Print.) 

KlectroIyNls  of  Water  Pipe*  lu  <l.e  City  of  ClilcnKO.     July,  1011.     (Out  of  Print.) 

AdmlnSntratlOM  of  the  OfUee  of  Uecordcr  of  Cook  County,  Illlnola.  September, 
1»11. 

A  Plen  for  PuIiImi"  in  Oie  OlVu-e  of  County  Trensurer.  October,  1011.  (Out  of 
Print.) 

UepnIrlnB  Asphalt  Pavement:  Woik  Done  for  the  City  of  Chlcajjo  Cnder  Con- 
tract  of  1011.      October,  1911.      iOvt  of  Print.) 

The  Mniiiclpn)  Court  Act«:  Two  Belated  Proponltioiut  Upon  Which  the  Voters 
of  ChloaKO  Will  Be  Asked  to  Patts  Jad«ineBt  at  the  Election  of  November  7 — 
Vote  No.     October  SI,  1911.     (Out  of  Print.) 

The  Water  VTorks  System  of  the  City  of  Chicago,  lly  Dabney  H.  Alaury.  l>e- 
cember,  1911. 

Borean  of  Streetsj  Civil  «orvlce  OomniilMilon,  and  Special  AMnexsment  Account- 
ing System  of  the  City  of  Chleagro.     Deeember,  1911.     (Out  of  Print.) 

\drolnlHt ration   of  the   Office  of   Coroner   of   Cook   County,   nilnola.     December, 

1911. 
Adiulnlstratlon  of  the  Offlce  of  SherlfT  of  Cook  County,  IlllnoiM.     December,  1011. 

Admlniiitrntlon  of  the  Office  of  Clerk  of  the  Clrcvit  Court  and  of  the  Office  of  I 
Clerk  of  the  Sui>erior  Court  of  Cook  County,  Illlnola.     December,  1911.  ' 

1,4,     The  JtudKCB  rmd  the  County   Fei-  omcen.     Deccuiher  10,  1011.      (Out   of  Print.) 

General  Summary  and  ConeluiilonH  of  Report  on  the  Park  GovernmentN  of 
Chlcneo.     December,  1011. 

The  Park  Governmcnta  of  ChlcnKo:  An  Inquiry  Into  Their  OricnnUatlon  and 
methods  of  Administration.     December,  1911. 

Offlcew  of  the  ClerkN  of  the  Circuit  and  Superior  Conrta:  A  Supplcraentnl  In«ulr> 
Into  Their  Oricranlxatlou  and  Methoda  of  Admlnlatratlon.     November*  191::. 

Administration  of  the  Office  of  the  Clerk  of  the  County  Court  of  Cook  County, 
IlUuols.     November,  lOia. 

Office  of  Sheriff  of  Cook  County,  Illlnol«t  A  Supplemental  Inaulry  Into  <(» 
Origanlxatlon  and  JMctbodi*  of  AdmlnlMtratlon.     November,  191S. 

•■!nK  Cost  of  Elecilona  In  ChlcaKO  and  Cook  County.     December  30,  191::. 

r'otluK    Machine    Contract.      A    Proteat    AfCainat    It*    ReeoKnitloa    la    Any 
'     by  the  City  Council  of  the  City  of  Chicago.    Jaauary  h  19<S> 

of  the  County  Trrnnurer  of  Cook  County.  Illlnoia.    An  Intinlry  Into  the 

Oon    of    Itis    l<'lniiiM'c«    with    Special    Iteference    to    the   QueMtloii    <vf 

I    I>ii)>I|c  I'undH.      November,  lOlU. 

•  ii\   (lovernmcutK   In   ("hlruKO.     December,  ll>18< 

tw   lie  Voted   Upon    A|irll   7.   1014.     March  SO,  Xftl-l. 

I'Ml-Holly   In   tiic  ontci'  of  County   Treannrer.     July  0,  lOH. 

■  ■•<    iiit>M>-iitM  III  ClilcnK'u.     (Sfoond  Kdltlon.)      March,  1015. 


i 


UNIFICATION  OF  LOCAL 
GOVERNMENTS  IN  CHICAGO 


REPORT      PREPARED      BY      THE 
CHICAGO  BUREAU  OF  PUBLIC  EFFICIENCY 


315  PLYMOUTH  COURT 


CHICAGO    BUREAU 

OF 

PUBLIC  EFFICIENCY 


TRUSTEES 


Julius  Rosenwald,  Chairman 
Alfred  L.  Baker,  Treasurer 

Onward  Bates  Victor  Elting 

George  G.  Tunell  Allen  B.  Pond 

Walter  L.  Fisher  Frank  I.  Moulton 


Harris  S.  Kbbler,  Director 


TABLE  OF  CONTENTS. 


PAGE 

INTKODUCTION     5 

TEXT  OF  KEPORT   7 

I.     City  Government  in  the  United  States 7 

II.     The  City  Manager  Plan  for  Chicago 16 

III.     Chicago 's  Unification   Problem 20 

rV.    Benefits  of  Complete  Unification 29 

Useless  Overhead  Expense 30 

Enormous  Election  Costs 31 

Cumbersome  Assessing  Machinery 33 

What  the  Courts  Cost 34 

Expensive    Law    Departments 38 

Accounting   Agencies    40 

The  Purchase  of  Supplies  and  Materials 41 

Park  Consolidation    43 

Eent,  Light  and  Telephone  Service 44 

Sanitary  District   45 

Other  Economies  Possible   46 

Eecapitulation  of  Money  Savings 47 

The  Eeal  Need  for  Consolidation 49 

V.    Features  of  the  Eeorganization  Program  that  Can  Be  Put 

into  Effect  without  Changing  the  State  Constitution....  50 

VI.    First  Steps  in  the  Unification  Program 54 

Charts : 

The  Governmental  Situation  in  Chicago Opposite  18 

Organization   Proposed  for   a   Unified   Govern- 
ment of  Chicago *'  18 

Map: 

Sanitary  District  of  Chicago  and  the  City  of 

Chicago    * '  22 

APPENDIX  A— 

An  Argument  for  Court  Consolidation,  by  Herbert  Harley,  Sec- 
retary American  Judicature  Society 59 

APPENDIX  B— 

I.    Skeleton  Plan  of  Organization  for  a  Unified  Government 

for  Chicago 64 

n.  Tabular  Statement  Showing  Distribution,  under  Proposed 
Plan  of  Unification,  of  the  Functions  of  the  OfSces  and 
Departments  of  the  Present  Local  Governments  in  Chi- 
cago      69 


4  TABLE  OF  CONTENTS 

PAGE 

III.  List  of  Local  Governments  Now  Outside  the  Present  LimitB 
of  Chicago,  but  Within  the  Proposed  City  Limits,  which 
Would  Be  Abolished  by  Consolidation  and  the  Functions 
of  Which  Would  Be  Taken  Over  by  the  Unified  Munic- 
ipality         7C 

APPENDIX  C— 

I.     Calendar  of  Election   Events  in  Chicago  for  a  Period  of 

Years    78 

II.     Cost  of  Elections  in  Cook  Countr,  Chicago,  and  Cicero  for 

the  Year  1916 .* 80 

APPENDIX  D— 

Tables  of  Expenditures  for  the  Fiscal  Year  1915: 

1.  Summary  of  All  Local  Governments  in  Chicago 84 

2.  Summary   of  All  Local  Governments  Within  the  Pro- 

posed  City  Limits 85 

3.  City    of    Chicago 86 

4.  Cook    County    88 

5.  Sanitary   District   of   Chicago 90 

6.  South  Park  Commissioners 91 

7.  West  Chicago  Park  Commissioners 92 

8.  Lincoln  Park  Commissioners 93 

9.  Small  Park  Districts  Within  the  Present  Limits  of  Chi- 

cago         94 

10.  Cities    Outside    the    Present    Limits    of    Chicago,    but 

Within  the  Proposed  City  Limits 95 

11.  Small  Park  Districts  Outside  the  Present  Limits  of  Chi- 

cago, but  Within  the  Proposed  City  Limits 95 

12.  Villages  Outside   the   Present   Limits   of   Chicago,   but 

Within  the  Proposed  City  Limits 96 

13.  Townships  Outside  the  Present  Limits  of  Chicago,  but 

Within  the  Proposed  City  Limits 97 

14.  School  Districts  Outside  the  Present  Limits  of  Chicago, 

but  Within  the  Proposed  City  Limits 97 

APPENDIX  E— 
Charts: 

A  Plan  for  a  Metropolitan  Court  for  Chicago. 

Chart  Showing  Plan  of  Organization  and  Departmental  Expendi- 
tures of  the  City  of  Chicago  for  the  year  1915. 

Chart  Showing  Plan  of  Organization  and  Departmental  Expendi- 
tures of  the  County  of  Cook  for  the  Year  1915. 

Chart  Showing  Plan  of  Organization  and  Departmental  Expendi- 
tures of  the  Sanitary  District  of  Chicago  for  the  Year  1915. 

Chart  Showing  Plan  of  Organization  and  Departmental  Expendi- 
tures of  the  South  Park  Commissioners  for  the  Year  1915. 

Chart  Showing  Plan  of  Organization  and  Departmental  Expendi- 
tures of  the  West  Chicago  Park  Commissioners  for  the  Year 
1915. 

Chart  Showing  Plan  of  Organization  and  Departmental  Expendi- 
tures of  the  Lincoln  Park  Commissioners  for  the  Year  1915. 


INTRODUCTION. 


This  report  on  the  ' '  Unification  of  Local  Governments 
in  Chicago"  is  the  sequel  to  the  report  of  the  Chicago 
Bureau  of  Public  Efficiency  issued  in  1913,  entitled  ''The 
Nineteen  Local  Governments  in  Chicago,"  in  which  it 
was  declared  that  the  greatest  needs  of  Chicago  are  uni- 
fication of  its  local  governments  and  a  short  ballot. 

The  report  on  The  Nineteen  Local  Governments  in  Chi- 
cago [now  twenty-two]  showed  the  complexity  of  the 
governmental  mechanism  of  this  community.  The  task 
involved  in  working  out  a  detailed  solution  of  Chicago's 
problem  of  reorganization  and  consolidation  of  its  local 
governments,  with  enumeration  of  the  gains  in  efficiency 
and  in  money  economies,  is  an  enormous  one.  This  report 
does  not  purport  to  be  based  upon  a  thorough  detailed 
study  of  the  entire  situation,  but  rather  upon  a  broad 
survey  of  a  preliminary  nature.  It  was  thought  that  for 
present  purposes  this  broad  preliminary  survey  would 
be  the  more  useful. 

The  main  purpose  of  this  report  is  to  show  the  need 
for  complete  unification  of  the  local  governments  within 
the  metropolitan  community  of  Chicago  and  to  present  a 
simple  plan  of  responsible  governmental  organization 
under  which  greater  efficiency  might  be  expected  from 
public  officials. 

Unless  otherwise  specifically  indicated,  the  figures  and 
the  data  as  to  organization  used  in  this  report  relate  to 
governmental  conditions  for  the  year  1915,  that  being  the 
latest  fiscal  year  for  which  complete  figures  are  available. 

Mr.  George  C.  Sikes,  former  secretary  of  the  Bureau, 
was  specially  engaged  to  assist  in  the  preparation  of  this 
report.  Mr.  Clark  C.  Steinbeck,  of  the  Bureau  staff,  is 
deserving  of  special  mention  for  services  rendered  in 
connection  with  this  work. 

Chicago  Bueeau  of  Public  Efficiency, 

Harris  S.  Keeler, 

Director, 
January,  1917. 


UNIFICATION  OF  LOCAL  GOVERNMENTS  IN 
CHICAGO. 


Mounting  taxes,  without  corresponding  increase  in  the 
volume  and  quality  of  public  service,  continually  embar- 
rassed public  finances,  widespread  dissatisfaction  with 
local  administration,  and  frequent  clashes  of  the  different 
authorities  with  one  another,  force  this  community  to 
serious  consideration  of  the  question  of  the  fundamental 
reorganization  of  local  government. 

The  program  for  the  promotion  of  efficiency  and  econ- 
omy should  be  three-fold  in  nature : 

1.  The  effecting  of  such  improvements  in  service  and 
such  economies  as  are  possible  under  existing  laws  and 
constitutional  provisions. 

2.  The  passage  by  the  Illinois  Legislature  of  laws  for 
such  reorganization  in  the  interest  of  efficiency  and  econ- 
omy as  is  possible  under  the  present  Constitution. 

3.  Complete  unification  of  all  the  local  governments 
in  Chicago,  which  will  be  possible  only  after  extensive 
modifications  of  the  Constitution  of  the  State. 

The  second  and  third  features  of  this  three-fold  pro- 
gram are  the  ones  to  which  this  report  is  primarily 
devoted.  The  last  named  of  the  three  subjects — complete 
unification — will  be  considered  first. 

I.    CITY  GOVERNMENT  IN  THE  UNITED  STATES. 

Before  considering  the  specific  problem  which  con- 
fronts Chicago,  it  is  necessary,  in  order  better  to  under- 
stand that  problem,  to  take  a  preliminary  broad  survey  of 
the  history  of  the  organization  of  government  in  this 
country — ^national,  state,  and  local. 


8  Chicago  Burecm  of  Public  Efficiency 

City  government  in  the  United  States  is  a  reflection  in 
large  measure  of  the  form  of  the  national  government. 
In  the  copying  process,  however,  the  features  of  the  na- 
tional government  that  make  for  inefficiency  have  been 
magnified  in  state  laAvs  and  charters  applicable  to  mu- 
nicipalities. 

In  the  view  of  the  founders  of  the  American  republic, 
government  was  something  to  be  restrained  and  checked. 
Such  interference  w^ith  liberty  as  they  had  experi- 
enced had  been  at  the  hands  of  agencies  of  govern- 
ment. The  idea  that  government  might  become  too  weak 
to  protect  the  liberties  of  the  people  against  individuals 
or  combinations  of  powerful  private  interests,  or  to  func- 
tion efficiently  in  the  performance  of  public  duties,  did 
not  disturb  the  framers  of  the  American  Constitution. 
Their  deliberate  aim  was  to  tie  the  hands  of  government 
through  division  of  powers  and  a  system  of  checks  and 
balances,  so  that  it  could  not  easily  become  tyrannical. 
The  framers  of  the  Constitution  were  powerfully  influ- 
enced in  their  thought  and  Avork  by  the  writings  of  18th 
century  political  philosophers,  like  Montesquieu — 
theorists  and  doctrinaires  mth  little  practical  experience 
in  affairs  of  state.  The  plan  of  government  as  thus  de- 
vised and  developed  in  practice  is  in  many  respects  unique 
in  the  world's  history  and  has  few  counterparts,  except 
as  it  has  been  more  or  less  directly  copied  by  other  re- 
publics of  the  western  hemisphere,  which  naturally  looked 
to  the  United  States  as  the  model  of  republican  institu- 
tions. 

States  and  cities,  which  had  had  quite  different  forms 
of  government  before,  soon  imitated  the  national  model 
with  its  divided  powers  and  checks  and  balances.  The 
diffusion  of  autliority  was  carried  much  further,  how- 


Unification  of  Local  Governments  9 

ever,  so  that  today  the  government  of  the  United  States 
stands — in  comparison  with  most  state  and  city  govern- 
ments— as  an  example  of  simplicity  and  centralization 
of  authority.  In  form  the  government  of  the  United 
States  is  today  substantially  what  it  was  a  hundred  years 
ago.  It  has  grown  in  size  and  in  volume  of  activities. 
The  divisions  remain,  however,  as  they  were  at  the  be- 
ginning— legislative,  executive,  and  judicial — the  legisla- 
ture sub-divided  into  the  two  houses  of  Congress,  with 
the  veto  power  in  the  President. 

The  executive  power  has  not  been  weakened  by  the 
creation  of  a  large  number  of  separately  elected  adminis- 
trative officials,  as  is  the  case  with  the  states  and  the 
cities.  Not  only  have  local  communities  the  divided 
powers  and  the  checks  and  balances  of  the  national  gov- 
ernment, but  they  have  many  other  features  that  make 
for  friction  and  inefficiency^  There  are  overlapping  gov- 
ernments, independent  of  one  another.  There  are  boards 
and  commissions  of  various  sorts  exercising  a  variety  of 
powers,  usually  with  no  single  correlating  agency  to 
bring  about  harmonious  action  among  the  various  bodies 
for  the  promotion  of  the  public  welfare.  In  addition  there 
is  the  multiplicity  of  independent  elective  officials — legis- 
lative, administrative,  and  judicial.  There  is  also  an 
enormous  amount  of  judicial  interference  with  local  ad- 
ministration. 

Originally  American  cities  had  simple  forms  of  govern- 
ment, which  were  modified  after  the  adoption  of  the 
Federal  Constitution  to  conform  to  the  national  model. 
New  York  affords  an  extreme  illustration  of  the  changes 
that  have  taken  place.  From  the  time  of  the  Dongan 
charter  of  1686  do^vn  to  1830,  New  York  had  a  form  of 
municipal  government  much  like  that  of  a  British  city 


10  Chicago  Bureau  of  Public  Efficiency 

of  today.  Practically  all  the  power  was  centered  in  the 
city  council,  which  organized  and  controlled  all  the  execu- 
tive departments  and  chose  the  officers  to  fill  them.  For 
a  long  time,  it  is  true,  the  mayor  was  appointed  by  the 
governor  of  the  state,  but  his  duties  were  mainly  honor- 
ary, like  those  of  the  mayor  of  a  British  city.  In  the 
course  of  time,  however,  the  selection  of  the  mayor  was 
left  to  the  council. 

It  was  in  1830  that  the  movement  then  in  evidence 
throughout  the  country  to  make  city  government  conform 
to  the  national  model  came  to  a  head  in  New  York  City. 
A  charter  convention  assembled  in  1829  had  formulated 
charter  changes  that  were  enacted  into  law  by  the  Legis- 
lature of  1830.  The  plan  provided  for  a  two-chamber 
council,  an  elective  mayor  with  a  veto  power  and  other 
checks  and  balances. 

The  interpretative  comments  on  this  plan  by  E.  Dana 

Durand,  in  his  History  of  the  Finances  of  New  York  City, 

are  full  of  significance.    Mr.  Durand  said: 

''The  principles  expressed  by  the  Convention  of 
1829  are  of  great  interest.  Most  stress  was  perhaps 
laid  upon  the  separation  of  the  council  into  two 
boards,  'for  the  same  reason  which  has  dictated  a 
similar  division  of  power  into  two  branches,  each 
checking  and  controlling  the  other,  in  our  general 
government.'  Most  of  the  delegates  favored  also  a 
longer  term  for  the  upper  house,  aiming  to  make  it 
approximate  in  nature  to  the  United  States  Senate. 
A  provision  excluding  the  mayor  henceforth  from  the 
council  and  giving  him  the  veto  power  was  designed 
to  furnish  an  additional  check.  The  convention  pro- 
posed also  that  the  mayor  should  thereafter  be 
elected  by  the  people  instead  of  by  the  council,  but 
as  this  required  a  constitutional  amendment,  the 
change  was  not  effected  until  1834.  These  changes 
were  intended  also  to  aid  in  the  second  great  reform 


Unification  of  Local  Governments  11 

that  was  advocated, — the  division  of  executive  from 

legislative  power. 

•  •  • 

"From  all  this  it  is  perfectly  clear  that  the  ideas 
of  the  worthy  delegates  to  the  Convention  of  1829 
were  all  moulded  on  the  conventional  example  of  the 
federal  and  state  governments.  The  two  mutually 
restraining  houses,  the  veto  by  the  mayor,  the  sepa- 
ration of  executive  and  legislative  functions,  the 
appropriation  system, — all  were  copied  closely.  The 
question  whether  the  different  character  of  municipal 
affairs  might  not  justify  considerable  differences  in 
the  form  of  government  was  not  raised.  It  was 
apparently  not  even  because  specially  grievous  fault 
was  found  in  the  actual  working  of  the  existing  sys- 
tem,— for  the  charges  against  it,  after  all,  are  neither 
bitter  nor  specific,  but  far  more  on  theoretical 
grounds,  that  these  changes  were  urged.  Be  this  as 
it  may,  it  is  certain  that  the  objects  sought  by  the 
charter  of  1830  were  almost  entirely  frustrated  in 
practice.  The  utterances  of  the  convention  are  chiefly 
interesting  as  showing  how  early  and  how  strong 
was  the  movement  towards  following  national  prece- 
dent.'* 

Thus  was  inaugurated  in  New  York  City  the  movement 
away  from  the  simple  council  form  of  government  which 
has  gone  on  until  now  the  council  of  that  city  is  a  body 
of  small  importance.  The  council  is  retained  in  name  as 
a  concession  to  democratic  tradition,  but  the  real  powers 
of  local  government  are  scattered  among  other  agencies, 
— the  mayor,  the  board  of  estimate  and  apportionment, 
and  other  boards,  both  state  and  local.  The  state  legis- 
lature interferes  directly  with  many  matters  of  local 
administration. 

Taking  account  only  of  the  City  government  proper, 
Chicago  has  drifted  less  far  away  from  the  original  sim- 
ple council  form  of  government  than  have  most  other 
American  cities.    Disregarding  the  Municipal  Court  and 


12  Chicago  Bureau  of  Public  Efficiency 

its  attaches,  the  only  elective  City  officials  are  the  Mayor 
and  Aldermen  and  the  City  Clerk  and  City  Treasurer. 
The  Mayor  has  the  veto  power  and  makes  the  appoint- 
ments— very  important  powers.  But  the  Council  has 
larger  powers  than  have  the  legislative  bodies  of  most 
American  cities.  An  important  advantage  of  New  York 
over  Chicago  is  that  the  election  laws  applicable  to  the 
former  city  afford  much  better  opportunities  for  success- 
ful fusion  movements  along  non-partisan  lines  than  are 
open  here. 

One  great  difficulty  with  the  Chicago  situation  is  that 
there  are  many  local  governing  bodies  aside  from  the 
City,  as  was  shown  by  the  report  of  the  Chicago  Bureau 
of  Public  Efficiency  entitled  "The  Nineteen  Local  Gov- 
ernments in  Chicago" — now  twenty-two — and  as  is  also 
disclosed  by  charts  accompanying  this  report. 

Somewhat  later  than  1830  there  developed  in  American 
states  and  local  communities  the  tendency  to  elect  nearly 
all  administrative  and  judicial  officers,  with  the  result  of 
making  confusion  worse  confounded.  Later  still  came  a 
movement  to  vest  important  powers  of  government  in 
detached  boards  or  commissions,  subject  to  no  supervision 
and  therefore  essentially  irresponsible.  Park  boards  con- 
stitute a  conspicuous  example. 

This  tendency  to  multiply  governmental  agencies  con- 
tinued unabated  until  about  1900,  when  there  set  in  a 
movement  toward  the  simplification  of  municipal  govern- 
ment. This  movement,  at  first  rwpresented  by  the 
commission  form  and  later  by  the  city  manager  form 
of  city  charter,  has  since  made  considerable  progress, 
especially  in  the  smaller  cities  of  the  country. 

The  partisan  spoils  system  of  appointments  to  the 
public  service  early  found  its  way  into  national,  state, 


Unification  of  Local  Governments  13 

and  local  politics.  The  effort  to  combat  the  spoils 
system  with  ci\'il  service  enactments  has  had  its  beneficial 
results.  But  in  so  far  as  civil  sei^vice  regulations 
are  arbitrary  and  inelastic,  they  operate  to  intensify 
rigidity  and  irresponsibility  in  government. 

The  fact  is  that  governmental  machinery  in  the  United 
States — more  esi>ecially  state  and  local — is  clumsy  in  the 
extreme,  and  not  calculated  to  produce  efficiency.  Cities 
having  the  commission  or  the  city  manager  forms  of 
government  constitute  the  principal  exceptions,  and  even 
in  such  cities  there  is  likely  to  be  confusion  due  to  the 
fact  that  all  the  local  activities  of  the  community  are  not 
centered  in  the  commission.  American  citizens  show 
their  capacity  for  efficient  self  government  in  the  way  in 
which  they  function  in  crises,  and  in  the  manner  in  which 
they  execute  particular  projects  of  importance.  But  in 
ordinary  every-day  affairs  the  machinery  of  government 
creaks  and  produces  the  minimum  of  results  in  return 
for  the  maximum  expenditure  of  energy  and  money. 

The  best  of  citizens  cannot  secure  proper  results  in 
government  working  with  clumsy  machinery.  The  point 
of  view  which  has  prevailed  for  over  a  century,  but  which 
of  late  has  become  subject  to  modification,  must  be  re- 
versed. Instead  of  framing  constitutions  and  laws  to  tie 
the  hands  of  government,  we  must  devise  machinery 
under  which  things  can  be  done.  The  weakness  of  gov- 
ernment in  the  United  States  is  most  manifest  in  the 
cities  because  there  the  need  for  affirmative  action  is 
greatest,  and  the  restrictions  and  checks  and  balances 
are  the  most  numerous. 

The  best  results  in  local  government  are  not  to  be  had 
from  a  system  constructed  on  the  plan  of  division  of 
powers  and  checks  and  balances.    Efficiency  calls  for  the 


14  Chicago  Bureau  of  Public  Efficiency 

mingling,  not  the  separation,  of  legislative  and  admin- 
istrative powers.  The  executive  should  be  the  agent  of 
the  legislative  body  and  subject  to  its  direction  and  con- 
trol. Checks  and  balances  give  rise  to  inaction  and  irre- 
sponsibility. There  should  be  provisions  to  insure  rea- 
sonable deliberation,  but  some  single  authority  should 
possess  the  power  to  bring  things  to  pass,  and  should  be 
held  responsible  for  inaction  as  well  as  for  action.  Divi- 
sion of  power  and  diffusion  of  responsibility  too  often 
mean  stagnation  and  blocking  of  needed  public  improve- 
ments, as  the  experience  of  American  cities  demonstrates. 

In  efficient  organizations — whether  governmental  or 
business  in  nature — the  delegated  power,  administrative 
as  well  as  legislative,  is  lodged  in  a  legislative  body  or 
board  of  directors,  which  body  or  board  administers 
through  executive  agents  selected  and  controlled  by  it. 
The  executive  authority  in  Great  Britain,  for  example, 
is  the  cabinet,  headed  by  the  prime  minister,  which  holds 
power  at  the  will  of  the  majority  in  the  House  of  Com- 
mons. In  British,  French,  German,  Australian  and  most 
other  well  governed  cities  of  the  world,  the  people  choose 
by  vote  only  the  members  of  the  city  council  and  that 
body  selects  and  controls  the  executive  agents.  American 
business  corporations  follow  the  same  practice.  The 
stockholders  choose  boards  of  directors,  and  those  boards 
take  charge  of  all  matters  of  administration,  including 
the  selection  of  the  executive  officers.  The  usual  practice 
is  for  the  directors  to  designate  the  executive  head  and 
to  hold  him  responsible  for  the  selection  of  subordinates. 
Thus  the  method  of  American  business  corporations  is 
almost  precisely  that  of  the  city  manager  form  of  gov- 
ernment. How  would  a  business  corporation  get  on  if 
obliged  to  work  under  the  division  of  power  and  check- 


Unification  of  Local  Governments  15 

and-balance  methods  to  whicli  most  of  our  govermnents 
are  subject? 

Reference  is  made  to  national  and  state  governments 
for  the  purpose  of  helping  to  understand  the  city  gov- 
ernment problem,  and  not  with  the  view  of  offering  sug- 
gestions for  changes  in  those  fields.  The  national 
government  is  not  likely  soon  to  be  altered  radically  in 
form. 

Change  in  state  governments  will  come  slowly  also. 
It  is  significant,  however,  that  commission  government 
for  states  has  been  proposed  in  some  instances.  But 
city  government  in  the  United  States  might  almost  be 
said  to  be  in  a  fluid  state,  so  great  and  so  numerous  are 
the  changes  constantly  under  way. 

In  fact,  far  too  much  of  the  energy  of  American  cities 
is  consumed  in  mere  charter  changes  which  avail  little. 
For  example,  a  city  choosing  its  councilmen  by  wards 
will  change  to  the  system  of  election  at  large,  and  vice 
versa.  But  still  the  root  of  the  trouble  is  untouched. 
There  is  more  variety  in  city  government  in  the  United 
States  than  in  all  the  rest  of  the  world.  British  and 
French  and  German  cities  are  not  continually  tinkering 
with  their  charters.  They  have  for  the  most  part  simple 
forms  of  government,  and  they  use  those  governments 
to  accomplish  things,  instead  of  wasting  time  in  the  modi- 
fication of  structural  organization. 

With  the  exception  of  London  and  Paris,  the  forms  of 
government  of  which  are  affected  for  the  worse  from  the 
fact  that  they  are  the  capital  cities  of  their  countries, 
there  is  fundamental  similarity  throughout  Europe  and 
Australia  in  plans  of  municipal  organization.  Canada 
was  the  same  until  cities  like  Toronto  and  Montreal 
yielded  to  the  subversive  influence  of  their  neighbor,  New 


16  Chicago  Bureau  of  Public  Efficiency 

York  City,  and  substituted  for  their  simple  model  an 
imitation  of  one  of  the  clumsiest  pieces  of  governmental 
mechanism  in  the  world. 

The  most  hopeful  sign  today  in  the  field  of  American 
city  charter  reform  is  the  growth  in  popularity  of  the 
city  manager  idea,  as  typified  by  the  charter  of  Dayton, 
Ohio.  That  charter  conforms  in  the  main  to  the  plan 
of  municipal  government  prevailing  as  a  rule  throughout 
the  world,  outside  the  United  States.  It  is  in  accord  with 
the  plan  of  organization  of  American  business  corpora- 
tions, noted  for  their  efficiency.  The  National  Municipal 
League,  at  its  annual  meeting  in  1915,  held  at  Dayton, 
approved  the  city  manager  plan  for  American  cities  gen- 
erally, regardless  of  size.  For  larger  cities,  however,  it 
was  proposed  that  the  members  of  the  council  or  commis- 
sion be  more  than  five  in  number,  and  that  they  be  chosen 
from  districts,  rather  than  at  large. 

II.    THE  CITY  MANAGER  PLAN  FOR  CHICAGO. 

If  it  be  agreed  that  the  multitude  of  taxing  bodies  in 
Chicago  should  be  consolidated,  what  shall  be  the  form 
of  the  reorganized  government? 

The  Bureau  believes  that  consolidation  of  the  existing 
governments  of  Chicago  into  one  headed  by  a  city  man- 
ager type  of  executive  would  give  much  better  results 
than  any  other  plan. 

The  application  of  the  city  manager  plan  to  Chicago 
would  be  easy,  provided  the  people  could  be  made  to  see 
the  desirability  of  the  change.  Make  the  Mayor  elective 
by  the  City  Council  instead  of  by  popular  vote,  and 
substitute  an  indefinite  tenure  for  the  present  fixed  term, 
and  Chicago  ^nll  have  the  city  manager  plan  in  essence. 


Unification  of  Local  Governments  17 

Consolidation  might  be  effected,  to  be  sure,  under  a 
form  of  government  with  an  elective  Mayor  and  City 
Council,  such  as  now  exists  in  Chicago.  But  it  would  be 
much  better,  when  the  reorganization  is  attempted,  to 
adopt  the  system  calculated  to  produce  the  best  results. 
For  a  generation  or  more  political  mayors  have  been  the 
rule  in  Chicago.  The  present  system  naturally  tends  to 
produce  political  executives.  Whereas,  under  Council 
selection,  it  might  be  possible  to  secure  an  executive  who 
would  be  a  capable  administrator.  At  any  rate,  the  con- 
trol would  be  centralized  in  one  responsible  body,  instead 
of  being  divided  between  the  Mayor  and  the  Council  as  it 
is  now.  The  present  system  gives  rise  to  too  much 
wrangling  and  friction.  Constant  bickerings  between  the 
Mayor  on  the  one  side  and  the  Council  on  the  other 
interfere  with  efficiency.  The  practical  way  out  of  the 
embarrassment  is  to  do  away  with  the  elective  Mayor  and 
make  the  executive  the  agent  of  the  Council.  In  that 
way  popular  control  over  government  would  really  be 
strengthened.  The  power  of  the  people  is  dissipated  and 
weakened  when  delegated  power  is  divided  among  differ- 
ent independent  elective  authorities  instead  of  being  cen- 
tralized in  one  responsible  body. 

Of  course,  there  should  be  provision  for  non-partisan 
elections,  whatever  the  plan  of  the  consolidated  govern- 
ment might  be.  Non-partisanship  is  necessary  to  make 
any  plan  of  city  government  work  satisfactorily.  Partisan 
methods  of  nominating  and  electing  local  officials — forced 
upon  Chicago  by  the  Illinois  Legislature — are  responsible 
for  much  of  the  existing  dissatisfaction  with  local  govern- 
ment in  this  community. 

The  accompanying  charts  show  the  present  organiza- 
tion of  the  governing  bodies  in  Chicago  and  the  organiza- 
tion proposed  for  the  unified  government. 


18  Chicago  Bureau  of  Public  Efficiency 

The  chart  of  organization  of  a  unified  government  of 
Chicago  presents  a  modification  of  the  city  manager  plan. 
The  correct  term  for  the  plan  presented  probably  would 
be  council-manager  plan.  It  has  seemed  best,  however, 
to  retain  the  title  of  mayor  for  the  chief  executive, 
instead  of  adopting  the  term  city  manager.  The  president 
of  the  Council  would  be  merely  the  presiding  officer, 
possessing  only  the  same  prerogatives  otherwise  as  any 
other  alderman.  The  Mayor,  the  real  executive  head  of 
the  City,  would  be  chosen  by  the  City  Council  for  an 
indefinite  term,  and  subject  to  dismissal  at  any  time.  It 
might  be  desirable  to  give  the  Mayor  a  seat  in  the  council 
chamber,  where  he  could  be  called  upon  to  explain  admin- 
istrative problems,  but  no  vote.  He  would  have  the 
appointment  of  all  heads  of  departments,  except  the 
Comptroller  and  the  City  Clerk,  with  the  power  to  dis- 
miss at  will,  except  in  the  cases  of  the  Board  of  Educa- 
tion, the  Board  of  Tax  Commissioners,  and  the  Civil 
Service  Commission.  For  members  of  those  boards  terms 
of  fixed  duration  might  be  considered.  Selection  of  the 
Comptroller  and  the  City  Clerk  would  rest  with  the 
Council  itself.  The  Comptroller,  as  the  controller  of 
accounts  and  the  eye  of  the  Council,  would  be  its  check 
upon  the  administrative  departments  under  the  Mayor. 
The  salary  rate  of  the  Mayor  is  left  as  it  is — $18,000  a 
year.  But  when  the  Council  chooses  a  mayor,  it  should 
be  free  to  offer  such  compensation  as  may  be  requisite 
to  secure  for  the  position  the  best  man  available,  who 
might  or  might  not  be  a  resident  of  Chicago.  Salaries 
of  department  heads,  instead  of  being  fixed  arbitrarily 
in  advance,  should  be  subject  to  modification,  to  make  it 
possible  to  pay  whatever  sum  may  be  necessary  to  secure 
the  person  best  qualified  for  the  position. 

It  is  suggested  that  the  Council  be  composed  of  35 


I^L. 


CHART       SnOWING 

THE  GOVERNMENTAL    SITUATION   IN    CHICAGO 

TWENTY -TWO       LOCAL         GOVERNMENTS 

NO  CtKTRAL  CONTROL  NO  CENTRAL    RESPONSIBILITY 


TOTAL 


SoUry     l,r^^,<urci  8  3  9, 940.8S6 

OW  Depor+TTwU  L.p9^,(urc,       29,681,094 
M>MelIan«ous  I  0, 067,250 

Bond   Interesf  5,192.044 

bon*  J  CM,F,„to    l!«l,t™<l        11,621,050 


I  .■E'Ti'i,"    I  If tmmooo  I  LsfiuMtT    I  ri 


Unification  of  Local  Governments  19 

aldermen,  one  from  a  ward.  A  four-year  term  for  alder- 
men seems  desirable  for  several  reasons,  one  of  which 
is  the  enormous  saving  on  election  costs  from  holding  a 
city  election  only  once  in  four  years.  If  the  term  is  to 
be  that  long,  however,  popular  opinion  in  Chicago  prob- 
ably would  insist  upon  the  recall.  Without  the  recall  it 
is  likely  that  the  aldermanic  term  could  not  be  made 
longer  than  two  years.  The  Bureau's  calculations  in 
this  report  are  upon  the  basis  of  a  four-year  term  for 
aldermen,  with  the  recall. 

What  the  City  needs  from  its  aldermen  is  judgment. 
With  properly  organized  administrative  agencies  the 
members  of  the  Council,  even  with  the  greater  activities 
of  the  enlarged  municipality  to  supervise,  should  not  be 
required  to  put  in  as  much  time  as  some  of  them  do  now. 
The  ''busy  boy"  type  of  alderman,  who  is  constantly 
interfering  with  local  administrative  details,  is  more  of 
a  nuisance  than  a  help,  or  certainly  would  be  in  a  prop- 
erly devised  government.  The  salary  of  an  alderman 
should  be  sufficient  to  enable  a  person  of  moderate  means 
to  hold  the  position.  More  is  superfluous.  Citizens  of 
wealth  who  might  be  willing  to  serve  in  the  Council  would 
find  large  salaries  no  added  attraction.  On  the  whole, 
$4,000  a  year  seems  a  reasonable  figure  for  aldermanic 
salaries  under  the  plan  proposed.  For  important  admin- 
istrative positions,  however,  much  higher  rates  of  pay 
are  required. 


Unification  of  Local  Governments  19 

aldermen,  one  from  a  ward.  A  four-year  term  for  alder- 
men seems  desirable  for  several  reasons,  one  of  which 
is  the  enormous  saving  on  election  costs  from  holding  a 
city  election  only  once  in  four  years.  If  the  term  is  to 
be  that  long,  however,  popular  opinion  in  Chicago  prob- 
ably would  insist  upon  the  recall.  Without  the  recall  it 
is  likely  that  the  aldermanic  term  could  not  be  made 
longer  than  two  years.  The  Bureau's  calculations  in 
this  report  are  upon  the  basis  of  a  four-year  term  for 
aldermen,  with  the  recall. 

What  the  City  needs  from  its  aldermen  is  judgment. 
With  properly  organized  administrative  agencies  the 
members  of  the  Council,  even  with  the  greater  activities 
of  the  enlarged  municipality  to  supervise,  should  not  be 
required  to  put  in  as  much  time  as  some  of  them  do  now. 
The  "busy  boy"  type  of  alderman,  who  is  constantly 
interfering  with  local  administrative  details,  is  more  of 
a  nuisance  than  a  help,  or  certainly  would  be  in  a  prop- 
erly devised  government.  The  salary  of  an  alderman 
should  be  sufficient  to  enable  a  person  of  moderate  means 
to  hold  the  position.  More  is  superfluous.  Citizens  of 
wealth  who  might  be  willing  to  serve  in  the  Council  would 
find  large  salaries  no  added  attraction.  On  the  whole, 
$4,000  a  year  seems  a  reasonable  figure  for  aldermanic 
salaries  under  the  plan  proposed.  For  important  admin- 
istrative positions,  however,  much  higher  rates  of  pay 
are  required. 


20  Chicago  Bureau  of  Public  Efficiency 

III.  CHICAGO'S  UNIFICATION  PROBLEM. 

In  considering  the  problem  of  consolidation,  two  ques- 
tions of  fundamental  importance  present  themselves : 

1.  What  should  be  the  territorial  limits  of  the  unified 
municipality  1 

2.  What  governing  agencies  should  be  eliminated 
and  how  should  the  activities  be  combined  and  organized? 

With  reference  to  the  first  question,  the  territorial 
limits  of  the  unified  government  should  be  the  same  as 
those  of  the  metropolitan  community.  It  should  include 
all  the  contiguous  area  essentially  urban  in  character,  or 
likely  soon  to  become  so,  having  municipal  interests  in 
common.  This  means  that  the  reorganized  Chicago 
should  extend  from  the  Indiana  state  line  to  the  Cook 
County  line  on  the  north,  taking  in  Evanston,  Wilmette, 
Kenilworth,  Winnetka,  and  Glencoe.  It  should  run  to 
the  west  as  far  as  settled  urban  population  extends,  tak- 
ing in  such  places  as  Oak  Park,  Riverside,  River  Forest, 
and  Maywood.  It  would  seem  that  the  boundary  lines 
of  the  reorganized  municipality  should  correspond  closely 
to  the  present  lines  of  the  Sanitary  District.  The  inclu- 
sion of  territory  within  the  Sanitary  District  is  an 
admission  that  it  has  at  least  one  interest  in  common 
with  Chicago.  Of  course,  sewage  disposal  is  not  the  only 
interest  which  residents  of  the  Sanitary  District,  outside 
the  City  limits,  have  in  common  with  the  citizens  of 
Chicago. 

It  will  take  several  years  to  bring  about  the  constitu- 
tional changes  that  are  necessary  prerequisites  to  com- 
plete unification.  By  the  time  consolidation  shall  be 
legally  possible,  the  natural  limits  of  the  reorganized 
unified  Chicago  may  be  more  clearly  apparent 


Unification  of  Local  Governments  21 

For  the  purpose  of  this  report,  the  present  boundaries 
of  the  Sanitary  District  are  taken  as  the  limits  of  the 
unified  municipality. 

There  are  twenty-two  agencies  expending  taxes  for 
local  purposes  within  the  City  of  Chicago.    They  are : 
City  of  Chicago 

Board  of  Education 

Library  Board 

Municipal  Tuberculosis  Sanitarium 
Cook  County 

Sanitary  District  of  Chicago 
South  Park  Commissioners 
West  Chicago  Park  Commissioners 
Lincoln  Park  Commissioners 
Ridge  Avenue  Park  Commissioners 
North  Shore  Park  Commissioners 
Calumet  Park  Commissioners 
Fernwood  Park  Commissioners 
Ridge  Park  Commissioners 
Irving  Park  Commissioners 
Northwest  Park  Commissioners 
Old  Portage  Park  Commissioners 
Edison  Park  Commissioners 
West  Pullman  Park  Commissioners 
Ravenswood  Manor-Gardens  Park  Conomissioners 
River  Park  Commissioners  * 
Commissioners  of  the  First  Park  District  of  the  City 

of  Evanston.    (Partly  within  Chicago) 

The  Cook  County  Forest  Preserve  District,  organized 
under  the  act  of  the  Legislature  passed  in  1913,  is  techni- 
cally an  additional  governing  agency  with  separate  taxing 

•On  account  of  pending  litigation  over  the  question  of  the  organ- 
ization of  the  District,  the  River  Park  CommisBioners  are  not  at  present 
functioning. 


22 


Chicago  Bureau  of  Public  Efliciency 


powers.  Under  the  provisions  of  the  act,  however,  the 
County  Commissioners  serve,  without  additional  com- 
pensation, as  the  Commissioners  of  the  Forest  Preserve 
District,  which  is  coterminous  with  Cook  County.  This 
arrangement  permits  the  administration  of  the  affairs 
of  the  District  without  bringing  into  existence  an  addi- 
tional set  of  governing  ofl&cials. 

Within  the  portion  of  the  Sanitary  District  outside 
Chicago,  there  are  108  taxing  bodies,  not  including  the 
County  and  the  Sanitary  District,  which  appear  in  the 
foregoing  list.    These  taxing  bodies  are : 


Berwyn 
Blue  Island 
Evanston 


Five  Cities 


Harvey 

West  Hammond 


Thirty-five  Villages 


Bellwood 
Broadview 
Brookfield 
Burnham 
Burr  Oak 
Cicero 
Dolton 

Evergreen  Park 
Forest  Park 
Franklin  Park 
Glencoe 
Glenview 


Gross  Point 

Kenilworth 

Lyons 

Maywood 

Melrose  Park 

Morton  Grove 

Mt.  Greenwood 

Niles 

Niles  Center 

Oak  Park 

Phoenix 

Posen 


Riverdale 

River  Forest 

River  Grove 

Riverside 

Shermerville 

South  Holland 

Stickney 

Summit 

Tessville 

Wilmette 

Winnetka 


■**«Ai- 


23 


—lie 


South 
Holland 
Thornton 


•Tlomewood       •  Thornton  '  »  I 

^ 1 


County 


bJ 
0^ 


ithin 
town 
;hose 
'hese 


>sent 

rson, 

and 

jould 

irtly 
hose 


THE  Voter 5   of  the 
CITY  OF    CHICAGO 


Clerk 


CflART     SHCriA/ING 

ORGANIZATION       PROPOSED 

FOR 

A  UNiritD    GOVERNMENT  or  CHICAGO 


Prepored     by 

CniCAGO  euPlAU  a>    PuetIC     tfFlCltNCY 
Decemtar,  1^6 


Boiliff 


Comptroller 


City  Clerk 


MAYOR 


Purchases 


Inspeciion 


O  DecHve    Officials 

[_]  Department?     or    Appointive   Otficiols 


Recordinq 
s^  Reqi5trg 


Elections 


Civil     Service 
Commission 


Examining 
Boards 


Unification  of  Local  Governments 


23 


Ten  Park  Districts 


Blue  Island 

Northwest   Park 

Riverdale 

Clyde 

District    of 

River  Forest 

Glencoe 

Evans  ton 

Wilmette 

Kenilworth 

Oak  Park 

Winnetka 

Fifty  School  Districts 
Eight  Townships 

(Three  of  the  eight — Calumet,  Niles  and  Stickney — lie 
partly  within  the  present  City  limits) 

Berwyn  Niles 

Calumet  Oak  Park 

City  of  Evanston  Riverside 

New  Trier  Stickney 

In  addition,  there  are  nine  townships  partly  within 
and  partly  without  the  proposed  City  limits,  the  town 
governments  of  which  would  be  abolished  as  to  those 
portions  brought  within  the  proposed  municipality.  These 
nine  townships  are: 

Bremen  Norwood  Park 

Leyden  Proviso 

Lyons  Thornton 

Maine  Worth 
Northfield 

The  eight  townships  lying  wholly  within  the  present 
limits  of  Chicago — Evanston,  Hyde  Park,  Jefferson, 
Lake,  Lake  View,  North  Chicago,  South  Chicago,  and 
West  Chicago — now  having  only  formal  existence,  could 
also  be  formally  abolished. 

There  are  also  eleven  school  districts  which  lie  partly 
within  and  partly  without  the  proposed  City  limits.  Those 


Lake        Cou 


Will      County 


Unification  of  Local  Governments 


23 


Ten  Park  Districts 


Blue  Island 

Northwest    Park 

Riverdale 

Clyde 

District    of 

River  Forest 

Glencoe 

Evanston 

Wilmette 

Kenilworth 

Oak  Park 

Winnetka 

Fifty  School  Districts 
Eight  Townships 

(Three  of  the  eight — Calumet,  Niles  and  Stickney — lie 
partly  within  the  present  City  limits) 

Berwyn  Niles 

Calumet  Oak  Park 

City  of  Evanston  Riverside 

New  Trier  Stickney 

In  addition,  there  are  nine  townships  partly  within 
and  partly  without  the  proposed  City  limits,  the  town 
governments  of  which  would  be  abolished  as  to  those 
portions  brought  mthin  the  proposed  municipality.  These 
nine  townships  are: 

Bremen  Norwood  Park 

Leyden  Proviso 

Lyons  Thornton 

Maine  Worth 
Northfield 

The  eight  townships  lying  wholly  within  the  present 
limits  of  Chicago — Evanston,  Hyde  Park,  Jefferson, 
Lake,  Lake  View,  North  Chicago,  South  Chicago,  and 
West  Chicago — now  having  only  formal  existence,  could 
also  be  formally  abolished. 

There  are  also  eleven  school  districts  which  lie  partly 
within  and  partly  without  the  proposed  City  limits.  Those 


24  Chicago  Bwea/ii  of  Public  Efficiency 

portions  which  would  come  within  the  proposed  limits 
would  fall  under  the  jurisdiction  of  the  City  Board  of 
Education. 

Under  present  conditions,  many  residents  of  suburbs 
like  Evanston  and  Oak  Park  are  averse  to  annexation 
to  Chicago.  There  is  an  important  distinction,  however, 
between  mere  annexation  to  Chicago  by  a  single  munici- 
pality and  the  merger  into  one  effective  government  of 
all  the  urban  agencies  of  the  territory  naturally  com- 
prising the  community.  The  latter  proposition  ought  to 
meet  wdth  general  approval. 

Arguments  against  annexation  to  Chicago  frequently 
used  in  an  adjoining  municipality  are : 

1.  That  the  suburban  schools  are  better  than  those  of 
Chicago ; 

2.  That  local  improvements  are  better  looked  after, 
and  are  subject  to  greater  influence  by  neighborhood 
public  opinion ; 

3.  That  annexation  to  Chicago  would  mean  loss  of 
identity  and  individuality  to  a  community. 

A  unified  government  organized  on  right  lines  ought 
to  provide  better  educational  facilities  for  the  entire 
community  in  the  long  run  than  a  smaller  municipality 
can  furnish  permanently.  Besides,  local  neighborhood 
standards,  whether  in  a  large  city  or  in  a  separate  smaller 
community,  have  their  influence  upon  the  school  of  the 
neighborhood. 

As  to  the  neighborhood  and  its  local  improvements, 
great  cities  should  have  special  provisions  with  regard 
to  them.  The  existence  and  activities  in  Chicago  of 
neighborhood  improvement  associations,  striving  under 
difficulties  to  function  in  the  public  interest,  indicate  the 


Unification  of  Local  Governments  25 

need  of  some  legal  agency  to  do  what  these  improvement 
associationB  try  to  do.  The  legal  recognition  of  improve- 
ment districts,  with  administrative  agents  and  revenues 
for  each  district  for  snch  purposes  as  street  sprinkling 
and  sweeping,  weed  cutting  and  snow  removal,  would  do 
much  to  obviate  the  objections  to  merger  with  the  city. 
These  improvement  districts  should  not  be  independent 
governing  authorities,  but  should  be  subordinate  parts 
of  the  unified  government.  In  such  improvement  dis- 
tricts, the  names  and  identities  of  homogeneous  communi- 
ties within  the  city  could  be  preserved. 

The  advantages  to  suburban  communities  of  a  merger 
with  Chicago  into  a  greater  city  would  far  outweigh 
possible  disadvantages.  The  interest  of  citizens  in  the 
welfare  and  good  government  of  the  greater  city  should 
be  keener  than  their  interest  in  the  welfare  of  any  por- 
tion. Residents  of  suburban  areas  around  Chicago,  from 
motives  of  enlightened  self  interest,  as  well  as  from 
public  spirit,  should  join  in  the  movement  to  promote  the 
well  being  of  the  entire  community,  which  they  can  do 
effectively  only  by  being  a  part  of  a  unified  government 
for  the  entire  community. 

Tax  rates  are  lower  in  Chicago  than  in  the  surround- 
ing suburbs.  Charges  for  water,  gas,  and  electricity  are 
less. 

Tax  rates  for  1915  in  different  townships  in  Chicago 
u^n  the  assessed  valuations — one-third  the  full  value — 
were :  South  Chicago,  Hyde  Park,  and  Lake  (South  Park 
District)  $5.61;  West  Chicago  (West  Park  District) 
$5.92 ;  North  Chicago  and  Lake  View  (Lincoln  Park  Dis- 
trict) $5.91. 

Outside  the  limits  of  Chicago  the  tax  rate  within  cities 
and  villages  varies  according  to  the  amounts  levied  for 


26  Chicago  Bureau  of  Public  Efficiency 

school,  town  and  other  purposes  in  different  parts  of 
such  municipalities.  For  1915  the  averages  of  the  rates 
fixed  for  different  parts  of  the  following  cities  and  vil- 
lages within  the  Sanitary  District  outside  Chicago  were : 
Berwyn,  $7.44;  Blue  Island,  $9.45;  Evanston,  $7.35; 
West  Hammond,  $6.41;  Harvey,  $9.48;  Village  of  Oak 
Park,  $8.31 ;  Maywood,  $8.79 ;  Eiver  Forest,  $9.55 ;  Win- 
netka,  $9.08;  Glencoe,  $9.83;  Wihnette,  $8.13. 

In  explanation  of  the  higher  tax  rates  in  suburbs,  as 
compared  ^vith  Chicago,  it  is  sometimes  contended  that 
assessed  valuations  in  the  suburbs  are  lower,  so  that 
actual  taxes  are  not  so  much  higher  as  the  comparative 
rates  might  be  taken  to  indicate.  The  effect  of  thus 
assessing  suburban  property  at  a  relatively  lower  value 
than  Chicago  property  is  to  relieve  the  suburbanites 
from  paying  their  fair  share  of  State,  County,  and  Sani- 
tary District  taxes,  which  are  paid  in  common  by  both 
suburban  and  city  taxpayers,  and  to  shift  the  burden 
thereof  largely  upon  the  latter.  The  responsibility  for 
this  situation  rests  with  the  local  assessors,  and  would  bo 
corrected  if  the  revenue  laws  were  more  efficiently  en- 
forced. . 

The  net  price  of  gas  to  consumers  in  Chicago  is  80 
cents  a  thousand  cubic  feet,  as  against  a  rate  of  $1  in 
surrounding  suburbs.  The  quality  of  gas  furnished  in 
Chicago  at  80  cents  is  much  higher  than  that  supplied  to 
suburban  consumers  for  a  price  25  per  cent  larger. 

The  water  plant  of  Chicago  certainly  should  be  able 
to  give  the  entire  metropolitan  community  better  service 
than  a  number  of  separate  plants  can  furnish. 

Transportation  problems  of  the  larger  community  are 
not  solved  satisfactorily  under  present  conditions  be- 
cause the  political   entities   do   not   correspond  to   the 


Unification  of  Local  Governments  27 

natural  local  transportation  field.  Extension  of  the  limits 
of  Chicago  to  include  Oak  Park,  Evanston,  and  other 
municipalities  would  not  necessarily  operate  to  extend 
the  through  route  serv^ice  and  one-fare  zone  of  the  Chicago 
street  railway  system,  but  the  traction  settlement  ordi- 
nances, in  anticipation  of  territorial  enlargement  of  the 
City,  require  the  companies,  if  they  acquire  control  of 
additional  lines,  to  carry  passengers  for  a  single  fare 
** within  the  present  or  future  limits  of  Chicago."  Had 
these  municipalities  been  a  part  of  Chicago  when  the 
traction  settlement  ordinances  were  adopted,  they  doubt- 
less would  have  been  included  in  that  settlement.  Merger 
with  Chicago  naturally  will  be  followed  sooner  or  later 
by  complete  transportation  unity  (surface,  elevated,  and 
subway)  for  the  entire  area. 

In  the  educational  field,  merger  with  Chicago  certainly 
would  mean  greatly  increased  library  facilities  for  sub- 
urbs. In  addition  to  its  present  public  library,  which 
would  constitute  the  neighborhood  branch,  each  of  these 
neighborhoods  could  draw  upon  the  extensive  facilities 
of  the  Chicago  public  library  system. 

The  effort  to  meet  common  needs  of  the  entire  metro- 
politan area  by  the  maintenance  of  separate  governing 
agencies,  like  the  Sanitary  District,  is  the  most  expensive 
way  to  the  taxpayers  of  supplying  those  needs.  In  the 
absence  of  complete  unification,  the  temptation  must  ever 
be  present  to  increase  the  number  of  such  additional  gov- 
erning agencies. 

The  other  question  to  be  considered  is  what  governing 
agencies  should  be  eliminated  and  how  the  activities 
should  be  combined  and  organized. 

Cook  County  is  the  only  one  of  the  local  governments 
exercising  jurisdiction  within  Chicago  whose  limits  ex- 


28  Chicago  Bureau  of  Public  Efficiency 

tend  beyond  those  of  the  proposed  municipality.  Pre- 
sumably the  sparsely  populated  portions  of  Cook  County 
lying  ■v^dthout  the  proposed  City  could  be  attached  to 
adjoining  counties,  thus  avoiding  the  creation  of  a  new 
county.  Inasmuch  as  the  proposed  boundary  lines  of  the 
unified  City  would  be  coterminous  with  those  of  the 
Sanitary  District,  the  latter  body  would  fall  into  the  new 
plan  without  difficulty. 

All  the  other  local  administrative  and  legislative 
agencies  within  the  reorganized  municipality  should  be 
merged  into  the  single  government.  Only  the  courts 
should  be  allowed  a  separate  identity  and  they  should  be 
reorganized  by  themselves  upon  a  basis  of  judicial  unity 
and  greater  simplicity. 

In  the  chart  of  the  proposed  unified  government,  ap- 
pearing opposite  page  18,  as  well  as  in  the  skeleton  plan 
of  organization  (Appendix  B),  the  twenty-five  existing 
offices  and  departments  of  the  City  of  Chicago,  as  well  as 
the  many  offices  and  departments  of  all  the  independent 
governing  agencies  to  be  merged  with  the  City,  have  been 
consolidated  into  nineteen  offices  and  departments.  Of 
necessity  the  suggestions  offered  are  tentative  in  nature 
and  subject  to  change.  Modifications  must  be  made  in 
the  light  of  experience.  The  City  Council  should  have 
the  power  to  create  and  abolish  departments  or  to  make 
rearrangements  suggested  by  experience. 

Fortunately,  there  is  in  existence  an  organization,  with 
headquarters  in  Chicago,  whose  special  object  is  the 
promotion  of  court  reorganization  along  lines  of  unity 
and  efficiency.  The  president  of  this  organization — the 
American  Judicature  Society — is  Hon.  Harry  Olson,  Chief 
Justice  of  the  Municipal  Court  of  Chicago,  and  the  secre- 
tary is  Mr.  Herbert  Harley.    The  American  Judicature 


Unification  of  Local  Governments  29 

Society  has  presented  a  plan  of  court  organization  for 
metropolitan  communities  with  alternative  methods  of 
selecting  judges.  The  Bureau  has  not  made  special  study 
on  its  owTi  account  of  the  subject  of  court  reorganization, 
but  it  presents  in  this  report  an  outline  of  a  plan  for 
Chicago  based  upon  the  recommendations  of  the  Ameri- 
can Judicature  Society.  The  method  of  selecting  judges 
embodied  in  this  plan  is  that  suggested  for  the  central 
west  in  the  publications  of  this  Society.  It  calls  for  the 
election  of  a  chief  justice  for  a  four  year  term,  and  the 
appointment  by  him  of  all  the  other  judges.  The  idea 
is  to  have  a  court  with  a  responsible  directing  head  and 
divisions  to  which  judges  would  be  assigned  in  accord- 
ance with  their  special  qualifications  for  the  cases  to  be 
handled.  The  plan  of  organization  proposed  for  the 
Metropolitan  Court  is  set  forth  in  the  chart  appearing 
in  Appendix  E. 

IV.    BENEFITS  OF  COMPLETE  UNIFICATION. 

It  is  customary  to  think  of  benefits  of  consolidation  of 
governing  bodies  primarily  in  terms  of  money  savings. 
That  aspect  of  the  matter  is  of  great  importance.  The 
economies  to  be  effected  by  the  proper  reorganization  of 
all  the  local  governments  in  Chicago  upon  the  basis  of 
unity  should  be  enormous — reaching  sums  calling  for 
measurement  not  in  terms  of  hundreds  of  thousands  of 
dollars  but  of  millions  of  dollars  annually.  However, 
even  if  there  were  no  money  savings  to  be  realized  by 
consolidation,  or  even  if  reorganization  on  lines  of  unity 
were  to  call  for  larger  expenditures  instead  of  a  decrease, 
the  benefits  of  the  reorganization  in  the  way  of  improved 
service  would  justify  the  carrying  out  of  the  program 
of  unification. 


30  Chicago  Bureau  of  Puhlic  Efjiciency 

This  community  is  poorly  served  by  its  hodgepodge 
of  irresponsible  governing  agencies,  not  only  independent 
of  one  another,  but  often  pulling  and  hauling  at  cross 
purposes.  A  single  governing  agency,  in  which  should 
be  centered  all  the  local  administrative  and  legislative 
functions  of  the  community,  but  directly  responsible  to 
the  voters,  would  be  able  to  render  services  which  exist- 
ing agencies  could  not  perform  nearly  so  well,  if  at  all, 
even  if  directed  by  officials  of  exceptional  ability.  The 
present  system,  however,  instead  of  attracting  to  public 
employment  men  of  exceptional  ability,  tends  to  keep 
them  out,  mth  the  result  that  the  places  are  left  at  the 
disposal  of  partisan  spoils  political  leaders.  In  this  sit- 
uation the  public  is  fortunate  in  securing  as  many  good 
men  as  it  does. 

With  respect  to  the  money  economies  which  should  re- 
sult from  the  changes  suggested  in  this  report,  particular 
attention  is  called  to  the  obvious  waste  now  involved  in 
useless  overhead  organization,  in  unnecessary  elections, 
in  the  antiquated  methods  employed  in  the  assessing  and 
collecting  of  taxes  and  special  assessments,  and  in  con- 
nection with  certain  other  matters  of  administration. 
Opportunity  for  effecting  other  economies  is  also  pointed 
out,  the  purpose  in  this  latter  connection  being  principally 
to  suggest  some  of  the  many  ways  in  which  public  expen- 
ditures could  be  conserved  through  consolidation  and 
reorganization. 

Useless  Overhead  Expense. 

One  of  the  most  conspicuous  economies  that  could  be 
effected  would  be  the  elimination  of  overhead  expense. 
Approximately  $550,000  a  year  is  now  expended  on  the 
salaries  of  county  commissioners,  sanitary  district  trus- 
tees, civil  service  commissioners,  assessors,  members  of 


Unification  of  Local  Governments  31 

the  board  of  local  improvements,  comptrollers,  treas- 
urers, collectors,  purchasing  agents,  court  clerks  and 
attaches,  secretaries,  chief  clerks  and  other  elective  and 
appointive  officials  whose  services  would  be  entirely  un- 
necessary under  a  properly  reorganized  and  unified  gov- 
ernment. 

Enormous  Election  Costs. 

The  waste  of  money  in  this  community  on  account  of 
needless  registrations,  primaries,  and  elections  is  enor- 
mous. Consternation  was  expressed  when  it  was  shown 
by  the  Bureau's  report  on  ''The  Growing  Cost  of  Elec- 
tions" issued  in  December,  1912,  that  the  election  ex- 
penses of  Chicago  and  Cook  County  for  the  year  1912 
approximated  $1,000,000,  and  that  the  burden  on  this 
account  had  more  than  trebled  in  16  years.  However,  the 
election  expenses  of  Chicago  and  Cook  County  for  the 
year  1916  were  more  than  $2,000,000,  which  means  that 
they  have  more  than  doubled  in  four  years.  Admitting 
women  to  suffrage,  thus  necessitating  more  precincts; 
higher  pay  for  judges  and  clerks  of  election;  and  addi- 
tional registrations  help  to  explain  the  increase. 

An  election  calendar,  published  as  Appendix  C,  shows 
for  a  series  of  years  the  primaries  and  elections  in  Chi- 
cago. A  table  appearing  as  a  part  of  the  same  appendix, 
showing  the  election  expenses  of  Chicago  and  Cook 
County  for  the  year  1916,  sets  forth  the  amount  charge- 
able to  each  primarj^  and  election.  A  municipal  election 
in  Chicago  and  Cicero,  with  the  registration  days  and  pri- 
mary that  go  with  it,  is  shown  by  the  figures  of  that  table — 
prepared  in  the  office  of  the  Election  Commissioners — to 
cost  $694,750.  Of  this  amount  approximately  $3,200  is 
chargeable  to  Cicero,  leaving  the  cost  of  a  city  election 
in  Chicago  $691,550.  The  cost  of  a  judicial  election  in 
Cook  County  is  given  as  $175,201  for  the  portion  of  the 


32  Chicago  Bureau  of  Public  Efficiency 

County  within  Chicago  and  Cicero.  The  additional  expense 
on  account  of  the  territory  outside  Chicago  and  Cicero  is 
estimated  at  $7,500,  making  the  total  cost  of  a  judicial 
election  in  the  County  $182,701.  The  reason  the  judicial 
election  costs  shown  are  so  much  less  than  the  city  elec- 
tion costs  is  that  the  judicial  election  upon  which  the 
figures  are  based  was  preceded  by  neither  a  registration 
nor  a  primary. 

Under  the  plan  of  unified  government  for  Chicajfo  as 
outlined  in  this  report,  there  would  be  but  three  regular 
elections  in  each  four  year  period —  the  two  biennial  elec- 
tions in  November  of  each  even  numbered  year,  for  the 
selection  of  national  and  state  officials,  and  the  one  com- 
bined city  and  judicial  election,  at  which  two  ofiScials 
would  be  voted  for  by  each  elector,  one  Alderman  from 
each  ward  in  the  City  and  the  Chief  Justice  of  the  Metro- 
politan Court.  Inasmuch  as  city  elections  are  now  held 
yearly,  this  would  mean  the  elimination  of  three  such 
elections  in  each  four  year  period.  On  the  basis  of  1916 
figures,  a  city  election  costs  $691,550.  The  additional 
expense  which  results  from  the  necessity  for  increasing 
the  number  of  election  precincts  from  year  to  year  is 
probably  not  less  than  $50,000  a  year.  Thus  the  elimi- 
nation of  three  city  elections  during  the  four  year  period 
beginning  1919  would  mean  a  saving  of  $2,824,650  or  an 
average  annual  saving  during  the  period  of  $706,162. 
Even  a  larger  amount  would  be  saved  during  each  suc- 
ceeding four  year  period. 

There  are  regularly  in  each  six  year  period  three  sepa- 
rate judicial  elections.  On  the  basis  of  the  1916  figures, 
with  the  addition  of  increased  expense,  due  to  increasing 
the  number  of  precincts,  the  three  separate  elections  in 
the  six  year  period  beginning  1919  will  cost  approxi- 
mately $780,000,  or  an  average  annual  cost  for  the  period 
of  $130,000.     Thus,  if  city  and  judicial  electioni  were 


Unification  of  Local  Governments  33 

eliminated  as  proposed,  it  would  mean  an  average  annual 
saving  on  this  account  of  $836,162  for  the  four  year 
period  beginning  1919,  and  thereafter  the  saving  would 
be  larger  each  year. 

Cumbersome  Assessing  Machinery. 

At  the  present  time,  the  work  of  assessing  both  real 
estate  and  personal  property  for  purposes  of  taxation  is 
handled  through  the  offices  of  the  Board  of  Assessors  and 
of  the  Board  of  Keview.  The  list  of  real  estate  to  be 
assessed  is  made  up  by  the  County  Clerk.  The  County 
Clerk  also  prepares  the  tax  rolls  or  collectors'  warrants. 
Between  January  2  and  March  10,  all  collections  of  gen- 
eral taxes  for  state,  county,  municipal,  and  other  purposes 
are  made  by  township  collectors.  For  the  eight  town- 
ships lying  wholly  within  the  City  of  Chicago  the  County 
Treasurer  acts  as  ex-officio  township  collector.  Prior  to 
March  10,  current  special  assessments  are  collected  by 
the  City  Collector  and  by  the  local  collectors  of  other 
municipalities  having  power  to  levy  special  assessments. 
After  March  10,  all  general  taxes  and  all  delinquent  spe- 
cial assessments  are  collected  by  the  County  Treasurer 
acting  as  ex-officio  County  Collector.  Tax  sales  are 
conducted  by  the  County  Treasurer  and  County  Clerk. 
Redemptions  from  tax  sales  are  made  through  the  Coun- 
ty Clerk's  office. 

The  service  to  the  public  which  results  from  the 
procedure  briefly  outlined  above  is  in  many  respects  ex- 
tremely unsatisfactory  and  involves  an  enormous  amount 
of  waste.  The  average  annual  cost  of  assessing  and 
collecting  general  taxes  and  of  collecting  special  assess- 
ments over  a  four  year  period,  including  a  quadrennial 
year  in  which  all  real  estate  is  revalued,  at  the  present 
time  amounts  to  approximately  $1,000,000.  Of  this 
amount  it  may  be  conservatively  estimated  that  not  less 


34  Chicago  Bureau  of  Public  Efficiency 

than  $400,000  could  be  saved  through  the  proper  reorgani- 
zation of  the  present  assessing  and  collecting  agencies 
and  the  adoption  of  modern  procedure  and  methods  in 
place  of  the  antiquated  procedure  and  methods  now  pre- 
scribed by  the  laws  of  the  State.  The  foregoing  estimate 
of  $400,000  includes  $65,000  of  overhead  expense  which 
is  also  included  in  the  $550,000  of  overhead  expense  men- 
tioned above. 

The  situation  as  to  personal  property  assessments  is 
complicated  by  the  difficulties  encountered  in  attempting 
to  apply  and  enforce  the  provisions  of  the  law  relating 
thereto.  The  above  figures  assume  a  continuance  of  sub- 
stantially the  present  measure  of  enforcement  with  re- 
spect to  such  assessments.  Under  an  enlightened  and 
equitable  law  for  the  taxation  of  this  class  of  property 
even  greater  economies  probably  w^ould  be  possible. 

What  the  Courts  Cost. 

In  1915,  the  cost  of  conducting  the  courts  of  Cook 
County  and  the  Municipal  Court  of  Chicago  was  $2,255,- 
191,  distributed  as  follows; 

Other 

Salaries    Expenses        Total 

Judges  $395,441       $395,441 

Clerks'  Offices 598,414  $  29,627  628,041 

Sheriff's  Office  and  Bail- 
iff's Office 486,471  21,891  508,362 

Jury  Commissioners 18,305  623  18,928 

Jurors  and  Witness  Fees 499,099  499,099 

Juvenile  Court  Probation 

Officers   132,621  1,454  134,075 

Adult  Probation  Officers.     39,060  537  39,597 

Miscellaneous  Adminis- 
tration       22,760  8,888  31,648 


Total  $1,693,072      $562,119  $2,255,191 


Unification  of  Local  Governments  35 

The  judicial  machmery  of  Cook  County  and  Chicago, 
as  it  is  now  organized,  is  on  the  whole  conspicuously 
inefficient  and  wasteful.  There  are  five  separate  inde- 
pendently organized  County  Courts — the  Circuit,  Su- 
perior, County,  Probate,  and  Criminal  Courts — and  the 
Municipal  Court  of  Chicago.*  The  jurisdiction  of  all 
these  courts  is  concurrent  in  many  respects  and  yet  cases 
arise  in  which  no  one  of  them  has  a  sufficiently  complete 
and  comprehensive  jurisdiction  to  adjudicate  upon  all 
matters  involved.  There  are  thirty-eight  judges  of  the 
Circuit  and  Superior  Courts  for  the  administrative  con- 
trol of  whose  work  no  adequate  provision  now  exists. 
The  present  judicial  organization  and  procedure  lead  to 
much  needless  annoyance,  expense  and  delay  in  the  dispo- 
sition of  litigation. 

There  are  six  separate  Clerk's  offices.  The  County 
Clerk  acts  as  Clerk  of  the  County  Court.  The  heads  of 
the  other  five  offices  are  independent  elective  officials. 
The  salary  of  the  Clerk  of  the  Municipal  Court  is  $6,000 
a  year;  that  of  each  of  the  other  four  Clerks  is  $9,000  a 
year. 

The  work  done  by  the  Sheriff's  deputies  and  that  done 
by  the  deputies  of  the  Bailiff  of  the  Municipal  Court  over- 
lap considerably.  The  Sheriff  is  paid  a  salary  of  $9,960  a 
year ;  the  Bailiff,  a  salary  of  $6,000  a  year. 

It  must  be  obvious  that  a  consolidation  and  reorgani- 
zation of  these  courts  and  of  their  administrative  ma- 
chinery would  mean  not  only  that  the  service  which  they 
render  to  the  community  and  to  litigants  would  become 
much  more  satisfactory  in  many  respects,  but  also  that 
the  cost  of  administration  could  be  greatly  reduced. 

*The  Appellate  Court  of  the  First  District  which  is  coterminous  with 
Cook  County  Is  not  Included  because  it  Is  a  State  court,  the  clerk  of 
which  is  not  a  local  official. 


36  Chicago  Bureau  of  Public  Efficiency 

Some  of  the  courts  are  now  far  behind  in  their  work, 
and  it  is  to  be  expected  that  as  the  population  increases 
the  work  of  the  courts  will  increase  also.  So  far  as  the 
present  number  of  judges  is  concerned,  therefore,  a  con- 
solidation probably  would  not  result  in  its  reduction.  On 
the  other  hand,  consolidation  and  reorganization  should 
so  increase  the  efficiency  of  the  present  judicial  force  as 
to  obviate  the  necessity  for  new  judgeships  which  other- 
wise will  be  created  as  the  work  grows  in  volume.  The 
ultimate  economy  w^hich  would  thus  result  would  of 
course  be  considerable  since  each  judgeship  of  the  Circuit 
and  Superior  Courts  carries  a  salary  of  $12,000  a  year 
and  involves  incidental  expenses  of  administration  of 
about  the  same  amount. 

A  very  large  immediate  saving  could  be  effected, 
however,  through  consolidation  and  reorganization  of  the 
administrative  machinery  of  the  courts.  One  court  w^ould 
require  but  one  Clerk,  where  now  there  are  six,  and  but 
one  executive  officer  where  now  there  are  two — the  Sher- 
iff and  the  Bailiff  of  the  Municipal  Court.  Thus  consoli- 
dation would  eliminate  several  elective  officials  who  are 
paid  unnecessarily  large  salaries. 

The  maintenance  of  several  independent  Clerks'  offices 
involves  a  duplication  of  subordinate  positions,  several 
of  which  could  be  dispensed  with  if  there  were  but  one 
principal  office.  The  consolidation  of  all  the  present 
Clerks'  offices  into  a  single  organization  should  make  it 
possible  to  effect  a  saving  of  not  less  than  $100,000  a 
year.  Of  this  amount  $54,000  is  overhead  expense  w^hich 
is  also  included  in  the  $550,000  of  overhead  expense 
mentioned  on  page  30. 

A  large  number  of  deputy  sheriffs  and  deputy  bailiffs 
are  now  engaged  in  serving  summonses  and  other  writs. 


Unification  of  Local  Governments  37 

The  Sheriff's  deputies  and  the  Bailiff's  deputies  traverse 
substantially  the  same  territory,  and  due  partly  to  the 
time  consumed  in  travel  each  deputy  serves  an  astonish- 
ingly small  number  of  writs.  The  consolidation  would 
eliminate  entirely  the  need  for  two  men  traveling  over 
the  same  district,  and  the  Bureau  estimates  that  in  that 
event  the  services  of  at  least  twenty  deputy  sheriffs  now 
employed  could  be  dispensed  mth.  The  resultant  saving 
would  be  $40,000  a  year.  The  consolidation  would  also 
make  it  possible  to  dispense  with  the  Sheriff  and  with 
several  subordinates  who  are  a  part  of  the  overhead  or- 
ganization of  the  present  offices.  This  would  mean  an 
additional  saving  of  $16,000  a  year. 

Still  further  important  economies  could  undoubtedly 
be  effected  through  the  consolidation  of  these  two  offices, 
particularly  in  connection  mth  the  reorganization  of  the 
force  of  bailiffs  assigned  to  preserve  order  in  the  courts. 

With  respect  to  tbe  serving  of  summonses  and  perhaps 
of  some  other  writs,  it  would  seem  that  much  of  the  work 
might  be  assigned  to  the  police.  If  such  a  plan  were 
adopted,  a  great  deal  of  money  could  be  saved. 

The  Bureau  is  not  in  a  position  to  estimate  definitely 
what  the  saving  from  the  last  two  sources  might  amount 
to ;  probably  it  would  total  at  least  $100,000  a  year. 

Jurors  are  now  drawn  separately  for  each  court,  and 
the  number  of  jurors  drawn  and  kept  in  waiting  in  order 
to  insure  the  prompt  and  proper  filling  of  juries  is  much 
larger  than  the  number  that  would  be  required  if  there 
were  but  a  single  court.  Since  jurors  kept  in  waiting  are 
paid  the  usual  per  diem  rate,  the  larger  number  required 
under  present  conditions  means  an  expense  which  other- 
wise would  be  wholly  unnecessary.  Fifty  thousand  dol- 
lars a  year  would  seem  to  be  a  conservative  estimate  of 


38  Chicago  Bureau  of  Public  Efficiency 

the  amount  which  could  be  saved  on  jurors'  fees  if  there 
were  but  one  court  instead  of  six  courts. 

Expensive  Law  Departments. 

In  1915,  the  cost  of  conducting  the  law  departments  of 
the  County  (including  the  State's  Attorney's  office),  City, 
Sanitary  District,  and  the  three  large  Park  Boards  aggre- 
gated $984,287  distributed  as  follows : 

County  (including  the  State's  Attorney's  of- 
fice)   $364,732 

City  of  Chicago 

Corporation  Counsel $232,869 

Prosecuting  Attorney 54,693 

City  Attorney  133,750—  421,312 

Sanitary  District 181,790 

South  Park  Commissioners 6,868 

"West  Chicago  Park  Commissioners 5.562 

Lincoln  Park  Commissioners 4,023 

$984,287 

The  foregoing  figures  do  not  include  fees  paid  to  spe- 
cial attorneys  employed  by  agencies  other  than  the  regu- 
lar law  departments,  such  as  committees  of  the  City 
Council,  the  Sheriff,  Board  of  Assessors,  Board  of  Re- 
view, the  Clerk  and  Bailiff  of  the  Municipal  Court,  the 
Board  of  Education,  Library  Board,  and  the  Municipal 
Tuberculosis  Sanitarium. 

Substantially  all  the  money  above  mentioned  was  ex- 
pended either  directly  for  the  salaries  of  officials  and 
employes,  or  in  fees  paid  for  special  services  rendered 
by  attorneys  and  others  not  on  the  payrolls  of  the  several 
departments. 

The  maintenance  of  several  independent  legal  depart- 
ments  results  in  an  excessive  amount  of  overhead  organi- 
zation and  in  the  duplication  of  many  subordinate  posi- 


Unification  of  Local  Governments  39 

tions  which  could  be  dispensed  with  if  present  organiza- 
tions were  consolidated.  A  conspicuous  example  of  such 
duplication  is  to  be  found  in  connection  with  the  work 
of  the  State's  Attorney  and  the  City  Prosecuting  Attor- 
ney. To  each  police  court  there  is  assigned  an  assistant 
State's  Attorney,  and  also  an  assistant  Prosecuting 
Attorney.  The  former  prosecutes  violators  of  State 
laws;  the  latter,  violators  of  City  ordinances.  While  a 
State  case  is  being  heard  by  the  Court,  the  City  Prosecutor 
sits  idly  by.  ^Vhen  a  City  case  is  on  hearing  this  situa- 
tion is  reversed.  It  has  long  been  recognized  that  the 
situation  in  the  police  courts  would  require  but  one  prose- 
cutor provided  he  could  be  authorized  to  prosecute  both 
State  and  City  cases.  Only  recently  the  City  Finance 
Committee  has  suggested  that  the  City  Prosecutor's  of- 
fice be  abolished  and  that  an  arrangement  be  made  with 
the  State's  Attorney  to  pay  him  $5,000  a  year  to  handle 
City  cases.  Under  a  single  law  department  there  would 
be  no  need  whatever  for  the  City  Prosecutor  and  his 
staff,  and  the  saving  which  w^ould  result  on  the  basis  of 
the  1915  figures  would  be  approximately  $54,000  a  year. 

A  detailed  study  of  the  work  of  the  different  legal 
departments  would  undoubtedly  disclose  many  other 
situations  wherein  the  time  of  employes  could  be  more 
efficiently  and  profitably  utilized  if  there  were  but  a 
single  department. 

Another  thing  which  makes  for  a  tremendous  amount 
of  inefficiency  and  waste  in  the  administration  of  these 
legal  departments  is  the  important  part  which  spoils 
politics  plays  in  the  selection  of  the  appointees  thereto. 
All  positions  in  these  departments  are  outside  the  classi- 
fied service.  In  a  report  submitted  to  the  City  Council 
in  1913,  the  Bureau  called  attention  to  the  abuses  result- 


40  Chicago  Bureau  of  Public  Efficiency 

ing  from  such  appointments  to  the  staff  of  investigators 
in  the  City  Attorney's  office.  There  is  reason  to  believe 
that  similar  conditions  prevail  in  other  branches  of  the 
service. 

The  consolidation  of  all  the  legal  work  of  the  different 
local  governments  under  the  control  of  a  single  execntive 
head  and  the  elimination  of  spoils  politics  in  the  making 
of  appointments  would  increase  immensely  the  efficiency 
of  the  present  organizations,  and  would  also  result  in 
savings  which,  w^hile  they  can  be  only  roughly  estimated, 
probably  would  be  not  less  than  $200,000  a  year.  Any 
civil  service  system  applied  to  the  law  department  should 
contain  liberal  powers  of  dismissal,  but  should  confine 
appointments  to  the  certified  list. 

Accounting  Agencies. 

The  maintenance  of  several  accounting  agencies  which 
is  necessitated  by  the  existence  of  several  independent 
governments  results  in  much  needless  overhead  and  other 
expense.  Moreover,  within  the  organizations  of  several 
of  these  governments  themselves  there  is  a  lack  of  cen- 
tralized accounting  control  which  tends  to  a  considerable 
amount  of  useless  interdepartmental  duplication  of  ac- 
counts and  other  waste.  On  the  other  hand,  accounts  and 
records  as  they  are  now  kept  are  frequently  inadequate 
to  furnish  either  officials  or  the  public  with  the  sort  of 
information  which  they  should  be  able  to  obtain.  The 
absence  of  some  controlling  accounting  authority  results 
in  many  conflicting  and  otherwise  unsatisfactory^  reports 
and  statements  based  upon  the  accounts. 

A  properly  organized  Comptroller's  office,  the  head  of 
which  would  be  clothed  with  authority  to  prescribe  the 
manner  in  which  all  departmental  and  other  accounting 
records  for  a  consolidated  government  should  be  kept, 


Unification  of  Local  Governments  41 

would  be  able  to  build  up  a  system  of  accounts  which 
would  be  adequate  for  all  purposes  and  which  would  pro- 
vide both  officials  and  the  public  with  accurate  informa- 
tibn  in  an  intelligible  form.  Besides,  it  should  be  possible 
to  operate  such  a  system  of  accounts  at  a  considerable 
saving  compared  with  what  the  present  unsatisfactory 
system  costs. 

The  Purchase  of  Supplies  and  Materials. 

Advantageous  purchasing  demands  a  central  purchas- 
ing department  and  the  standardization  of  equipment, 
materials  and  supplies  to  be  purchased.  In  discussing 
this  subject  in  its  report  on  the  Park  Governments  of 
Chicago,  the  Bureau  said : 

**  Centralized  purchasing  is  more  advantageous 
than  decentralized  purchasing  in  that  it  gives  to  the 
central  bureau  a  much  larger  buying  power.  Large 
buying  powder  makes  it  possible  to  deal  direct  with 
manufacturers,  in  fact,  manufacturers  will  bid 
against  one  another  for  large  orders.  Limited  buy- 
ing power  on  the  other  hand  means  small  orders. 
Manufacturers  are  not  attracted  as  a  rule  by  small 
orders  and  they  are  therefore  usually  placed  mth 
middlemen  with  the  result  that  middlemen's  profits 
are  paid.  Even  when  small  orders  are  placed  with 
manufacturers,  the  cost  is  nearly  always  higher  than 
on  large  orders. 

**  Centralized  purchasing  also  makes  it  possible  to 
maintain  a  better  equipped  purchasing  plant.  Such 
plants  are  usually  headed  by  an  official  purchasing 
agent  who  is  assisted  by  a  staff  of  experienced  buyers 
each  proficient  in  buying  some  one  or  more  particu- 
lar kinds  of  supplies  or  materials.  By  devoting  their 
entire  attention  to  market  conditions,  such  buyers 
are  often  able  to  foresee  fluctuations  in  prices  and 
by  governing  their  orders  accordingly  are  able  to 
save  large  sums  of  money.  The  office  of  a  properly 
equipped  purchasing  agent  contains  complete  files 
of  trade  catalogues,  special  trade  bulletins,  trade 


42  Chicago  Bureau  of  Public  Efjicieticy 

journals,  current  price-lists,  etc.,  all  carefully  indexed 
for  ready  reference.  Central  purchasing  methods 
also  facilitate  central  and  more  complete  financial 
control  which  in  itself  is  a  very  important  fact9r.'* 
•  •  •  ' 

**  Within  the  last  few  years  commercial  organiza- 
tions have  awakened  to  the  immense  savings  which 
are  possible  by  standardizing  their  equipment,  ma- 
terials and  supplies.  Several  cities,  notably  New 
York,  are  now  engaged  in  similar  work  of  standardi- 
zation. An  examination  of  the  purchases  made  by 
the  Park  Boards  indicates  that  the  large  savings 
which  would  be  possible  if  the  purchasing  power  of 
the  several  Boards  were  consolidated  would  be 
largely  increased  by  a  standardization  of  the  objects 
of  purchase. 

"The  accomplishment  of  this  result  would  include 
a  careful  study  by  officials  especially  authorized  for 
that  purpose,  to  determine  which  kind  or  grade  of 
each  supply  and  material  and  also  which  style  of 
equipment  is  best  adapted  for  the  particular  need 
to  be  supplied.  In  determining  these  matters  the 
officials  would,  of  course,  consider  the  original  cost 
as  well  as  the  relative  efficiency  of  the  final  results 
obtained  there\vith.  Having  determined  upon  the 
kinds,  grades,  styles,  etc.  best  adapted  for  the  par- 
ticular uses,  they  would  thenceforth  be  recognized 
as  standard.  Adequate  descriptions  thereof  would 
then  be  furnished  to  manufacturers  when  purchases 
became  necessary,  T\ath  a  request  for  lowest  prices. 
It  would  usually  be  found  profitable  to  purchase  large 
quantities. '* 

The  combined  buying  power  of  the  different  local  gov- 
ernments in  Chicago  is  enormous,  and  yet  their  separate 
existence  makes  it  practically  impossible  to  exercise  that 
power  to  advantage  in  the  interest  of  the  tax-paying 
public. 

Each  government  either  maintains  a  purchasing  de- 
partment or  designates  some  employe  to  act  as  purchas- 
ing agent.    However,  except  in  the  case  of  the  County, 


Unification  of  Local  Governments  43 

authority  to  purchase  and  to  let  contracts  for  supplies, 
materials,  and  equipment  is  distributed  among  other  de- 
partments and  employes ;  this  applies  particularly  to  the 
City  itself.  Little  consideration  has  been  given  to  the 
subject  of  standardization.  In  many  instances  payments 
are  not  made  in  a  prompt  and  businesslike  way.  The 
foregoing  and  other  conditions  incident  to  present  pur- 
chasing methods  tend  to  discourage  bids  from  responsible 
bidders.  In  fact,  many  first-class  concerns  refuse  to 
handle  public  business  at  all. 

An  efficient  and  well  equipped  central  purchasing  de- 
partment, co-operating  effectively  with  other  departments 
and  with  the  financial  officials,  would  correct  present 
wasteful  conditions  and  would  use  the  combined  purchas- 
ing power  of  the  consolidated  government  to  effect  very 
great  economies.  What  such  economies  might  amount 
to  it  is  impossible  to  estimate  accurately,  but  it  is  certain 
that  the  sum  would  be  very  large. 

It  is  practically  impossible  to  obtain  complete  figures 
as  to  the  amounts  expended  annually  for  equipment, 
materials,  and  supplies  by  the  present  governments. 
Such  estimates  as  can  be  made  from  figures  in  published 
reports  and  such  other  data  as  are  readily  available  indi- 
cate that  such  purchases  aggregate  more  than  $5,000,000; 
probably  the  actual  amount  is  very  much  greater  than 
that.  On  the  basis  of  these  partial  figures  ten  per  cent 
would  mean  an  aggregate  annual  saving  of  $500,000,  and 
ten  per  cent  on  present  costs  is  probably  a  conservative 
estimate  of  what  an  efficient  central  purchasing  depart- 
ment could  save  the  community. 

Parh  Consolidation. 

In  its  report  on  the  Park  Governments  of  Chicago, 
issued  in  1911,  the  Bureau  estimated  that  the  consolida- 


44  Chicago  Burecm  of  Public  Efficiency 

tion  of  the  various  Park  Boards  with  the  City  govenmient 
would  result  in  a  saving  of  $500,000  a  year.  During  the 
five  years  since  that  report  was  issued,  conditions  have 
changed  in  some  respects  both  as  to  organization  and 
other  matters,  so  that  the  detailed  figures  then  presented 
are  not  now  in  all  cases  applicable. 

The  Bureau  feels  assured,  however,  that,  if  Chicago's 
sixteen  Park  districts  were  consolidated  and  efficiently 
organized  as  a  department  of  the  City,  a  saving  of  at 
least  $500,000  a  year  would  still  be  possible.  Of  this 
amount  $74,000  is  included  in  the  overhead  expense  fig- 
ure on  page  30,  and  $100,000  is  included  in  the  amount 
which  it  has  been  estimated  a  central  purchasing  depart- 
ment could  save. 

Rent,  Light,  and  Telephone  Service. 

Present  conditions  do  not  permit  of  the  efficient  use  of 
the  space  in  the  City  Hall  and  County  Building.  Some 
City  departments  are  overcrowded  w^hile  still  others  have 
found  it  necessary  to  rent  quarters  outside  the  City  Hall. 
The  Board  of  Education  and  the  Sanitary  District  both 
rent  space  in  private  buildings.  On  the  other  hand,  there 
is  a  large  amount  of  space  in  the  County  Building  that 
is  wasted  because  of  the  necessity  of  providing  quarters 
for  so  many  separate  officials  and  administrative  boards. 

Abolishing  the  County  Board;  transferring  the  duties 
of  the  County  Clerk,  the  County  Treasurer,  the  Civil 
Service  Commission,  and  the  Sheriff  to  other  depart- 
ments; and  consolidating  the  tax  assessing  boards,  and 
also  the  several  court  clerks'  offices,  would  release  for 
other  uses  at  least  two  and  one-half  of  the  five  and  one- 
half  floors  in  the  County  building  now  used  for  adminis- 
trative purposes. 


Unification  of  Local  Governments  45 

The  additional  space  thus  made  available  could  be 
utilized  by  Gity  departments  which  are  now  located  out- 
side the  City  Hall,  or  which,  because  of  overcrowded 
conditions,  may  soon  find  it  necessary  to  rent  or  build 
other  quarters.  The  Sanitary  District  activities  and  the 
offices  of  the  consolidated  Park  department  could  be 
transferred  to  the  combined  City  and  County  building, 
and  possibly  even  the  Board  of  Education  could  be 
housed  there.  The  rental  value  of  two  and  one-half  floors 
in  the  County  building  on  the  basis  of  five  per  cent  for 
interest  and  depreciation,  plus  operating  and  mainten- 
ance charges,  is  approximately  $150,000  a  year.  This 
amount  is  about  twice  the  combined  rental  paid  by  the 
Board  of  Education  and  the  Sanitary  District  for  the 
premises  which  they  now  occupy. 

Reducing  the  number  of  officials  and  boards  w^ould  re- 
duce the  cost  of  light  and  telephone  service  as  well  as 
rent. 

Sanitary  District. 

The  continuance  of  the  Sanitary  District  as  a  separate 
government  invites  waste.  The  primary  work  which  the 
District  was  organized  to  perform,  namely,  the  construc- 
tion of  the  main  Sanitary  District  Channel  and  its  tribu- 
taries, will  be  soon  completed.  When  this  time  comes, 
there  is  danger  that  the  Board  will  make  an  effort  to 
enlarge  the  scope  of  its  activities  so  as  to  perpetuate  its 
existence.  In  any  event,  the  work  which  may  be  left 
under  its  jurisdiction  can  be  more  economically  handled 
by  the  City.  In  the  interest  of  economy  as  well  as 
efficiency,  therefore,  the  administrative  functions  of  the 
Sanitary  District  should  be  turned  over  as  soon  as  prac- 
ticable to  the  City  and  the  legal  existence  of  the  District 
terminated. 


46  Chicago  Bureau  of  Puhlic  Efficiency 

Other  Economies  Possible. 

The  foregoing  are  some  of  the  more  important  econo- 
mies which  would  result  from  unification  and  reorganiza- 
tion, but  there  also  would  be  many  others. 

The  consolidation  of  departments  should  make  it 
possible  to  economize  salary  expenditures.  To  illustrate : 
Transferring  to  the  City  Clerk  those  duties  of  the  County 
Clerk  which  would  naturally  be  assigned  to  the  former, 
would  mean  a  saving  of  $25,000  a  year  exclusive  of  any 
items  included  in  the  overhead  expense  figure  on  page  30. 
It  is  estimated  by  competent  authority  that,  if  the 
duties  of  the  house  drain  inspectors  attached  to  the 
Bureau  of  Sewers  were  transferred  to  the  staff  of  the 
Bureau  of  Sanitary  Inspection  in  the  Health  Department, 
enough  duplication  of  work  could  be  eliminated  to  save 
$20,000  a  year. 

Several  City  departments,  particularly  the  Police,  Fire, 
and  Public  Works  departments,  employ  a  large  number 
of  shop  and  other  mechanics  in  the  maintenance  and  re- 
pair of  buildings  and  equipment.  Each  department  main- 
tains a  separate  organization.  The  County,  the  Park 
Boards,  the  Sanitary  District,  and  the  Board  of  Educa- 
tion also  employ  mechanics  for  similar  work.  Data  as 
to  the  aggregate  amount  involved  in  the  annual  expendi- 
tures for  such  labor  are  not  readily  available,  but  it  totals 
several  hundred  thousand  dollars.  If  these  forces  were 
operated  as  a  single  organization,  the  cost  of  the  work 
done  should  be  materially  reduced.  The  plan  herewith 
proposed  by  the  Bureau  contemplates  the  continued  con- 
trol of  the  schools  by  a  Board  of  Education,  but  there 
would  seem  to  be  no  good  reason  why  ministerial  and 
administrative  matters,  such  as  purchases  of  supplies 
and  the  making  of  repairs  to  buildings  and  equipment 


Unification  of  Local  Governments  47 

under  the  jurisdiction  of  the  school  board,  should  not  be 
handled  through  the  centralized  agencies  maintained  by 
the  City  for  such  purposes. 

It  does  not  necessarily  follow,  of  course,  that  employes 
whose  positions  would  be  affected  by  consolidation  and 
reorganization  would  be  dismissed;  many  of  them  could 
be  transferred  to  other  departments  which  otherwise 
would  require  additional  help. 

Coroner's  juries  render  service  of  but  little  value  to 
the  community.  To  abolish  them,  as  might  well  be  done 
even  now,  would  mean  a  saving  of  about  $30,000  a  year 
in  juror's  fees.  If  the  duties  of  the  Coroner  were  trans- 
ferred to  the  Health  and  Law  departments  there  would  be 
even  less  excuse  for  retaining  the  present  Coroner's  jury 
system. 

It  will  be  noted  that  the  economies  above  suggested 
are  involved  almost  entirely  in  operating  and  mainten- 
ance charges.  Enormous  sums  are  also  expended  each 
year  for  permanent  public  improvements.  The  complete 
financial  control,  and  co-operation  and  foresight  in  the 
planning  and  carrying  out  of  such  improvements,  which 
a  single  government  could  exercise,  would  mean  not  only 
additional  economy  on  a  very  large  scale  in  connection 
with  this  class  of  work,  but  an  immensely  more  effective 
utilization  of  public  resources. 

Recapitulation  of  Money  Savings: 

The  following  is  a  recapitulation  of  the  economies  men- 
tioned above  which  should  be  effected  annually  through 
the  consolidation  of  Chicago 's  local  governments : 


48  Chicago  Bureau  of  PithUc  Efficiency 

1.  By  cutting  do-wTi  overhead  expense 
through  reducing  the  number  of  super- 
visory officials $550,000 

2.  By  reducing  the  number  of  elections  with 
their  accompanying  registrations  and 
primaries    836,000 

3.  By  reorganizing  and  consolidat- 
ing the  agencies  for  assessing 

and  collecting  taxes $400,000 

Less  overhead  expense  in- 
cluded in  item  1 65,000—  335,000 

4.  By   consolidating   and   reorganizing   the 

courts 

Judicial  force No  estimate 

Administrative  force 

Clerks'  offices $100,000 

Less  overhead  expense 
included  in  item  1 . . . .     54,000—    46,000 
Sheriff's  and  Bailiff's  offices. . .  140,000 
Jurors'  fees 50,000 

5.  By  consolidating  and  reorganizing  the  law 

departments  of  the  several  governments .  200,000 

6.  By  consolidating  and  reorganizing  the  ac- 

counting agencies  of  the  several  govern- 
ments   No  estimate 

7.  By  consolidating  and  reorganizing  the 
purchasing  departments  of  the  several 
governments  500,000 

8.  By   consolidating    the    several 

park  boards  with  the  city  gov- 
ernment   $500,000 

Less:  overhead  expense  in- 
cluded in  item  1 $  74,000 

savings  on  purchases 
included  in  item  7... $100,000 

$174,000—  326,000 


Unification  of  Local  Governments  49 

9.  By  reducing  expense  for  rent,  light  and 

telephone  service 150,000 

10.  By  abolishing  the  Sanitary  District  as  an 

independent  government No  estimate 

11  By  consolidating  and  reorganizing  other 
departmental    activities    of   the    several 

governments  No  complete 

estimate 
practicable 
The  following  items  illustrate  the  possi- 
bilities suggested  under  this  heading : 
By  consolidating  the  offices  of  the 

City  Clerk  and  County  Clerk 25,000 

By  transferrmg  house  drain  inspec- 
tors from  the  Bureau  of  Sewers  to 
the  Bureau  of  Sanitary  Inspection . .     20,000 

12.  By  consolidating  and  reorganizing  main- 
tenance and  repair  forces No  estimate 

13.  By  abolishing    Coroner's  juries 30,000 

14.  By  better  control  of  finances  and  greater 
co-operation  and  foresight  in  planning 
and  carrying  out  permanent  improve- 
ments   No  estimate 

Total  estimated  annual  economies .  $3,208,000 

The  Real  Need  for  Consolidation. 

Of  course  not  all  waste  in  the  administration  of  the 
local  governments  in  Chicago  is  due  directly  to  their  inde- 
pendent existence.  Large  economies  unquestionably  can 
and  should  be  effected  by  the  present  organizations.  Effi- 
ciency, however,  is  not  a  matter  of  inspiration;  it  is  a 
matter  of  development,  and  proper  organization  is  a 
fundamental  necessity  in  order  that  the  maximum  of 
progress  may  be  made.  A  unified  government  could  fore- 
cast the  future  needs  of  the  community  and  could  formu- 
late and  execute  plans  to  meet  them  with  a  degree  of 
efficiency  and  economy  which  is  utterly  impossible  under 
present  conditions. 


50  Chicago  Bureau  of  Public  Efficiency 

V.    FEATURES  OF  THE  REORGANIZATION  PROGRAM  THAT 
CAN  BE  PUT  INTO  EFFECT  WITHOUT  CHANG- 
ING THE  STATE  CONSTITUTION. 

Complete  unification  of  all  tlie  local  governments  in 
Chicago  is  impossible  under  the  State  Constitution  as  it 
now  stands.  At  the  very  earliest,  the  program  for  unifi- 
cation cannot  be  carried  to  success  in  less  than  five  or  six 
years.  Probably  the  time  required  will  be  longer.  How- 
ever, features  of  the  program  can  be  put  into  effect  at 
once,  and  thus  help  to  prepare  the  way  for  ultimate  con- 
solidation when  constitutional  barriers  shall  have  been 
removed. 

The  Legislature  of  Illinois,  with  the  consent  of  the  peo- 
ple of  Chicago  on  a  referendum  vote,  can  give  Chicago  a 
city  manager  type  of  charter,  that  is,  one  in  which  the  City 
Council  selects  the  Mayor,  etc. 

The  Legislature  also  can  reduce  the  number  of  elec- 
tions for  City  officials.  It  can  provide  for  the  election  of 
all  local  and  judicial  officials  on  non-partisan  lines. 

The  City  Treasurer  and  the  City  Clerk,  now  elective, 
can  be  made  appointive. 

The  Bailiff  and  Clerk  of  the  Municipal  Court  are  not 
necessarily  elective.  Provision  should  be  made  for  their 
appointment  by  the  Chief  Justice  or  by  the  judges  of  the 
court. 

The  County  Surveyor  and  the  Clerk  of  the  Probate 
Court  are  now  elective  by  statute.  They  should  be  ap- 
pointed. 

The  Legislature  should  reorganize  the  agencies  for 
assessing  property  for  purposes  of  taxation,  and  for 
collecting  taxes  and  special  assessments.  Such  reorgani- 
zation, together  with  provisions  for  substituting  modem 


Unification  of  Local  Governments  51 

methods  and  procedure  for  the  antiquated  methods  and 
procedure  now  prescribed  by  statute,  would  result  in 
greatly  increased  efficiency  and  large  money  savings.  A 
single  appointive  board  of  tax  commissioners  should  be 
substituted  for  the  present  Board  of  Assessors  and  Board 
of  Keview. 

Continued  existence  of  the  Sanitary  District  is  not  re- 
quired by  the  Constitution,  but  it  seems  practically  im- 
possible to  effect  legal  consolidation  of  the  City  and  the 
Sanitary  District  so  long  as  the  territorial  limits  of  the 
two  governments  are  different.  It  is  not  necessary, 
however,  that  the  Trustees  of  the  Sanitary  District  should 
continue  to  be  elective.  The  Legislature  could  provide 
for  their  selection  in  some  other  manner,  if  a  satisfactory 
method  of  appointment  could  be  devised. 

When  private  corporations  desire  to  bring  about  prac- 
tical harmony  of  action,  and  legal  merger  is  difficult  or 
impossible,  the  desired  end  is  often  attained  by  the  device 
of  interlocking  directorates.  The  people  of  this  com- 
munity could  utilize  substantially  the  same  device  in  a 
manner  beneficial  to  the  public,  if  they  should  see  fit  to 
do  so,  and  could  secure  the  enabling  legislation  necessary 
to  its  authorization.  The  present  arrangement  under 
which  the  County  Commissioners  of  Cook  County  act  as 
Commissioners  of  the  Forest  Preserve  District  affords 
an  illustration  in  point. 

So  long  as  Trustees  of  the  Sanitary  District  are  elective 
officials,  or  even  appointive  officials,  of  an  independent 
government,  having  a  separate  status,  the  tendency  will 
be  for  them  and  their  subordinates  to  magnify  the  im- 
portance of  the  government  with  which  they  are  identi- 
fied, and  to  desire  its  continued  existence.  It  is 
astonishing  what  pressure  can  be  brought  to  bear  by  a 


52  Chicago  Bureau  of  Public  Efficiency 

few  interested  oflSce  holders  and  their  political  associates 
to  prevent  the  abolition  of  governments  or  positions  no 
longer  necessary  or  desirable,  from  the  general  public 
point  of  view.  If  the  interlocking  directorate  idea  could 
be  applied  to  this  situation,  and  members  of  the  Chicago 
City  Council  could  be  made  the  Trustees  of  the  Sanitary 
District,  the  two  governments  could  be  caused  to  work 
in  harmony  in  the  interest  of  the  taxpayers  of  the  com- 
munity who  support  both.  In  so  far  as  tax  spending 
activities  of  the  Sanitary  District  could  be  reduced  in 
the  public  interest.  Trustees  who  are  also  members  of  the 
governing  body  of  the  more  important  municipal  entity — 
the  City — might  be  expected  to  foster  that  end. 

The  method  would  be  to  provide  for  the  apportionment 
of  the  Trustees  according  to  population  to  the  territory 
comprising  the  City  of  Chicago,  and  to  that  outside  the 
City  limits.  A  certain  number  of  Tinistees  would  be 
chosen  from  within  the  City  and  the  remainder  from  out- 
side, much  as  Commissioners  of  Cook  County  are  divided 
between  the  City  and  the  territory  outside.  Provide  that 
the  Sanitary  District  Trustees  apportioned  to  Chicago 
be  named  from  the  Chicago  City  Council,  perhaps  by  the 
Council  itself,  and  the  interlocking  directorate  idea  would 
be  in  effect.  Aldermen  serving  also  as  Sanitary  District 
Trustees  need  not  be  paid  for  taking  on  trustee  duties 
more  than  $1,000  in  addition  to  their  salaries  as  members 
of  the  City  Council.  The  present  compensation  of  Trus- 
tees is  $5,000  a  year,  and  $7,500  for  the  President,  or 
$47,500  a  year.  The  adoption  of  the  interlocking  direc- 
torate plan,  in  other  words,  could  be  made  to  effect  an 
annual  saving  in  Trustees'  salaries  of  perhaps  $35,000, 
while  producing  more,  economical  results  for  the  com- 
munity in  other  ways.  Instead  of  haWng  a  President 
designated  as  such  by  the  appointing  agency,  it  might 


Unification  of  Local  Governments  53 

be  better  to  provide  that  the  Trustees  should  select  one 
of  their  own  number  as  presiding  officer,  and  then  choose 
a  business  manager  as  the  real  executive  head  of  the 
District.  In  this  manner  Trustees  of  good  judgment,  even 
with  the  devotion  to  District  affairs  of  a  comparatively 
small  portion  of  their  individual  time,  could  secure  better 
results  for  the  District  than  are  obtained  under  present 
methods  of  administration.  A  competent  business  execu- 
tive, or  manager,  would  relieve  the  Trustees  of  many  of 
the  time-consuming  details  that  now  are  supposed  to 
demand  their  personal  attention. 

In  the  interest  of  shortening  the  ballot,  the  following 
elective  State  officials  could  be  made  appointive :  the  Trus- 
tees of  the  University  of  Illinois,  nine  in  number,  elected 
from  the  state  at  large ;  twenty-five  members  of  the  State 
Board  of  Equalization,  one  chosen  from  each  congres- 
sional district,  or  ten  from  Cook  County ;  one  Clerk  of  the 
Appellate  Court  for  the  first  district  which  is  coterminous 
with  Cook  County.  University  Trustees  should  be  ap- 
pointed by  the  Governor.  The  elective  State  Board  of 
Equalization  should  be  abolished,  and  a  State  tax  commis- 
sion, appointed  by  the  Governor,  should  be  created  in  its 
place.  The  Clerk  of  the  Appellate  Court  should  be  named 
by  the  Court,  and  should  be  paid  a  salary.  Five  thousand 
dollars  a  year  would  be  enough.  The  Clerk  is  now  paid 
in  fees,  the  amount  of  which  is  popularly  supposed  to  be 
at  least  $20,000  a  year. 

One  of  the  best  things  the  Legislature  could  do  for  this 
community,  in  advance  of  modification  of  the  Constitu- 
tion, would  be  to  provide  for  the  election  of  all  local  and 
judicial  officials  on  non-partisan  lines.  The  long  ballot  is 
especially  harmful  w^hen  a  cross  in  the  party  circle  at  the 
top  of  the  party  column  can  be  made  to  carry  a  vote  for 
all  the  candidates  whose  names  appear  in  that  column. 


54  Chicago  Bureau  of  Public  Efficiency 

VI.    FIRST  STEPS  IN  THE  UNIFICATION  PROGRAM. 

The  constitutional  amendment  of  1904  prepared  the 
way  for  the  abolition  of  the  justice  courts,  and  for  park 
consolidation.  The  status  of  Cook  County  was  not 
affected  by  that  change,  however,  and  the  many  detailed 
provisions  of  the  Constitution  of  1870  applicable  to  Cook 
County,  including  the  requirement  for  the  popular  elec- 
tion of  numerous  administrative  officials,  still  remain  as 
bars  to  general  consolidation  and  a  shorter  ballot.  Ef- 
fective reorganization  of  the  courts  is  impossible,  too, 
without  constitutional  changes. 

The  first  step  in  the  program  of  complete  unification 
of  local  governments  in  Chicago,  which  should  be  taken 
by  the  Legislature  of  Illinois  at  its  present  session,  is  to 
prepare  for  the  necessary  modifications  of  the  Constitu- 
tion, broad  enough  to  accomplish  the  purpose  in  view. 
The  community  also  should  undertake  the  thorough  study 
of  the  difficult  problems  of  reorganization  involved,  to 
which  this  report  seeks  to  direct  attention,  to  the  end 
that  legislative  changes  needed  to  promote  efficiency  and 
economy  may  be  instituted  speedily  and  intelligently, 
when  the  constitutional  barriers  shall  have  been  removed. 

Next,  the  Legislature  should  give  Chicago,  at  once,  a 
modified  form  of  the  city  manager  plan  of  government. 
The  change  should  be  made  operative  before  the  munici- 
pal election  of  1919.  The  law,  if  passed  at  the  present  ses- 
sion, can  be  submitted  to  a  referendum  vote  at  the  judicial 
election  of  November,  1917.  It  could  be  provided  that  in 
case  the  act  is  adopted,  Aldermen  to  be  chosen  in  1918 
shall  serve  for  one  year  only,  so  that  an  entirely  new 
group  of  Aldermen  can  be  elected  in  1919,  to  inaugurate 
the  new  system.    As  already  indicated  in  this  report,  tlie 


Unification  of  Local  Governments  55 

Bureau  believes  that  the  number  of  Aldermen  should  be 
reduced  from  70  to  35,  with  one  Alderman  from  a  ward. 
With  the  recall,  there  should  be  no  objection  to  making 
the  term  of  Aldermen  four  years.  Provision  should  be 
made  for  non-partisan  methods  of  election. 

The  adoption  of  this  plan  should  do  much  to  improve 
administration  and  to  develop  that  confidence  in  the  City 
government  which  is  so  essential  to  the  progress  of  the 
movement  for  complete  unification.  It  w^ould  result  di- 
rectly in  money  savings  amounting  to  approximately 
$700,000  a  year  by  reducing  the  number  of  city  elections. 

The  Cliicago  Bureau  of  Public  Efficiency  strong- 
ly recommends  this  plan,  and  urges  action  upon  it 
by  the  Ifegislature  at  its  present  session. 


APPENDICES 


APPENDIX  A 


AN  ARGUMENT  FOR  COURT  CONSOLIDATION 

By  Herbert  Harley 

Secretary,  American  Judicature  Society. 

There  is  no  more  reason  for  more  than  one  court  in  Chicago  than 
there  would  be  for  more  than  one  city  council,  more  than  one  school 
board,  or  more  than  one  police  department.  If  we  had  one  fire  depart- 
ment limited  to  the  use  of  ladders  and  axes,  another  limited  to  the  use 
of  chemicals,  and  another  provided  with  hose  but  no  ladders,  the  situa- 
tion would  be  practically  that  now  existing  in  the  judicial  field.  With 
such  splitting  up  of  the  fire  fighting  forces  the  department  using 
chemical  engines  could  be  summoned  first  because  a  chemical  engine 
is  all  that  is  needed  for  most  fires.  When  a  fire  got  beyond  the  control 
of  chemicals  the  department  with  hose  could  be  summoned.  In  some 
cases  this  would  result  in  extinguishing  the  fire.  If  ladders  and  axes 
were  required,  the  department  specializing  in  axes  and  ladders  could 
finally  be  notified  and  asked  to  co-operate. 

Chicago's  judges  are  equipped  with  judicial  power  in  just  about  this 
way.  Some  judges  can  deal  with  cases  of  a  certain  sort,  and  other 
judges  with  cases  of  another  sort.  There  are  many  controversies  which 
involve  the  use  of  different  kinds  of  judicial  power  and  these  cases 
have  to  be  split  up  and  be  dealt  with  piecemeal  by  different  judges  in 
different  courts. 

The  court  which  handles  over  100,000  criminal  and  quasi  criminal 
cases  every  year  cannot  deal  with  cases  which  involve  a  little  more 
severe  penalty  than  others.  A  person  who  has  been  the  victim  of  rob- 
bery, burglary,  embezzlement  or  a  serious  assault  must  ordinarily  ap- 
pear with  his  witnesses  before  a  Municipal  Court  judge  for  the  prelimi- 
nary examination  in  order  to  prove  that  the  offense  was  committed 
and  that  there  is  probable  cause  for  believing  the  respondent  guilty. 
If  successful  he  and  his  witnesses  must  appear  later  before  the  grand 
jury  to  repeat  this  procedure.  If  again  successful  they  must  all  appear 
some  time  later  to  really  prosecute  the  guilty  person  in  the  Criminal 
Court.  It  is  no  wonder  that  the  City  Council  Crime  Commission  found 
that  there  were  but  ten  per  cent  of  convictions  in  such  cases  in  a  cer- 
tain year.  And  in  only  three  per  cent  of  such  cases  was  a  greater  pen- 
alty imposed  by  the  Criminal  Court  than  could  have  been  imposed  by 
the  Municipal  Court  judge  before  whom  the  respondent  was  first 
arraigned. 

The  Domestic  Relations  branch  court,  although  performing  a  most 
useful  function,  is  able  to  do  only  half  what  it  could  do  if  it  had 


60  Chicago  Bureau  of  Public  Efficiency 

divorce  jurisdiction.  And  there  are  numerous  situations  arising  which 
call  for  proceedings  in  three  or  four  of  our  separate  courts  in  an  effort 
to  accomplish  justice.  This  disjointed  procedure  not  only  puts  the  public 
to  great  expense  but  results  necessarily  in  an  inferior  grade  of  justice. 

There  are  about  a  quarter  of  a  million  of  cases  of  all  kinds  heard 
every  year  by  Chicago's  seventy-one  judges.  This  Is  a  great  volume  of 
Immensely  Important  business.  There  is  no  great  complaint  that  the 
quality  of  justice  on  the  whole,  especially  If  cases  are  carried  through 
both  trial  and  appellate  courts,  is  unsatisfactory.  The  trouble  is  that 
It  takes  an  unconscionable  time  and  involves  wholly  needless  costs, 
both  to  litigants  and  to  taxpayers.  The  final  decision  is  in  accordance 
with  law  but  the  vast  and  Important  business  of  the  courts  is  conducted 
In  a  most  unbusinesslike  and  wasteful  manner  and  It  always  will  be  so 
conducted  until  the  judges  are  given  a  businesslike  organization. 

Adding  to  the  number  of  judges  of  a  large  unorganized  bench  simply 
increases  cost  without  promoting  efficiency.  Two  judges  added  to  four 
will  Increase  capacity,  but  ten  judges  added  to  thirty,  by  the  Inexorable 
law  of  diminishing  returns,  may  not  result  in  any  increase  of  product 
whatever.    The  system  simply  becomes  more  slack. 

The  lack  of  ordinary  business  organization  is  common  to  the  courts 
of  all  large  American  cities.  It  Is  a  relic  of  pioneer  conditions.  It  is 
the  most  conspicuous  defect  from  which  the  public  and  the  judges 
alike  now  most  suffer,  but,  fortunately,  it  Is  the  defect  most  readily 
cured. 

Chicago  has  gone  further  to  discover  the  right  remedy  for  this 
condition  than  any  other  city.  The  Municipal  Court,  established  under 
an  amendment  to  the  Illinois  Constitution,  was  the  first  court  in  the 
country  to  be  given  a  businesslike  organization.    This  was  effected  by: 

(1)  Providing  a  business  manager  in  the  Chief  Justice; 

(2)  Giving  him  power  to  control  calendars  and  segregate 
classes  of  causes  In  specialized  branch  courts; 

(3)  Permitting  him  to  choose  specialist  judges  for  these 
specialized  branches; 

(4)  Providing  meetings  of  judges  so  there  is  opportunity  for 
complaints  to  be  Investigated  and  for  judges  to  share  the  responsi- 
blllty  for  efBclent  management; 

(5)  Providing  for  minute  statistics  and  their  publication; 

(6)  Giving  the  court  large  powers  for  regulating  Its  procedure 
through  rules  of  court. 

The  Municipal  Court  has  done  wonderful  work  in  creating  special- 
ized branches  and  adapting  procedure  to  meet  the  needs  of  diversified 
judicial  business.  Its  features  have  been  copied  with  uniform  success 
in  a  number  of  other  cities.  It  has  fallen  short  of  maximum  efficiency 
in  criminal  causes  because  it  has  not  been  permitted  to  deal  with  the 
more  serious  offenses,  and  generally  because  It  Is  a  court  of  limited 
jurisdiction,  an  inferior  court,  and  first  class  judicial  talent  is  rarely 
secured  for  inferior  courts. 

The  situation  is  now  bad  enough  to  warrant  heroic  measures  but 


Unification  of  Local  Oovernments  61 

without  the  organization  and  resulting  responsibility  conferred  by  the 
Municipal  Court  act  it  would  be  intolerable.  The  relative  success  of 
the  plan  for  business  management,  for  administrative  control  and 
responsibility,  points  directly  to  ultimate  success  through  the  extension 
of  this  principle. 

The  one  great  advance  most  needed  for  Chicago  Courts  is  to  consoli- 
date them  all  into  a  single  court.  The  consolidated  court  should  have  a 
Chief  Justice  and  six  departments,  as  follows:  (1)  Equity,  (2)  Pro- 
bate, Domestic  Relations,  and  Juvenile,  (3)  Civil  Jury,  (4)  Civil  Non- 
jury, (5)  Criminal,  (6)  Appellate. 

All  the  judges  of  the  consolidated  court  should  have  full  trial 
jurisdiction  so  as  to  dispose  of,  in  a  single  proceeding,  any  controversy 
submitted;  but  for  purposes  of  salary  classification  the  judges  now 
possessing  limited  jurisdiction  should  become  junior  judges.  This 
would  permit  of  promotion  by  those  most  fit  for  advancement.  There 
should  be  freedom  for  assignment,  subject  to  rules,  so  that  the  square 
peg  and  the  round  hole  can  be  disassociated. 

Each  of  the  six  departments  or  divisions  should  have  its  Presiding 
Justice.  The  six  Presiding  Justices  should  constitute  a  Judicial  Coun- 
cil, which  should  have  power  to  govern  the  entire  court  and  all  its 
officers  through  rules  and  orders.  The  Chief  Justice  should  be  charged 
with  executing  the  orders  of  the  Judicial  Council  and  generally  with 
managing  the  business  of  the  Court 

Under  such  simple  organization  each  department  would  be  repre- 
sented in  the  Judicial  Council  through  its  Presiding  Justice  and  the 
Council  would  have  its  representative  in  each  department.  There  might 
be  more  than  a  score  of  specialized  tribunals,  each  adapted  to  perform 
some  special  function,  but  all  co-ordinated  in  a  single  wieldy  and 
responsible  machine. 

With  monthly  meetings  of  the  judges  of  divisions  and  publication 
of  full  statistics  there  would  be  a  body  of  facts  and  a  means  for  en- 
forcing intelligent  public  opinion  not  now  existing.  No  judge,  or  sep- 
arate court,  could  "pass  the  buck"  as  now.  The  organization  would 
also  conserve  the  independence  of  every  individual  judge;  no  judge 
would  need  to  fear  for  his  personal  safety  in  following  the  line  of  duty. 

Next  to  lack  of  unity  the  greatest  defect  of  the  Chicago  judiciary 
lies  in  the  haphazard  method  of  selecting  judges.  Chicago  must  not 
hope  to  get  the  best  judicial  talent  while  it  persists  in  ignoring  every 
fact  of  human  nature  in  Its  method  of  selection.  The  good  judges  that 
it  gets  are  got  in  spite  of  a  vicious  system.  No  improved  form  of  ballot 
will  enable  three-fourths  of  a  million  voters  to  function  intelligently 
in  the  selection  of  experts  whose  qualifications  are  known  to  less  than 
one-tenth  of  one  per  cent  of  the  voters.  The  trouble  may  be  summarized 
as  follows: 

(1)     Many  lawyers  ideally  qualified  for  judicial  service  abso- 
lutely refuse  to  become  politicians  in  order  to  serve  the  public  as 

judges. 


62  Chicago  Bureau  of  Public  Efficiency 

(2)  Those  who  enter  the  lists  are  subjected  to  great  and 
wholly  useless  expense  of  time  and  money. 

(3)  Judges  are  frequently  retired  without  reference  to  their 
fitness  so  the  public  loses  the  money  invested  in  their  experience. 

(4)  The  uncertainty  of  tenure  obliges  every  judge  to  devote 
a  great  deal  of  time  and  energy  to  the  distracting  and  undignified 
work  of  politics. 

(5)  No  opportunity  is  provided  for  retiring  superannuated 
judges. 

There  are  a  number  of  ways  of  selecting  judges,  none  so  bad  as 
popular  elections,  so  called,  in  the  large  city.  In  certain  states  the 
appointment  of  judges  by  governors  has  afforded  success.  The  objec- 
tion to  this  method  is  that  governors  are  partisans  and  in  no  wise 
responsible  for  the  administration  of  justice.  Nor  are  they  acquainted 
at  first  hand  with  available  material. 

Obviously  the  best  manner  of  selecting  judges  is  by  an  official  who 
is  competent  to  pass  upon  the  qualifications  of  candidates  and  who  is 
responsible  to  the  public  for  the  due  administration  of  justice.  The 
head  of  an  organized  court  is  emphatically  such  an  officer.  Nobody 
can  better  judge  the  qualifications  of  lawyers;  and  nobody  can  have  a 
more  powerful  motive  for  making  wise  selections  because  the  Chief 
Justice  must  rely  for  his  own  success  upon  the  quality  of  the  judges  In 
his  court. 

The  most  promising  proposal  for  reform  In  selecting  judges  in  large 
cities  is  that  the  administrative  head  of  the  organized  court  should  be 
permitted  to  fill  vacancies  occurring  during  his  term  of  office.  He 
should  himself  be  elected  on  a  non-partisan  ballot  for  a  term  of  four 
years.  If  any  check  is  placed  upon  his  power  of  appointment  it  should 
be  by  limiting  his  selection  to  names  on  a  public  eligible  list  which 
should  be  kept  filled  by  the  Judicial  Council. 

Under  unified  business  management  the  present  force  of  judges  In 
Chicago  could  soon  clean  up  calendars  In  all  divisions  and  branches  so 
that  there  would  be  opportunity  for  prompt  disposition  of  all  matters, 
civil  and  criminal,  for  the  first  time  In  more  than  a  generation.  At  the 
present  time  it  is  necessary  to  utilize  a  number  of  country  judges,  not- 
withstanding recent  large  additions  to  the  number  of  judges,  and  still 
the  civil  calendars  are  in  arrears  from  a  few  months  to  two  years  and 
the  delay  in  criminal  trials  is  the  cause  of  considerable  volume  of  ezistr 
ing  crime. 

The  consolidation  above  proposed  would  increase  the  efficiency  of 
judges  from  one-third  to  one-half  and  afford  a  sufficient  number  of 
Judges  in  future  years  when  the  city  shall  have  become  much  larger 
than  now. 

Consolidation  and  business  management,  with  the  exclusion  of 
politics  from  the  clerks'  and  bailiffs'  departments,  would  permit  of 
great  saving;  there  would  also  be  great  saving  in  the  economical  em- 
ployment of  Jurors.  A  great  saving  in  time,  money  and  Judicial  energy 
could  be  effected  by  radical  reform  in  the  methods  of  selecting  Judges. 


Unification  of  Local  Governments  63 

The  greatest  saving  would  naturally  be  the  indirect  saving  to  all 
persons  who  apply  to  the  courts  and  who  are  now  obliged  to  waste  a 
great  deal  of  time  in  person  and  through  their  counsel. 

The  higher  quality  of  justice  obtainable,  the  reduction  in  appeals, 
and  the  prevention  of  crime  by  making  it  unprofitable,  would  be  of 
greater  consequence  than  any  money  saving,  and  would  be  a  perma- 
nent civic  asset  enjoyed  by  all. 


64  Chicago  Bureau  of  Public  Efjficiency 


APPENDIX  B 


SKELETON   PLAN  OF  ORGANIZATION   FOR  A  UNIFIED  GOVERN- 
MENT FOR  CHICAGO. 

Elective  Officials. 

35  Aldermen  (one  from  each  of  35  wards) 
Chief  Justice  of  the  Metropolitan  Court 

Offices  and  Departments. 

Exclusive  of  the  organization  of  the  Metropolitan  Court  (shown 
on  chart  in  Appendix  E),  the  plan  of  organization  suggested  for  the 
unified  local  government  provides  for  a  City  Council  to  be  made 
up  of  35  elective  Aldermen,  and  for  the  following  nineteen  ofllces 
and  departments,  the  administrative  heads  of  two  of  which  will  be 
selected  by  the  City  Council  and  the  administrative  heads  of  seven- 
teen of  which  will  be  appointed  by  the  Mayor  who  will  be  elected 
by  the  Council. 

City  Clerk — To  be  selected  by  the  City  Council. 
Bureaus  or  divisions: 

General  Administration 

City  Council  (City  Clerk  to  act  as  clerk  of  the  Cottn 

cil  and  its  committees) 
Miscellaneous  Licenses 
Marriage  Licenses 
Records  and  Files 

City  Comptroller — To  be  selected  by  the  City  Council. 
Bureaus  or  divisions: 
Accounting: 
General 

Special  Assessment 
Auditing  and  Disbursing  (warrants) 
Payroll  Disbursements 
Statistics 
Advisory: 

Real  Estate  and  Compensation 
Advisory  Staff  of  Efficiency  and  other  special- 
ists. 

Department  of  Taxation: 

To  be  administered  by  three  Commissioners  to  be  appointed  by 
the  Mayor. 
Bureaus  or  divisions: 

Assessments  and  Revision 
Tax  Extension 


Unification  of  Local  Governments  65 

Treasury  Department: 

The  administrative  head  to  be  the  City  Treasurer  to  be  appointed 
by  the  Mayor. 
Bureaus  or  divisions: 

Tax  and  Special  Assessment  Receipts 
Miscellaneous  Revenue  Receipts 
Accounting 
Money 
Department  Of  Law: 

The  directing  head  to  be  the  Corporation  Counsel  to  be  appointed 
by  the  Mayor;  the  work  of  the  department  to  compre- 
hend all  the  legal  work  of  the  unified  government,  in- 
cluding the  functions  and  duties  of  the  State's  Attor- 
ney. The  legal  work  now  devolving  upon  the  Coro- 
ner's office  to  be  assumed  by  the  law  department. 
(The  Coroner's  office  to  be  abolished) 

Department  of  Purchases : 

The  administrative  head  to  be  the  City  Purchasing  Agent  to  be 
appointed  by  the  Mayor. 
Bureaus  or  divisions: 
Purchasing 
Stores 
Department  of  Police: 

The  administrative  head  to  be  the  General  Superintendent  of  Po- 
lice to  be  appointed  by  the  Mayor.  The  department  to 
handle  all  police  work  within  the  City,  including  all 
such  work  now  done  by  the  Sheriff,  Sanitary  District 
Marshal  and  Park  Police. 

Fire  Department: 

The  administrative  head  to  be  the  Fire  Marshal  to  be  appointed 
by  the  Mayor.  The  department  to  continue  the  work 
of  the  present  fire  department. 

Department  of  Public  Utilities: 

The  administrative  head  to  be  the  Commissioner  of  Public  Utili- 
ties to  be  appointed  by  the  Mayor.     The  department 
to  exercise  regulatory  powers  over  privately  owned 
utilities. 
Bureaus  or  divisions: 
Gas 

Electricity 

Local  Transportation 
Telephone 

Railway  Terminals  and  Track  Elevation 
Complaints 
Department  of  Piiblic  Works: 

The  administrative  head  to  be  the  Commissioner  of  Public  Works 
to  be  appointed  by  the  Mayor. 
Bureaus  or  divisions: 
Highways: 

Local  improvements  by  special  assessment 


66  Chicago  Bureau  of  Public  Efficiency 

Department  of  Public  Works:     (continued) 

Maintenance  and  repairs   (pavements,  walks, 

sewers) 
Street  and  alley  cleaning 
Waste  removal 
Sewer  cleaning 

Water: 

Operation  and  maintenance  of  pumping  sta- 
tions, cribs,  and  tunnels. 

Water     Pipe     Extension     (construction     and 
maintenance) 

Meter  Shops 

Assessment  and  Collection  of  Water  Rates. 
Bridges  and  Viaducts: 

Construction 

Maintenance 

Operation 

Harbors : 

Construction,  Maintenance,  Operation 
Regulation  and  Supervision 

Electricity: 

Street    Lighting    (construction,   maintenance 

and  operation) 
Generating   Plants    (maintenance   and   opera- 
tion) 
Signal  Systems  (Police  and  Fire) 
Commercial  (Sale  of  surplus  electrical  energy) 

Sewage  Disposal: 

Sanitary  District  Canals  (construction,  main- 
tenance and  operation) 
Illinois  and  Michigan  Canal  and  Illinois  River 
Conditions 

Waste  Disposal: 

Reduction  Plants 

Incinerators 

Dumps 
Public  Buildings: 

City  Hall  (and  County  Building) 

Criminal  Court  Building 

Architecture  and  Designing: 
Architecture 
Mechanical  Designing 

Tests 

Construction  and  Maintenance: 

Construction 

Maintenance  (including  all  municipal  shops) 


Unification  of  Local  Governments  67 

Department  of  Inspection: 

The  administrative  head  to  be  Commissioner  of  Inspection  to  be 
appointed  by  the  Mayor. 

Bureaus  or  divisions: 
Buildings 
Steam  Boilers 
Smoke 

Weights  and  Measures 
Electrical 
City  Markets 
Department  of  Education: 

To  be  administered  by  a  Board  of  Education  consisting  of  seven 
members  to  be  appointed  by  the  Mayor  and  to  serve 
without  compensation. 
The  proposed  plan  contemplates  that  this  department  shall  ad- 
minister the  affairs  of  the  public  schools  and  libraries 
but  the  Bureau  has  not  attempted  to  set  up  the  intra- 
departmental  organization  for  such  purpose.  The  pres- 
ent Library  Board  would  be  discontinued. 

Department  of  Parks  and  Recreation: 

To  be  administered  by  a  Superintendent  of  Parks  to  be  appointed 
by  the  Mayor. 

Bureaus  or  divisions: 

General  Administration  and  Accounting 
Engineering 
General  Maintenance 
Horticultural 
Recreation 
Zoological 
Department  of  Public  Welfare: 

The  administrative  head  to  be  the  Commissioner  of  Public  Wel- 
fare to  be  appointed  by  the  Mayor. 

Bureaus  or  divisions: 

Hospitals  and  Sanitariums: 

General  Hospitals   (Including  present  County 

Hospital) 
Municipal  Tuberculosis  Sanitarium 
Oak  Forest  Institutions 

Penal  and  Correctional  Institutions: 
Jail 

House  of  Correction 
Farm  Colony 

House  of  Shelter  for  Women 
School  for  Boys 
Home  for  Delinquent  and  Dependent  Children 

Social  Service: 

Employment 

Municipal  Lodging  House 

Public  Relief 


68  Chicago  Bureau  of  Public  Efficiency 

Department  of  Public  Welfare:     (continued) 

Social  Surveys 
Municipal  Dance  Halls 
Public  Baths 
City  Fanning 

Department  of  Health: 

The  administrative  head  to  be  the  Commisflloner  of  Health  to  be 
appointed  by  the  Mayor. 

Bureaus  or  divisions: 

'General  Administration 
•Vital  Statistics 
•Food  Inspection 
♦Contagious  Disease  Hospitals 
•Sanitary  Inspection 
•Medical  Inspection 
•Laboratory 

Department  of  Elections: 

To  be  administered  by  three  Commissioners  to  be  appointed  by 
the  Mayor. 

Department  of  Recording  and  Registry: 

The  administrative  head  to  be  the  Recorder  of  Deeds  and  Regis- 
trar of  Titles  to  be  appointed  by  the  Mayor. 

Bureaus  or  divisions: 
Recording 
Abstract 

Registrar  (Torrens) 
Maps  and  Plats 

Civil  Service  Commission: 

To  consist  of  three  Oommiasioners  to  be  appointed  by  the  Mayor, 
to  administer  all  civil  service  laws  applicable  to  em- 
ployes of  the  consolidated  municipality. 

Examining  Boards: 

Plumbers 

Masons 

Engineers 


•Present   departmental   organization. 


Unification  of  Local  Oovernments 


69 


TABULAR      STATEMENT       SHOWING       DISTRIBUTION,       UNDER 

PROPOSED  PLAN  OF  UNIFICATION,  OF  THE  FUNCTIONS 

OF  THE  OFFICES  AND  DEPARTMENTS  OF  THE 

PRESENT    LOCAL    GOVERNMENTS    IN 

CHICAGO.* 


Present  Elective  City  Officials. 


Present 
Mayor  as  Presiding  OfiBcer 
Mayor  as  Executive  Head 
City  Council 
City  Clerk 
City  Treasurer 

Chief  Justice  of  Municipal  Court 
Associate  Justices  of  Municipal 
Court 

Clerk — Municipal  Court 
Bailiff— Municipal  Court 


Duties  Transferred  to 
President  of  City  Council 
Mayor 

City  Council 
City  Clerk 
City  Treasurer 

Chief  Justice  of  Metropolitan  Court 
Associate  Judges  of  Metropolitan 
Court 

Clerk  of  Metropolitan  Court 
Bailiff  of  Metropolitan  Court 


Other  City  Officials  and   Departments. 


Corporation  Counsel  and  Staff 

Prosecuting  Attorney  and  Staff 

City  Attorney  and  Staff 

Comptroller 

City  Collector 
License  Division  (applications) 
Collection    Division    (Special 
Assessments) 

Collection  Division  (Miscellane- 
ous Revenue) 

Board  of  Election  Commissioners 

Civil  Service  Ck)mmisslon 

Efficiency     Staff — Finance     Com- 
mittee 

Department  of  Supplies 

Department  of  Police 

House  of  Correction 

Fire  Department 

Department  of  Buildings 

Dept.  of  Health  (except  Di-visions 
of  Waste  Disposal,  Municipal 
Lodging  House  and  Public 
Baths) 

Department  of  Health 
Division     of     Waste     Disposal 
(Reduction    Plants    and    Incin- 
erators) 


Department  of  Law 
Department  of  Law 
Department  of  Law 
Comptroller 

City  Clerk 

Treasury  Department 

Treasury  Department 
Department  of  Elections 
Civil  Service  Commission 

Comptroller 

Department  of  Purchases 
Department  of  Police 
Department  of  Public  Welfare 
Fire  Department 
Department  of  Inspection 


Department  of  Health 


Department  of  Public  Works — 
Bureau  of  Waste  Disposal 


'Departmental  organization  as  of   1915. 


70 


Chicago  Bureau  of  Public  Efficiency 


Present 
Department  of  Health  (continued) 

Division  of  Municipal  Lodging 

House 

Division  of  Public  Baths 
City  Physician 
Dept.  for  the  Inspection  of  Steam 

Boilers,  etc. 
Dept.  of  Weights  and  Measures 
Department  of  Smoke  Inspection 
Examining  Boards 
Inspector  of  Oils 

Department  of  Public  Welfare 
Board  of  Local  Improvements 

City  Markets 
Special  Park  Commission 
Dept.  of  Gas  &  Electricity  (except 
Bureaus    of    Electrical    Inspec- 
tion and  Electrical  Wiring) 
Bureau  of  Electrical  Inspection 
Bureau  of  Electrical  Wiring 


Department  of  Public  Service 
Department  of  Public  Works 
Bureau  of  Engineering 
Div.  of  Stations  and  Cribs 

Div.  of  Water  Pipe  Extension 

Div.  of  Water  Meter  Shops 

Designing  Division 

Testing  Division 
Construction  Division 

Div.  of  Water  Works  Shops 


Div.  of  Pipe  Yards  &  Stores 
Div.    of    Bridges    &    Harbors 
(except  Harbor  Section) 
Harbor  Section 

Bureau  of  Streets 


Duties  Transferred  to 


Department  of  Public  Welfare 
Department  of  Public  Welfare 
Department  of  Health 

Department  of  Inspection 
Department  of  Inspection 
Department  of  Inspection 
Examining  Boards 
Department  of  Public  Works — 

Bureau  of  Tests 
Department  of  Public  Welfare 
Department  of  Public  Works — 

Bureau  of  Highways 
Department  of  Inspection 
Department  of  Parks  &  Recreation 

Department  of  Public  Works — 
Bureau  of  Electricity 

Department  of  Inspection 

Department  of  Public  Works — 
Bureau  of  Construction  &  Main- 
tenance 

Department  of  Public  Utilities 


Department  of  Public  Works — 
Bureau  of  Water 

Department  of  Public  Works — 
Bureau  of  Water 

Department  of  Public  Works — 
Bureau  of  Water 

Department  of  Public  Works — 
Bureau   of  Architecture   and   De- 
signing 

Department  of  Public  Works — 
Bureau  of  Tests 

Department  of  Public  Works — 
Bureau  of  Construction  and  Main- 
tenance 

Department  of  Public  Works — 
Bureau  of  Construction  and  Main- 
tenance 

Department  of  Purchases 

Department  of  Public  Works — 
Bureau  of  Bridges  &  Viaducts 

Department  of  Public  Works — 
Bureau  of  Harbors 

Department  of  Public  Works — 
Bureau  of  Highways 


Unification  of  Local  Governments 


71 


Present 
Department  of  Public  Works 


Duties  Transferred  to 
(continued) 


Bureau  of  Sewers  (except  di- 
vision of  House  Drain  Inspec- 
tion) 

Div.  of  House  Drain  Inspec- 
tion 

Bureau  of  Water 

Bureau  of  Compensation 
Bureau  of  City  Hall 

Bureau  of  Architecturte 


Bureau  of  Maps  &  Plats 

Harbor  and  Subway  Commission 

Bureau  of  Statistics 
Municipal  Reference  Library 


Department  of  Public  Works — 
Bureau  of  Highways 

Department  of  Health  — 
Bureau  of  Sanitary  Inspection 

Department  of  Public  Works — 
Bureau  of  Water 

Comptroller 

Department  of  Public  Works — 
Bureau  of  Public  Buildings 

Department  of  Public  Works — 
Bureau  of  Architecture  and  De- 
signing 

Department  of  Recording  and  Regis- 
try 

Department  of  Public  Works — 
Bureau  of  Harbors 

Abolished 

Department  of  Education 


Local  Governments  with  Trustees  Now  Appointed  by  the  Mayor. 
Board  of  Education 


Library  Board 

Municipal    Tuberculosis    Sanitar- 


ium 


Dept.    of    Education    (Board    of    7 
members  appointed  by  the  Mayor) 
Department  of  Education 

Department  of  Public  Welfare 


Elective  County  Officials. 


County     Commissioners — Legisla- 
tive Functions 

County  Commissioners — Adminis- 
trative Functions 

Sheriff 
As  Conservator  of  the  Peace 
As    Executive    Officer    of    the 

Courts 
As  Custodian  of  County  Build- 
ing 
As  Custodian  of  Criminal  Court 

Building 
As  County  Jailer 

Board  of  Assessors 

Board  of  Review 

County  Clerk 
Clerk  of  County  Board 
General    Administration     Divi- 
sion 
Marriage  License  Division 
Division  of  Vital  Statistics 


City  Council 

Sundry  Departments 

Department  of  Police 

Bailiff  of  Metropolitan  Court 
Department  of  Public  Works — 

Bureau  of  Public  Buildings 
Department  of  Public  Works — 

Bureau  of  Public  Buildings 
Department  of  Public  Welfare 
Department  of  Taxation 
Department  of  Taxation 

City  Clerk 

City  Clerk 
City  Clerk 
Department  of  Health 


72 


Chicago  Bureau  of  PMic  Efficieiicy 


Present 
County  Clerk  (continued) 

Tax  Sale  Redemption  DivlBion 

Election  Division 

Map  Division 

Tax  Extension  Division 

As  ex-oflacio  Comptroller 
County  Treasurer 

As  County  Treasurer 

As  ex-offlcio  Town  and  County 
Collector 
Recorder 
Coroner 

Legal  Investigations 

Medical  Investigations 

County  Superintendent  of  Schools 

Surveyor 

State's  Attorney 

Clerk,  Superior  Court 

Clerk,  Circuit  Court 

Clerk,  Criminal  Court 

Clerk,  Probate  Court 

Clerk,  County  Court 

Superior  Court  Judges 

Circuit  Court  Judges 

Probate  Court  Judge 

County  Judge 


Duties  Transferred  to 

Treasury  Department 
Department  of  Elections 
Department  of  Taxation 
Department  of  Taxation 
Comptroller 

Treasury  Department 

Treasury  Department 

Dept  of  Recording  &  Registry 

Department  of  Law 
Department  of  Health — 

Bureau  of  Medical  Inspection 
Department  of  Education 
Abolished 
Department  of  Law 


Clerk  of  Metropolitan  Court 


Associate  Judges  of  Metropolitan 
Court 


Other  County  Officials  and  Institutions. 


Superintendent  of  Public  Service 
Superintendent  of  Public  Service 
Bureau  of  Mechanics 

County  Civil  Service  Commission 
Jury  Commissioners 

Oak  Forest  Institutions 

County  Hospital 

County  Agent 

Home  for  Delinquent  and  Depend- 
ent Children 

Adult  Probation  OflScers 

Juvenile  Court  Probation  Officers 

Bureau  of  Social  Service 

County  Superintendent  of  High- 
ways 


Department  of  Purchases 

Department  of  Public  Works — 
Bureau  of  Construction  &  Main- 
tenance 

Civil  Service  Commission 

Metropolitan  Court — 
Jury  Commissioners 

Department  of  Public  Welfare 
Department  of  Public  Welfare 
Department  of  Public  Welfare 

Department  of  Public  Welfare 

Metropolitan  Court — 

Probation  Officers 
Department  of  Public  Welfare 
Department  of  Public  Works — 

Bureau  of  Highways 


Unification  of  Local  Governments 


73 


Forest  Preserve  District  of  Cook  County. 

Present  Duties  Transferred  to 

CommisBloners   (County  Commis- 


sioners now  act  as  Forest  Pre- 
serve District  Commissioners) 
Legislative  Functions 
Administrative  Functions 


City  Council 

Dept.  of  Parks  and  Recreation 


Sanitary  District  of  Chicago 
Officials   and    Departments. 


Trustees — Legislative  Functions 
Trustees — Administrative      Func- 
tions 
Secretaries  to  Trustees 
Consulting  Engineer 

Law  Department 

Clerk  of  District 
Clerk  of  the  Board 
General  Administration 
Collector  of  Revenue 

Treasurer 

Engineering  Department 
Construction,  Maintenance  &  Op 
eration   of  Canals,   Locks,   and 
Dams 

Dept.  of  Illinois  &  Michigan  Canal 
&  Illinois  River  Conditions 

Purchasing  Department 

Department  of  Electricity 
Operation  and  Maintenance  Di- 
vision 

Construction  Division 

Accounting  &  Auditing  Division 
Collection  Division 
Commercial  Division 

Real  Estate  Department 
Police  Department 


City  Council 

Sundry  City  Departments 
Abolished 

Department  of  Public  Works- 
Bureau  of  Sewage  Disposal 
Department  of  Law 

City  Clerk 
Comptroller 
Treasury  Department 
Treasury  Department 


Department  of  Public  Works — 
Bureau  of  Sewage  Disposal 

Department  of  Public  Works — 
Bureau  of  Sewage  Disposal 

Department  of  Purchases 

Department  of  Public  Works — 
Bureau  of  Electricity 

Department  of  Public  Works — 
Bureau  of  Electricity 

Comptroller 

Treasury  Department 

Department  of  Public  Works — 
Bureau  of  Electricity 

Comptroller 

Department  of  Police 


Officials  and  Departments  of  the  Park  Governments. 
South  Paa-Jc  Commissioners 


Legislative  Fiinctions 
Administrative  Functions 

Auditor 

Secretary 

General  Superintendent 


City  Council 

Dept.  of  Parks  and  Recreation 

Abolished 

Abolished 

Dept.  of  Parks  and  Recreation 


74 


Chicago  Bureau  of  Public  Efficiency 


Present 

South  Park  Commissioners 

Law  Department 

Accounting  Division 
General  Accounting 
Departmental  Accounting 
Special  Assessment  Collection 

Purchasing  Division 

Treasurer 

Engineering  &  Construction  Divi 
sion 

Mechanical  &  Electrical  Division 

Maintenance  &  Repair  Division 

Playgrounds  &  Sports  Division 

Landscape  Division 

Police  Division 

Civil  Service  Commission 

West  Chicago  Park  Commissioners 
Legislative  Functtons 
Administrative  Functions 

Secretary 

Superintendent  &  Chief  Engineer 

Law  Department 

Administration  Department 
General  Accounting 
Departmental  Accounting 
Special  Assessment  Collection 
Purchasing  and  Stores 

Treasurer 

Engineering  Department 

Landscape  Architect 

Maintenance  Department 

Playgrounds  Department 

Police  Department 

Civil  Service  Commission 

Lincoln  Park  Commissioners 
Legislative  Functions 
Administrative  Functions 

Secretary 

Superintendent 

Attorney 

Administration  Department 
General  Accounting 
Departmental  Accounting 

Stores  Department 

Treasurer 


Duties  Transferred  to 
(continued) 

Department  of  Law 


Comptroller 

Dept.  of  Parks  and  Recreation 
Treasury  Department 
Department  of  Purchases 
Treasury  Department 

Dept.  of  Parks  and  Recreation 
Dept.  of  Parks  and  Recreation 
Dept.  of  Parks  and  Recreation 
Dept.  of  Parks  and  Recreation 
Dept.  of  Parks  and  Recreation 
Department  of  Police 
Civil  Service  Commission 


City  Council 

Dept.  of  Parks  and  Recreation 

Abolished 

Dept.  of  Parks  and  Recreation 

Department  of  Law 

Comptroller 

Dept.  of  Parks  and  Recreation 

Treasury  Department 

Department  of  Purchases 

Treasury  Department 

Dept.  of  Parks  and  Recreation 

Dept.  of  Parks  and  Recreation 

Dept.  of  Parks  and  Recreation 

Dept.  of  Parks  and  Recreation 

Department  of  Police 

Civil  Service  Commission 

City  Council 

Dept.  of  Parks  and  Recreation 

Abolished 

Dept.  of  Parks  and  Recreation 

Department  of  Law 

Comptroller 

Dept.  of  Parks  and  Recreation 
Department  of  Purchases 
Treasury  Department 


Unification  of  Local  Governments  75 

Present  Duties  Transferred  to 

Lincoln  Park  Commissioners       (continued) 
Mechanical  &  Repair  Department' 
Electrical  Department 
Engineering  Department 
Park  Extension  Department 
Lemont  Black  Soil  Farm 
Maintenance   of   Parks   &   Boule- 
vards 
Heating  Department  >^^P^-  °^  ^^^^^  ^""^  Recreation 

Floral  Department 
Zoological  Department 
Fieldhouses  and  Playgrounds 
Stables  Department 
Nursery  Farm 
Bathing  Beaches 

Police  Department  Department  of  Police 

Laundry  Department  Department  of  Public  Welfare 

Civil  Service  Commission  Civil  Service  Commission 

Small  Park  Districts 

(11  districts  within  present  City 
limits; 

2  districts  partly  within  and 
partly  without  present  City 
limits). 

65  Elective  Park  Commissioners 
Legislative  Functions  City  Council 

Administrative  Functions  Dept.  of  Parks  and  Recreation 

Attorneys  Department  of  Law 

Treasurers  Treasury  Department 

Secretaries  ] 

Maintenance  Divisions  I  Dept.  of  Parks  and  Recreation 

(Parks,    Boulevards    &   Play- 
grounds) J 

Eight  Townships  Now  Within  City  Limits. 

(To  be  abolished.) 

Evanston  Lake  View 

Hyde  Park  North   Chicago 

Jefferson  South  Chicago 

Lake  West  Chicago 


76 


Chicago  Bureau  of  Public  Efficiency 


LIST     OF     LOCAL     GOVERNMENTS     OUTSIDE     THE     PRESENT 
LIMITS    OF    CHICAGO,    BUT    WITHIN    THE    PROPOSED    CITY 
LIMITS,    WHICH    WOULD    BE    ABOLISHED    BY    CON- 
SOLIDATION     AND      THE      FUNCTIONS      OF 
WHICH   WOULD   BE  TAKEN   OVER   BY 
THE  UNIFIED  MUNICIPALITY. 


Eight  Townships  Outside  or  Partly  Outside  Present  City  Limits. 

Berwyn  New  Trier  Riverside 

Calumet  Niles  Stlckney 

City  of  Evanston  Oak  Park 


Nine  Townships  Partly  Within  and  Partly  Without  Proposed  Crty 

Limits. 


(To  be  abolished  as  to  those  portions 

WlthlE 

I  proposed  City  limits.) 

Bremen 

Maine 

Proviso 

Leyden 

Northfleld 

Thornton 

Lyons 

Norwood  Park 

Worth 

Five  Cities. 

Berwyn 

Harvey 

Blue  Island 

West 

Hammond 

Evanston 

Thirty-flve  Villages  Outside  Present  City  Limit*  But  Within  Proposed 

Limits. 


Bell  wood 
Broadview 
Brookfleld 
Burnhtun 
Burr  Oak 
Cicero 
Dolton 

Evergreen  Park 
Forest  Park 
Franklin  Park 
Glencoe 
Glenvlew 


Gross  Point 

Kenllworth 

Lyons 

Maywood 

Melrose  Park 

Morton  Grove 

Mount  Greenwood 

Nlles 

Nllea  Center 

Oak  Park 

Phoenix 

Posen 


Rlverdale 

River  Forest 

River  Grove 

Riverside 

Shermervllle 

South  Holland 

Stlckney 

Summit 

Tessville 

Wilmette 

Wlnnetka 


Unification  of  Local  Governments 


77 


Ten  Park  Districts. 

Blue  Island  Oak  Park 

Clyde  Rlverdale 

Qlencoe  River  Forest 

Kenllworth  Wllmette 

Northwest  Park  District  oJ  WInnetka 
Evanston 


Ptfty  School  Districts, 


Eleven  School   Dlstrlots  Partly  Within  and   Partly  Without  Proposed 

Limits. 

(To  be  abolished  as  to  those  portions  within  the  proposed  limits.) 


78  Chicago  Bureau  of  Public  Efficiency 

APPENDIX  C 


CALENDAR  OF  ELECTION   EVENTS  IN   CHICAGO  FOR  A  PERIOD 

OF  YEARS. 


1916  Registration,  Canvass,  and  Revision  in  February. 
City  Primaries  in  February. 

Registration,  Canvass,  and  Revision  in  March. 

City  Election  in  April. 

Presidential  Primaries  in  April. 

Judicial  Election  in  June. 

Registration,  Canvass,  and  Revision  in  August. 

General  Primaries  in  September. 

Two  Registration  Days,  Canvass,  and  Revision  in  October. 

General  Election  in  November. 

1917  Registration,  Canvass,  and  Revision  In  February. 
City  Primaries  in  February. 

Registration,  Canvass,  and  Revision  in  March. 

City  Election  in  April. 

Judicial  Election  In  November.* 

1918  Registration,  Canvass,  and  Revision  in  February. 
City  Primaries  In  February. 

Registration,  Canvass,  and  Revision  in  March. 

City  Election  In  April. 

Registration,  Canvass,  and  Revision  in  August. 

General  Primaries  in  September. 

Two  Registration  Days,  Canvass,  and  Revision  In  October. 

General  Election  in  November. 

1919  Registration,  Canvass,  and  Revision  In  February. 
City  Primaries  in  February. 

Registration,  Canvass,  and  Revision  in  March. 
City  Election  in  April. 

1920  Registration,  Canvass,  and  Revision  in  February. 
City  Primaries  in  February. 

Registration,  Canvass,  and  Revision  In  March. 

City  Election  in  April. 

Presidential  Primaries  in  April. 

Registration,  Canvass,  and  Revision  In  August. 

General  Primaries  In  September. 

Two  Registration  Days,  Canvass,  and  Revision  In  October. 

General  Election  In  November. 

1921  Registration,  Canvass,  and  Revision  In  February. 
City  Primaries  In  February. 

Registration,  Canvass,  and  Revision  In  March. 
City  Election  in  April. 
Judicial  Election  In  June. 


Unification  of  Local  Governments  79 

1922  Registration,  Canvass,  and  Revision  in  February. 
City  Primaries  in  February. 

Registration,  Canvass,  and  Revision  in  March. 

City  Election  in  April. 

Judicial  Election  in  June. 

Registration,  Canvass,  and  Revision  in  August. 

General  Primaries  In  September. 

Two  Registration  Days,  Canvass,  and  Revision  In  October. 

General  Election  in  November. 

1923  Registration,  Canvass,  and  Revision  In  February. 
City  Primaries  in  February. 

Registration,  Canvass,  and  Revision  in  March. 

City  Election  in  April. 

Judicial  Election  in  November.* 

1924  Registration,  Canvass,  and  Revision  in  February. 
City  Primaries  in  February. 

Registration,  Canvass,  and  Revision  in  March. 

City  Election  in  April. 

Presidential  Primaries  in  April. 

Judicial  Election  (Supreme  Court  Judge)  in  June. 

Registration,  Canvass,  and  Revision  In  August. 

General  Primaries  in  September. 

Two  Registration  Days,  Canvass,  and  Revision  in  October. 

General  Election  in  November. 


♦It  was  the  intention  of  the  Legislature  in  passing  the  Primary  Elec- 
tion Law  to  provide  direct  primaries  for  all  judicial  elections.  The 
Illinois  Supreme  Court  has  held,  however,  that  the  provisions  of  the 
Primary  Law,  so  far  as  they  apply  to  judicial  elections  to  be  held  in 
June,  are  conflicting  and  therefore  inoperative.  The  opinion  of  the 
court  has  raised  some  doubt  as  to  whether  the  Primary  Law  is  opera- 
tive as  to  judicial  elections  to  be  held  in  November,  In  case  a  primary 
should  be  held  for  the  November  judicial  election,  it  would  be  preceded 
by  the  usual  registration,  canvass,  and  revision. 


80  Chicago  Bureau  of  Public  Efficiency 

COST  OF  ELECTIONS  IN  COOK  COUNTY,  CHICAGO,  AND  CICERO 
FOR  THE  YEAR   1916. 


The  total  election  expenditures  for  the  year  1916  of  CJook  County, 
Chicago,  and  Cicero  were  $2,106,047.  Of  this  amount,  $75,657  was  spent 
by  Cook  County  for  the  portion  of  the  County  outside  the  jurisdiction 
of  the  Board  of  Election  Commissioners.  The  commission  has  jurisdic- 
tion over  Chicago  and  Cicero.  The  portion  of  the  expense  chargeable 
to  Cicero  was  approximately  $7,500. 

A  table  prepared  In  the  office  of  the  Board  of  Election  Commis- 
sioners apportions  $1,840,989  of  expense  chargeable  to  Cook  County, 
Chicago,  and  Cicero  for  the  territory  within  the  jurisdiction  of  the 
Board  (Chicago  and  Cicero)  among  different  primaries  and  elections 
of  the  year  for  the  purpose  of  showing  the  cost  of  each.  Following  is 
the  table. 

COST  OF  ELECTIONS  IN  THE  CITY  OF  CHICAGO  AND  TOWN  OF 
CICERO  FOR  THE  YEAR  1916. 


City  Primary — Feb.  29,  1916. 

(Including  Registration,  Canvass  and  Revision). 

Election  Officers  (Judges  &  Clerks) $208,145.00 

Other  Clerical  Hire 25,000.00 

Rental  of  Polling  Places 33,030.00 

Rental  of  Furniture,  etc 200.00 

Printing  (Ballots,  Blanks,  etc.) 60,000.00 

Legal  Advertising  (including  Posting) 3,500.00 

Cartage     5,500.00 

Postage    3,500.00 

Special  Police  Service 1,500.00 

Miscellaneous  2,000.00 

Estimate  of  Office  Expense 4,000.00 


$346,375.00 


City  Election— April  4,  1916. 

(Including  Registration,  Canvass  and  Revision). 

Election  Officers  (Judges  &  Clerks) $208,145.00 

Other  Clerical  Hire 25,000.00 

Rental  of  Polling  Places   33,030.00 

Rental  of  Furniture  200.00 

Printing  (Ballots,  Blanks,  etc.) 65,000.00 

Legal  Advertising  (including  Posting) 3,500.00 

Cartage    5,500.00 

Postage    1,500.00 

Special  Police  Service 1,500.00 

MlBcellaneous   1,000.00 

Estimate  of  Office  Expense 4,000.00 


1348,375.00 


Unification  of  Local  Governments  81 

Presidential   Primary — April   11,  1916. 

Election  Officers  (Judges  and  Clerks) $  76,685.00 

Other  Clerical  Hire   20,000.00 

Rental  of  Polling  Places 15,316.00 

Rental  of  Furniture    200.00 

Printing  (Ballots,  Blanks,  etc.) 60,000.00 

Legal   Advertising    (including   Posting) 3,500.00 

Cartage     3,000.00 

Postage    1,000.00 

Special   Police  Service    1,500.00 

Miscellaneous    1,000.00 

Estimate  of  Office  Expense 2,000.00 


$184,201.00 


Judicial    Election — June  5,   1916. 

Election   Officers    (Judges   and    Clerks) $76,685.00 

Other  Clerical  Hire   15,000.00 

Rental  of  Polling  Places   15,316.00 

Rental  of  Furniture 200.00 

Printing    (Ballots,   Blanks,   etc.) 55,000.00 

Legal  Advertising  (including  Posting) 3,000.00 

Cartage  5,500.00 

Postage    1,000.00 

Special  Police   Service    1,500.00 

Miscellaneous   1,000.00 

Estimate  of  Office  Expense 1,000.00 


$175,201.00 


General   Primary — Sept.  13,  1916. 

(Including  Registration,  Canvass  and  Revision.) 

Election   Officers    (Judges   and   Clerks) $208,145.00 

Other  Clerical  Hire 25,000.00 

Rental  of  Polling  Places 33,069.00 

Rental    of    Furniture 200.00 

Printing  (Ballots,  Blanks,  etc.) 70,000.00 

Legal  Advertising  (including  Posting) 4,000.00 

Cartage  5,500.00 

Postage    2,000.00 

Special   Police    Service 1,500.00 

Miscellaneous   2,000.00 

Estimate  of  Office   Expense 4,000.00 


$355,414.00 


General    Election — Nov.   7,   1916. 

(Including  Two  Registration  Days,  Canvass  and  Revision.) 

Election   Officers    (Judges   and   Clerks) $262,920.00 

Other  Clerical  Hire 25,000.00 

Rental  of  Polling  Places 43,853.00 

Rental  of  Furniture,  etc 200.00 

Printing    (Ballots,   Blanks,    etc.) 80,000.00 

Legal  Advertising   (including  Posting) 4,000.00 

Cartage  5,500.00 

Postage    1,200.00 


82  Chicago  Bureau  of  Puhlic  Efficiency 

Special   Police    Service 1,750.00 

Miscellaneous    2,000.00 

Estimate  of  Office  Expense 5,000.00 


$431,423.00 


$1,840,989.00 
Add   unapportioned   expense    (Salaries   of   Elec- 
tion Commissioners  and  various  miscellan- 
eous items)    189,401.00 


Total  cost,  Chicago  and  Cicero $2,030,390.00 

Add  also  amount  spent  by  Cook  County  for  por- 
tion of  County  outside  the  jurisdiction  of 
the   Election   Commissioners 75,657.00 


Grand  Total  Cost,  Cook  County,  Chicago  and  Cicero  $2,106,047.00 


Unification  of  Local  Oovemments  83 


APPENDIX  D 


Tables  of  Expenditures  for  the  fiscal  year  1915. 

1.  Summary  of  all  local  governments  in  Chicago. 

2.  Summary   of   all    local   governments   within   the   proposed    City 

limits, 

3.  City  of  Chicago. 

4.  Cook  County. 

5.  Sanitary  District  of  Chicago. 

6.  South  Park  Commissioners. 

7.  West  Chicago  Park  Commissioners. 

8.  Lincoln  Park  Commissioners. 

9.  Small  park  districts  in   Chicago. 

10.  Cities  within  the  proposed  City  limits. 

11.  Park    districts    now    outside    Chicago    but    within    the    proposed 

City  limits, 

12.  Villages  within  the  proposed  City  limits. 

13.  Townships  now  outside  Chicago  but  within  the  proposed  City 

limits. 

14.  School  districts  within  the  proposed  City  limits. 


S4 


85 


i 

West  Park 
Commissioners 

Lincoln  Park 
Commissioners 

Small  Park 
Districts  (e) 

Total  of 

all  Local 

Governments 

Avg. 

808 

540 

161 

39,105 

Salar) 
Othei 

Inten 
Misce 

$704,778.60 
268;440.82 

169,099.63 
217,033.53 

$461,423.09 
203,238.03 

49,103.05 
31,948.60 

$54,803.23 
249,439.05 

35,373.75 

$39,940,855.67 
29,881,094.42 

3,192,043.57 
10,067,249  94 

Total 
Bondi 

$1,359,352.58 
380,300.00 

$745,712.77 
318,030.61 

$339,616.03 
5,000.00 

$83,081,243.60 
11,821,050.16 

Total 
deQ 

$1,739,652.58 

$1,063,743.38 

$344,616.03 

$94,902,293.76 

Bondr 

yea 

$4,391,000.00 

$1,887,000.00         $953,000.00 

$67,206,000.00 

losed 


ed 

iness 


DO. 00 
14.97 
33.00 

30.00 

75.00 
DO.  00 

22.97 


wever, 
t  mak- 


TABLE  1. 

SUMMARY 

Of  Expenditures  for  the  Year  1915  of  All  Local  Governments  In  Chicago. 


City  of 
Chicago 

Board  of 
Education 

Public 
Library 

Municipal 
Tuberculosis 
Sanitarium 

Cook 
County 

Sanitary 
District 

South  Park 
Commissioners 

West  Park 
Commissioners 

Lincoln  Park 
Commissioners 

Small  Park 
Districts  (e) 

Total  of 

aU  Local 

Governments 

Avg.  No.  of  Employes  including  ofBcialfl. 

20,402 

10,759 

452 

324 

3,299 

1,077 

1,283 

808 

540 

161 

39,105 

Salaries 

Other  Departmental  Expenditures 

819,396,435.69 
17,164,098.16 

1,737,905..S8 

$12,333,420.62 
4,484,921.44 

$206,918.10 
190,782.76 

$245,361.93 
514,862.66 

$4,309,225.27 
1,733,892.03 

438,931.76 
1,348,844.84 

$1,288,420.85 

!      1,319,089.06 

\(d)2,814,195.50 

554,330.00 

282,431.67 

$940,068.29 
938,134.91 

207,300.00 
175,552,73 

$704,778.60 
268,440.82 

169,099.63 
217,033.53 

$461,423.09 
203,238.03 

49,103.05 
31,948.60 

$54,803.23 
249,439.05 

35,373.75 

$39,940,855.67 
29,881,094.42 

3,192,043.57 

/      1,013,192.19 
Ua)6,99S,246..38 

10,067,249  94 



Total  Exclusive  of  Bonds  Redeemed.  . . . 

146,309,877.80 

$16,818,342.06 

$397,700.86 

$760,224.59 

$7,830,893.90 
797,000.00 

$6,258,467.08 
1,356,000.00 

$2,261,055.93 
592,700.00 

$1,359,352.58 
380,300.00 

$745,712.77 
318,030.61 

$339,616.03 
5,000.00 

$83,081,243.60 

2,921,542.61 
(b)5,324,891.88 
(c)    125,585.06 

$8,372,019.55 

11,821,050.16 

Total  Expenditures  including  Bond  Re- 

$54,681,897.35 

$16,818,342.06 

$397,700.86 

$760,224.59 

$8,627,893.90 

$7,614,467.08 

$2,853,755.93 

$1,739,652.58 

$1,063,743.38 

$344,616.03 

$94,902,293.76 

Bonded  Indebtedness  at  close  of  fiscal 

$31,924,600.00 

$9,887,500.00 

$12,992,000.00 

$5,170,900.00 

$4,391,000.00 

$1,887,000.00 

$953,000.00 

$67  206  000  00 

(a)  Amount  of  Special  Aflseasment  Vouchers  issued. 

This  is  not  an  expenditure  of  money  but  a  liability  incurred. 

(b)  Special  Asseasmeat  Vouchers  and  Bonds  Redeemed. 

(c)  Water  Pipe  Extension  Certificates  Redeemed. 

(d)  Construction  Contracts. 

(e)  Figures  showD  rover  ten  districts  only.     See  Table  9  sls  to  other  three  districts. 


Unification  of  Local  Governments 


85 


TABLE  2. 

SUMMARY 

Of  Expenditures  for  the  Fiscal  Year  1915  of  All  Local  Governments  within  the  Proposed 

City  Limits.* 


Total 
Excluding 

Bonds 
Redeemed 


Bonds 
Redeemed 


Total 

Expenditures 

Including 

Bonds 
Redeemed 


Bonded 
Indebtedness 


Local  Governments  within 
present  City  Limits.  . 

Cities 

Villages 

Townships  outside 
present  City  Limits. . 

Small  Park  Districts  out- 
side present  City  Limits 

School  Districts 


$83,081,243.60 

687,980.02 

1,069,212.14 

41,634.02 

85,507.13 
2,231,984.29 


$11,821,050.16 
67,871.24 
232,632.16 


13,047.98 
140,403.87 


$94,902,293.76 

755,851.26 

1,301,844.30 

41,634.02 

98,555.11 
2,372,388.16 


Total. 


$87,197,561.20 


$12,275,005.41 


),472,566.61 


$67,206,000.00 

500,914.97 

1,400,633.00 

1,400.00 

288,075.00 
2,702,700.00 


$72,099,722.97 


*  The  figures  shown  are  not  complete  in  all  instances.  The  missing  figures,  however, 
constitute  but  a  small  part  of  the  total.     See  detail  tables  9,  10,  11,  12,  13. 

The  Forest  Preserve  District  of  Cook  County,  recently  organized,  did  not  begin  mak- 
ing expenditures  until  1916. 


Unification  of  Local  Governments 


85 


TABLE  2. 

SUMMARY 

Of  Expenditures  for  the  Fiscal  Year  1915  of  All  Local  Governments  within  the  Proposed 

City  Limits.* 


Total 
Excluding 

Bonds 
Redeemed 


Bonds 
Redeemed 


Total 

Expenditures 

Including 

Bonds 
Redeemed 


Bonded 
Indebtedness 


Local  Governments  within 
present  City  Limits. . . 

Cities 

Villages 

Townships  outside 
present  City  Limits.  .  . 

Small  Park  Districts  out- 
side present  City  Limits 

School  Districts 

Total 


^3,081, 243. 60 

687,980.02 

1,069,212.14 

41,634.02 

85,507.13 
2,231,984.29 


$11,821,050.16 
67,871.24 
232,632.16 


13,047.98 
140,403.87 


$94,902,293.76 

755,851.26 

1,301,844.30 

41,634.02 

98,555.11 
2,372,388.16 


$67,206,000.00 

500,914.97 

1,400,633.00 

1,400.00 

288,075.00 
2,702,700.00 


$87,197,561.20 


$12,275,005.41 


$99,472,566.61 


$72,099,722.97 


*  The  figures  shown  are  not  complete  in  all  instances.  The  missing  figures,  however, 
constitute  but  a  small  part  of  the  total.     See  detail  tables  9,  10,  11,  12,  13. 

The  Forest  Preserve  District  of  Cook  County,  recently  organized,  did  not  begin  mak- 
ing expenditures  until  1916. 


86 


Chicago  Bureau  of  Public  Efficiency 


TABLE  3. 

CITY  OF  CHICAGO. 
Expenditures  for  the  Year  1915. 


Avg.  No.  of 

Employes 

Including 

Officials 


Salaries 


Other  Total 

Expenditures     Expenditures 


City  Council 

Council  Committees 


Miscellaneous  Commissions. 


Mayor's  Offic* 

Bureau  of  Statistics 

Mimicipal  Reference  Library* 

City  Clerk 

Corporation  Counsel 

Prosecuting  Attorney 

City  Attorney 

Comptroller 

Treasurer 

City  Collector 

Election  Commissioners  . . .  . 

Civil  Service  Commission.  . . 


Dept.  of  Supplies. 

Police  Dept 

Municipal  Court. 


House  of  Correction 


Fire  Dept 

Dept.  of  Buildings 

Dept.  of  Health 

City  Physician 

Dept.  of  Steam  Boilers  In- 
spection  

Dept.  of  Weights  and  Meas 
ures 

Dept.  of  Smoke  Inspection 

Examining  Boards  (Plum 
bers,  etc.) 

Inspector  of  Oils 

City  Markets 

Dept.  of  Public  Welfare... 
Board    of    Local    Improve- 
ments  


Special  Park  Commission 


69 
6 


5 
1 
4 

22 
76 
24 
78 

125 
27 
74 

204 

74 

17 

6,279 

383 

114 

2,032 
97 

964 

3 

32 

24 
25 

14 
8 

2 

29 

322 
195 


$208, 

9 

.(a)         1, 


.(a) 


2, 

27, 
1 
4, 

42, 
184 

53 
114 
179 

56 

99 
225 


(b) 


5 

28 

6,922 

704 

127 

i  2 

3,025 

174 

1,028 

(a)      55 

7 


^ 


.881.62 
,527.12 
,099.46 
994.99 
,246.49 
,399.58 
,999.93 
,319.37 
,058.39 
,699.44 
,563.23 
,607.11 
,192.03 
,587.29 
,701.78 
,355.37 
,163.63 
1,987.41 
,475.59 
,926.14 
,357.02 
,852.02 
160.91 
,461.37 
,362.66 
,063.38 
;,110.46 
,243.37 
,919.95 


.(a) 


.(a) 


42,217.75 

34,432.90 
36,121.43 

24,893.33 

15,509.97 

1,890.00 

19.43 

36,495.10 

482,511.68 

129,806.23 

8,480.21 


$59,574.44 

.33,923.28 

1,776.26 

'913.08 
23,596.93 
48,169.80 

1,130.18 
19,143.17 
27,176,74 

5,019.45 

9,529.07 
490.012.45 

6,597.38 

1,861.84 
385,732.60 
149,288.91 
263,243.06 


633,277.84 

6,024.45 

813,455.16 

530.10 

5,295.30 

4,149.50 
1,067.96 

1,385.77 

534.23 

23,204.66 

9,532.67 

452,764.54 
325.630.31 


$208,881.62 
69,101.66 

34,918.27 

29,175.84 
1,999.93 
5,232.45 

65,655.32 
232,869.24 

.54.693.41 
133,750.28 
206,368.77 

61.606.74 
109.230.85 
715,367.82 

94,761.01 

30,337.43 

7,308.658.74 

853,645.93 

391,095.08 


3,658,640.50 

180.087.83 
1.841,565.62 

8,450.05 

47.513.05 

38.582.40 
37,189  39 

28,279  10 
16.044  20 
•25.094.56 

46,027.77 

93.5.276.22 
465.436  54 


Utdfication  of  Local  Oovemments  87 

TABLE  a— Continued 


Avg.  No.  of 

Employes 

Including 

Officials 


Salaries 


Other 
Expenditures 


Total 
Expenditures 


Dept.  of  Electricity. . . . 
Dept.  of  Public  Service. 
Dept.  of  Public  Works  . 


Harbor  and  Subway  Com- 
mission  


556 

80 

9,408 

26 


615,459.46 

(a)  37,279.53 

(b)  54,500.27 
104,180.98 

4,527,721.47 

(a)  1,228,030.51 

(b)  1,729,737.86 


.(a) 


29,077.29 
16,460.72 


1,570,994.74 


5,716.57 
9,856,632.61 


1,927,213.21 


Less  (a)  $1,349.020. 63\.  .. 
Les8(b)    1,792,686.91/ 


$22,538,143.23 
3,141,707.54 


Total   Departmental   Ex- 
penditures  


20,402 


$19,396,435.69 


117,164,098.16 


Miscellaneous,  other  than  departmental. 

Interest 

Special  Assessments  (Vouchers  Issued).. 
Contributions  to  Pension  Funds 


Total  Exclusive  of  Bonds  Redeemed 

Bonds  Redeemed 

Special  Assessment  Bonds  and  Vouchers  Redeemed. 
Water  Pipe  Extension  Certificates  Redeemed 


Grand  total  including  Bond  Redemptions. 


Bonds  Outstanding  December  31,  1915,  $31,924,600.00 


2,186.454.20 


109,897.55 
14,384,354.08 


1,956,290.50 


$36,560,533.85 


332,651.08 
1,737,905.38 
6,998,246.38 

680,541.11 


$46,309,877.80 

2,921,542.61 

5,324,891.88 

125,585.06 


$54,681,897.35 


(a)  The  amount  shown  was  not  specifically  appropriated  under  classification  of  "Salaries." 
Although  expended  for  salary  purposes,  it  is  reported  by  the  Comptroller  imder  other 
classifications  and  is  also  included  in  this  table  in  "Other  Expenditures." 

(b)  Expenditure  made  from  working  capital  account  for  salaries  of  employes  detailed  on 
special  work  for  various  departments.  This  expenditure  was  ultimately  distributed 
to,  and  appears  in,  the  "Other  Expenditures"  of  such  departments, 


88 


Chicago  Bureau  of  Public  Efficiency 


TABLE  4. 

COOK  COUNTY. 

Expenditures  for  the  year  1915. 

(Fiscal  year  ended  December  4,  1915.) 


County  Commissioners 

Comptroller 

Superintendent  of  Public  Service. 

Sheriff,  General 

Sheriff,  County  Building 

Sheriff,  Criminal  Court  Building. . 

Sheriff,  County  Jail.  . 

Civil  Service  Commission 

Board  of  Assessors 

Township  Assessors 

Board  of  Review 

County  Treasurer 

County  Clerk 

Recorder 

Clerk  of  Circuit  Court 

Clerk  of  Superior  Court 

Clerk  of  Probate  Court 

Clerk  of  Criminal  Court 

Clerk  of  County  Court 

Jury  Commissioners 

Election  Commissioners 

Coroner 

State's  Attorney 

Oak  Forest  Institutions 

County  Hospital 

Department  of  Public  Welfare.  •  .  . 

County  Agent 

County  Agent — Physicians 

Home  for  Delinquent  and  Depend- 
ent Children 

Juvenile  Court  Probation  OflBcers. . 

Adult  Probation  Officers 

County  Superintendent  of  Schools . 

Superintendent  of  Highways 

Superior  Court  Judges 

Circuit  Court  Judges 

County  Judge 

Probate  Court  Judge 

Extra  Judges 


Total  Departmental  Expenditures. 


Avg.  No.  of 

Employes 

including 

Officials 


20 

17 

120 

159 

214 

57 

83 

12 

205 

28 

68 

243 

244 

330 

59 

47 

57 

38 

34 

15 

5 

36 

90 

300 

472 

7 

92 


58 

105 

13 

7 

30 

18 

20 

1 

1 


3,305 


Salaries 


$66,276.56 

35,787.90 

175,128.58 

263,969.84 

188,482.67 

58,623.87 

95,727.06 

16,938.00 

299,553.50 

20,025.00 

124,646.82 

409,607.52 

341,482.68 

375,967.93 

91,688.94 

71,534.53 

88,224.31 

62,868.60 

44,862.57 

18,305.63 

19,374.80 

75,477.44 

239,819.85 

180,309.87 

365,902.17 

7,657.72 

105,243.37 

20,159.00 

45,557.98 

132,621.37 

16,439.33 

15,409.75 

23,704.89 

87,310.79] 

81,369.52 

9,999.96 

9,999. 95 J 

23,165.00 


Other 
Expenditures 


$788.33 

7,466.15 

1,196.86 

1,333.69 

69,288.91 

30,213.19 

43,765.75 

715.22 

13,921.30 

i,525'.  13 

26,452.91 

9,404.12 

11,530.91 

5,775.54 

3,440.70 

3,785.70 

1,693.33 

1,525.41 

623.46 

"12,842.72 
124,911.90 
376,400.73 
567,572.89 
215.81 
374,578.21 


38,243.05 

1,454.64 

537.26 

1,810.07 

878.14 


Total 
Expenditures 


$4,309,225.27 


$67,064.89 

43,254.05 

176,325.44 

265,303.53 

257,771.58 

88,837.06 

139,492.81 

17,653.22 

313,474.80 

20,025.00 

126,171.95 

436,060.43 

350,886.80 

387,498.84 

97,464.48 

74,975.23 

92,010.01 

64,561.93 

46,387.98 

18,929.09 

19,374.80 

88,320.16 

364,731.75 

556,710.60 

933,475.06 

7,873.53 

479,821.58 

20,159.00 

83,801.03 
134.076.01 
16,976.59 
17,219.82 
24,583.03 


188,680.22 
23,165.00 


$1,733,892.03  $6,013,117.30 


Unification  of  Local  Governments 
TABLE  4— Continued 


89 


Total 
E-xpenditures 


Brought  Forward 

Elections 

Jurors 

Dieting  of  Prisoners,  House  of  Correction 

Parents'  Pensions 

Industrial  Schools 

Roads 

Bridges 

State  Aid  Roads 

Building  Construction  and  Betterment 

Miscellaneous 

Interest 

Total  Exclusive  of  Bonds  Redeemed 

Bonds  Redeemed 

Grand  total  including  Bond  Redemptions. 


$6,043,117.30 

73,655.72 

416,509.66 

103,226.10 

130.805.92 

302,100.68 

35,231.30 

55,415.09 

53,494.19 

81,961.39 

96,444.79 

438,931.76 


$7,830,893.90 
797,000.00 


$8,627,893.90 


Bonds  outstanding  December  4,  1915,  $9,887,500.00. 


90 


Chicago  Bureau  of  Public  Efficiency 


TABLE  5. 

SANITARY  DISTRICT  OF  CHICAGO. 

Expenditures  for  the  Year  1915. 


Trustees 

Secretaries 

Consulting  Engineer 

Engineering  Dept.: 

Operation  and  Maintenance  of 
Pumping  Stations,  Dams, 
Locks  and  Bridges 

Construction 

Construction  Contracts 

Electrical  Dept.: 

Operation  and  Maintenance  . 

Construction 

Accounting  and  General 

Clerical  and  General  Admin  .... 

Real  Estate  Dept 

Ills,  and  Mich.  Canal  and  Ills.  River 

Conditions  Dept 

Police  Dept 

Sewage  Commission 

Treasury  Dept 

Purchasing  Dept 

Law  Dept 


Total  Departmental  Expenditures 


Avg.  No.  of 

Employes 

Including 

Officials 


109 
192 


570 

35 

23 

4 

57 

31 

2 

1 

8 
30 


1,077 


Salaries 


40,000.00 

7,499.86 

10,064.97 


$151,520.00 
250,522.97 


121,885.75 

424,992.15 

42,037.41 

49,324.27 

8,963.91 

29,883.62 
37,205.97 
4,676.45 
2,499.96 
12,761.77 
94,631.79 


$1,288,420.85 


Other  Total 

Expenditures    Expenditures 


$150,158.36 

48,631.65 

2,814,195.50 

134,156.74 

788,998.21 

49,379.05 

48,782.40 

1,134.13 

7,584.91 

1,140.22 

525.97 

74.00 

1,364.73 

♦87,158.69 


$4,133,284.56  $5,421,705.41 


40,000.00 

7,499.86 

10,064.97 


$301,678.36 

299,154.62 

2,814,195.50 

256,042.49 

1,213,990.36 

91,416.46 

98,106.67 

10,098.04 

37,418.53 

38,346.19 

5,202.42 

2,573.96 

14,126.50 

181,790.48 


Miscellaneous,  other  than  Departmental  .  . 
Real  Estate  and  Right  of  Way  Purchased  , 
Bond  Interest 


Total  Exclusive  of  Bonds  Redeemed 
Bonds  Redeemed 


I  122,125.39 
!  160,306.28 
i     654,330.00 

$6,258,467.08 
1,356,000.00 


Grand  total  including  Bond  Redemptions 


$7,614,467.08 


Bonds  Outstanding  December  31.  1915.  $12,992,000.00 


*  Includee  fees  for  special  counsel  and  others. 


Unification  of  Local  Goveinmenta 


91 


TABLE  6. 

SOUTH  PARK  COMMISSIONERS. 
Expenditures  for  the  Year  1915. 
(Fiscal  Year  Ended  Feb.  29, 1916.) 


Avg.  No.  of 

Employes 

Including 

Officials 


Salaries 


Other 
Expenditures 


Total 
Expenditures 


President 

Auditor  (Commissioner) 

Three  Other  Commissioners 

TreaaiU"er 

Attorney 

Supt.  of  Employment 

Civil  Service  Commission 

Secretary 

Accounting  Div 

Purchasing  Div 

General  Superintendent 

Engineering  &  Construction  Div. 

Maintenance  and  Repair  Div . .  . 

Mechanical  and  Electrical  Div.  . 

Div.  of  Playgrounds  and  Sports. 

Landscape  Div 

Police  Div 


1 
1 
3 
1 
1 
1 
5 
1 

14 

8 

1 

27 

613 

78 

232 

104 

191 


$3,000.00 
3,000.00 


3,000.00 

3,000.00 

4,797.00 

3,900.00 

14,654.34 

8,405.69 

6,500.00 

33,071.17 

362,518.05 

75,121.19 

147,353.04 

64,243.33 

207,504.48 


3,868.46 
9,671.16 


15,473.84 
9,671.16 

531,491 .09 
101,208.75 

17,246.01 
223,832.53 

21,736.89 
3,935.02 


$3,000.00 
3,000.00 


6,868.46 

3,000.00 

14,468.16 

3,900.00 

30,128.18 

18,076.85 

6,500.00 

564,562.26 

463,726.80 

92,367.20 

371,185.57 

85,980.22 

211,439.50 


Total  Departmental  Expenditures . 


1,283 


$940,068.29 


$938,134.91 


Miscellaneous,  other  than  Departmental 

Art  Institute  Maintenance 

Bond  interest 

Total  Exclusive  of  Bonds  Redeemed 

Bonds  Redeemed: 

General 

Special  Assessments 

Grand  total  including  Bond  Redemptions.  .  . . 

Bonds  Outstanding  February  29,  1916,  $5,170,900.00 


$1,878,203.20 


73,145.12 
102,407.61 
207,300.00 


$2,261,055.93 

471,000.00 
121,700.00 


$2,853,755.93 


92 


Chicago  Bureau  of  Public  Efficiency 


TABLE  7. 

WEST  CHICAGO  PARK  COMMISSIONERS. 
Expenditures  for  the  Year  1915. 


Avg.  No.  of 

Employes 

Including 

Officials 


Salaries 


Other  Total 

Expenditures    Expenditures 


Commissioners 

Park  Commissioner  as  Civil  Service 

Commissioner 

Park  Commissioner  as  Civil  Service 

Commissioner 

Treasurer 

Secretary 

Administration  Dept 

Playgrounds  Dept 

Police  Dept 

Landscape  Architect 

Supt.  and  Chief  Engineer 

Engineering  Dept 

Maintenance  Dept 

Law  Dept 

Supt.  of  Employment 

Civil  Service  Commission 

Total  Departmental  Expenditures 


1 

1 

20 

151 

124 

1 

1 

124 

373 

2 

1 

2 


808 


$500.00 
500.00 


4,800.00 

23,292.50 

103,412.36 

145,651.54 

2,400.00 

4,800.00 

143,807.66 

265,035.34 

5,100.00 

3,000.00 

2,479.20 


$15,764.13 

138,492.41 

1,164.81 


19,304.48 

91,651.46 

462.65 

"l,6bb".88 


$500.00 
500.00 


4,800.00 

39,056.63 

241,904.77 

146,816.35 

2,400.00 

4,800.00 

163,112.14 

356,686.80 

5,562.65 

3,000.00 

4,080.08 


$704,778.60 


$268,440.82 


Miscellaneous,  other  than  Departmental 

Additional  Lands 

Interest 

Total  Exclusive  of  Bonds  Redeemed 

Bonds  Redeemed: 

General 

Special  Assessments 

Grand  total  including  Bond  Redemptions 


$973,219.42 


101,927.03 
115,106.50 
169,099.63 


$1,359,352.58 

332,000.00 
48,300.00 


$1,739,652.58 


Bonds  Outstanding  December  31,  1915,  $4,391,000.00. 


TABLE  8. 

LINCOLN  PARK  COMMISSIONERS. 

Expenditures  for  the  Year  1915. 


Avg.  No. 

of 
Employes 
Including 
Officials 


Salaries 


Other 
Expenditures 

Including 
Interdepart- 
mental Salary 
and  Other 
Charges 


Less 

Charges 

to  Other 

Departments 

for  Services 

Rendered 


Total 
Net 
Depart- 
mental 
Expense 


Commissioners 

Park  Commissioner  as  Civil 

Service  Commissioner  . . 
Park  Commissioner  as  Civil 

Service  Commissioner  . . 
Superintendent  of  Employ 

ment 

Civi  1  Service  Commission. . 

Treasurer 

Attorney 

Secretary 

Administration  Dept 

Stores  Dept 

Superintendent 

Mechanical    and    Repair 
Dept 

Electrical  Dept 

Police  Dept 

Maintenance  of  Parks  and 
Boulevards 

Heating  Dept 

Laundry  Dept 

Floral  Dept 

Zoological  Dept 

Engineering  Dept 

Fieldhouses     and     Play- 
grounds  

Stables  Dept 

Bathing  Beaches 

Park  Extension 

Nursery  Farm 

Lemont  Black  Soil  Farm 
Miscellaneous 


1 
1 
1 
1 
1 

13 
1 
1 

24 
32 
67 

201 
11 
9 
17 
18 
19 

71 
25 
13 

"4 
2 


(a) 


500.00 

500.00 

3,000.00 
1,156.10 

3,000.66 
5,000.00 
15,420.70 
2,090.10 
5,000.00 


993.59 


(a)  30,520.00 

(a)  39,895.35 
76,438.55 

121,525.77 

(b)  10,651.95 

(b)  5,453.65 
16,735.10 
19,292.10 

(c)  7,769.98 

51,524.90 
(b)  23,271.00 
6,481.40 

(d)  10,635.35 
2,725.40 
2,261 .  40 

574.29 


1,023.27 

10,174!  31 
(a)  10,052.93 


(a)  19,452.87 

(a)  52,105.57 

4,374.57 

153,004.19 

(b)  10,789.50 

(b)  3,155.22 
21,218.21 
32,983.89 

(c)  14,179.63 

48,304.39 
(b)  17,315.85 
14,854.38 
9,789.28 
442.39 
493.70 
31,948.60 


$     12,400.13 


51,338.89 
92,000.92 


20,787.64 
5,699.07 


2,051.78 


37,191.28 


(d) 


Total 

Less      Interdepartmental 
Salary  and  Other  Charges 

Total    Net    Departmental 
Expenditures 


540 


$461,423.09 


$456,656.34 
221,469.71 


$221,469.71 


$461,423.09 


$235,186.63 


Bond  and  Note  Interest . 

Sinking  Fund 

Bonds  Redeemed 


Grand  Total  Including  Bond  Redemptions. 


500.00 

500.00 

3,000.00 
2,149.69 

4,623^27 

5,000.00 

25,595.01 

257.10* 

5,000.00 

1,366.02* 

80,813.12 


274,-529.96 

653.81 

2,909.80 

37,953.31 

52,275.99 

19,897.83 

99,829.29 
3,395.57 

21,335.78 

20,424.63 
3,167.79 
2,755.10 

32,522.89 


$696,609.72 


49,103.05 

50,030.61 

268,000.00 


$1,063,743.38 


Bonds  Outstanding  December  31,  1915,    $1,887,000.00 


*  Excess  of  charges  to  other  departments  over  expense  incurred. 

(a)  All  this  amount  was  charged  to  various  other  departments  as  services  rendered  and  appears 
in  "Other  Expenditures"  of  those  departments. 

(b)  The  greater  part  of  this  amount  was  charged  to  various  other  departments  as  services  ren- 
dered and  appears  in  "Other  Expenditures"  of  those  departments. 

(c)  About  one-tenth  of  this  amount  was  charged  to  various  other  departments  as  services  ren- 
dered and  appears  in  "Other  Expenditures"  of  those  departments. 

(d)  Although  charged  to  Park  Extension,  a  large  part  of  this  expense  was  incurred  by  Park 
Maintenance  Dept. 


94 


of  Chicago. 


I 

Ridge 

Ridge  Ave. 

River 

West 
Pullman 

Totals 

K) 
K) 
K) 

7 
10 

Mar.  31,    1916 
Secy.     $200.00 
Atty.       150.00 

4 
$2,640.00 

1,214.80 

2,025.00 

May  1 
Atty.     $110.00 
Secy.         60.00 
Engr.        60.00 
Treas.     697.20 

5 
$3,906.00 

25,922.19 

875.00 

Apr.  30 
Atty.       $75.00 

(e)           325.00 

Dec.  31,  1915 
Secy.     $100.00 
Treas.      100.00 
Director  215.00 

1 

$225.00 

1,289.05 
2,275.00 

33  Paid  Officials 
$10,997.20 

68 
$43,806.03 

249,439.05 

35,373.75 

.7 

$6,229.80 

$31,630.39 
None 

$400.00 

$4,204.05 
None 

$339,616.03 
5,000.00 

'7 

$6,229.80 

$31,630.39 

$400.00 

$4,204.05 

$344,616.03 

I0_ 

$40,500.00  i         $35,000.00 

$62,000.00 

$953,000.00 

TABLE  9. 
Expenditures  for  the  year  1915  of  the  Small  Park  Districts  within  the  Present  Limits  of  the  City  of  Chicago. 


Calumet 

Edison 

Ferawood 

First  Park 
District 
of  the 
City  of 

Evanston 

Irving 

North 
Shore 

Northwest 

Old  Portage 

Ravenswood 
Manor- 
Gardens 

Ridge 

Ridge  Ave. 

River                   West 
Pullman 

Totals 

Fiscal  year  ended 

October 
Atty.     $100.00 
Secy.       100.00 

3 

$1,886.00 

5,276.33 
1,675.00 

(a) 

April  30,  1916 
Attj'.     $100.00 
Secy.       100.00 
Treas.       50.00 

2 
S639.00 

705.99 

936.25 

(b) 

May  31,  1916 
Secy.     $200.00 
Treaa.     200.00 
Atty.       250.00 
Mgr.     1,800.00 

22 
$13,969.23 

6,338.38 

9,000.00 

(a) 

June  30,  1916    '  July  31,  1916 
Treas.   $200.00  Attv.     $250.00 

Apr.  30,  1916 
Atty.     $150.00 
Secy.         60.00 
Treas.      150.00 

None 
11,497.57 
300.00 

Mar.  31,    1916 
.Secy.     $200.00 
Atty.       150.00 

4 

$2,640.00 

1,214.80 
2,025.00 

May  1 
Atty.     $110.00 
Secy.         60.00 
Engr.        60.00 
Treas.     697.20 

5 
$3,906.00 

25,922.19 

875.00 

Apr.  30           Dec.  31,  1915 
Atty.       $75.00  Secy.     $100.00 

33  Paid  Offidala 

Average  No.  of  other  paid  employes 

Total  wages  for  other  paid  employes .... 
Other  expenditures  excluding  bonds  re- 

Atty.       300.00 
Secy.       350.00 
Auditor  150.00 
Bkpr.    1,200.00 
Supt.  &  Chief  of 
PoUce  1,660.00 
Sergeant  at 
Arms       100.00 

21 
$       14,553.00 

/           1,559.22 

\(d)  164,649.45 

15,587.50 

Treas.     200.00 
.Secy.       300.00 
(Mgr.  1,200.00 
i  Chief  of 
tPolice      60.00 

10 
$5,987.80 

30,661.07 

2,700.00 

(e)           325.00 

Treas.      100.00 
Director  215.00 

1 

$225.00 

1,289.05 

$10,997.20 

68 
$43,806.03 

249,439.05 

2,275.00 

35,373.75 

Total,  exclusive  of  Bonds  Redeemed. . . . 

$9,037.33' 
1,000.00 

J2,531.24 

(c)  $31,757.61 

$     200,309.17 

$41,358.87 

$12,157.67 

$6,229.80 

$31,630.39 

$400.00            $4,204.05 

$339,616.03 

1,000.00 

None 

None 

3,000.00 

None 

None 

5,000.00 

Grand  Total  expenditures  including  bond 

$10,037.33 

83,531.24 

$31,757.61 

$     200,309.17 

$44,358.87 

$12,157.57 

$6,229.80 

S31.K!0..'59 

$400.00            $4,204.05 

$344,616.03 

Bonded  Indebtedness 

$33,000.00 

S23,500  00 

$200,000.00 

$     450.000.00  1         $97,000.00 

$12,000.00 

$40,500.00  1         $35,000.00 

$62,000.00 

$953,000.00 

(a)  No  information  fumisbed  in  response  to  request. 

(b)  Afl  nearly  all  this  District  hes  outside  the  limits  of  Chicago,  its  expenditures  are  included  in  the  table  on  outside  park  districts. 

(c)  Not  including  real  estate  and  construction. 

(d)  Real  estate  purchased  and  construction  work. 

(e)  Approximate.     No  park  activities  on  account  of  court  proceedings. 


Unification  of  Local  Oovernmenfs 


95 


TABLE  10. 

Expenditures  for  the  Year  1915  of  Cities  Outside  the  Present  Limits  of  Chicago 
but  Within  the  Proposed  City  Limits. 


City 


Fiscal 
Year 
Ended 


Total 
Excluding 

Bonds 
Redeemed 


Bonds 
Redeemed 


Total 
■  Expenditures 
i     Including 
I        Bonds 
Redeemed 


Bonded 
Indebtedness 


Berwj-n i  Dec.  31,  1915  ; (a) $42,000. 00 

31ue  Island. . . . :  (b) 

Evanston ;  Dec.  31,  1915  '     520,451.66 

«ar\'ey ,  Apl.   30,  1916         32,944.80 

tV.  Hammond  .1  Jan.   31,  1916  j       92,583.56 


$5,000,00  1     $47,000.00 


12,000.00 

49,251.24 

1,620.00 


532,451.66 
82,196.04 
94,203.56 


$10,000.00 

294,666.66 

194,479.97 

1,835.00 


Total 1  i    $687,980.02  I     $67,871.24!    $755,851.26 


$500,914.97 


(a)  Does  not  include  Special  Ajssessments. 

(b)  No  date  furnished  in  response  to  request. 


TABLE  11. 


Expenditures  for  the  Year  1915  of  Small  Parle  Districts  Outside  the  Present  Limits 
of  Chicago  but  Within  the  Proposed  City  Limits. 


Park  District 


Fiscal 
Year 
Ended 


Total 
Excluding 
Bonds  Bonds 


Redeemed 


Redeemed 


Total 

Expenditures 

Including 

Bonds 
Redeemed 


Bonded 
Indebtedness 


Blue  Island. . . . ;  

:nyde i  June  30,  1916 

First  of  Evan&-| 

ton(b) !  May    1,1916 

jlencoe 

Kenilworth  . .  .{  

J^orthwest     o  fl 

Evanston  .  ..!  Mar.  31,  1916 

Dak  Park Mar.  31,  1916 

Riverdale |  Apl.   30,  1915 

River  Forest.  ..j  Dec.  31,  1915 


W'ilmette. !  Mar. 

PP^innetka i  Mar. 


30,  1916 

31,  1916 


Total. 


(a) 
$1,826.30 

6,303.21 
(a) 
(a) 

25,140.94 

21,755.25 

193.52 

976.00 

(c)  2,400.00 

8,977.91 

17,9^4.00 


None 
None 


$1,826.30 
6,303.21 

26,140.94 


$85,507.13 


1,000.00 

5,000.00!  26,755.25 

47.98  1  241.50 

None        ;  3,376.00 


4,000.00 
3,000.00 


12,977.91 
20,934.00 


$13,047.98       $98,555.11 


$7,500.00 
None 


22,000.00 
190,000.00 
75.00 
None 

'  ^3,600.66 
48,000.00 


$288,075.00 


(a)  No  information  furnished  in  response  to  request. 

(b)  A  small  portion  of  this  District  lies  wttbin  the  present  limits  of  the  City  of  Chicago. 

(c)  Purchase  of  land. 


Unification  of  Local  Oovernments 


95 


TABLE  10. 

Expenditures  for  the  Year  1915  of  Cities  Outside  tlie  Present  Limits  of  Chicago 
but  Within  the  Proposed  City  Limits. 


City 


Fiscal 

Year 

Ended 


Total 
Excluding 

Bonds 
Redeemed 


Bonds 
Redeemed 


Total 

Expenditures 

Including 

Bonds 
Redeemed 


Bonded 
Indebtedness 


BerwjTi Dec.  31,  1915  i (a) $42,000. 00 

Blue  Island '  (b) 

Evanston Dec.  31,  1915  !     520,451.66 

Harvey j  Apl.   30,  1916  j       32,944 .  80 

W.  Hammond  .!  Jan.  31,  1916         92,583.56 


$5,000.00  I     $47,000.00 


12,000.00 

49,251.24 

1,620.00 


Total I j   $687,980.02 


532,451.66 
82,196.04 
94,203.56 


,871.24     $755,851.26 


$10,000.00 

29'4,6()6'.b6 

194,479.97 

1,835.00 


$500,914.97 


(a)  Does  not  include  Special  Assessments. 

(b)  No  date  furnished  in  response  to  request. 


TABLE  11. 

ExpendKures  for  the  Year  1915  of  Smail  Parle  Districts  Outside  the  Present  Limits 
of  Chicago  but  Within  the  Proposed  City  Limits. 


Park  District 

Total 
Fiscal             Excluding 
Year                  Bonds 
Ended            Redeemed 

Bonds 
Redeemed 

Total 

Expenditures 

Including 

Bonds 
Redeemed 

Bonded 
Indebtedness 

Blue  Island.  ..  .;  

(a) 
$1,826.30 

6,303.21 

(a) 

Clyde 

June  30,  1916 
May    1.  1916 

None 
None 

$1,826.30 
6,303.21 

$7,500.00 
None 

First  of  Evans- 
ton (b) 

Glencoe 

Kenilworth  ...    !           (a^ 

Northwest     o  f 
Evanston  .  . . 

Oak  Park 

Riverdale 

River  Forest. . . 

Mar.  31,  1916 
Mar.  31,  1916 
Apl.  30,  1915 
Dec.  31,  1915 

Mar.  30,  1916 
Mar.  31,  1916 

25,140.94 

21,755.25 

193.62 

/          976.00 

\(c)  2,400.00 

8,977.91 

17,934.00 

1,000.00 
5,000.00 
47.98 
None 

26,140.94 

26,755.25 

241.50 

3,376.00 

22,000.00 
190,000.00 
!              75.00 
None 

Wilmette. 

Winnetka 

4,000.00 
3,000.00 

12,977.91 
20,934.00 

20,500.00 
48,000.00 

Total 

$85,607.13 

$13,047.98 

$98,555.11 

$288,076.00 

(a)  No  information  furnished  in  response  to  request. 

(b)  A  small  portion  of  this  District  lies  within  the  present  limita  of  the  City  of  Chicago. 

(c)  Purchase  of  land. 


96 


Chicago  Bureau  of  Public  Efficiency 


TABLE  12. 

Expenditures  for  the  Year  1915  of  Villages  Outside  the  present  Limits  of  Chicago 
but  Within  the  Proposed  City  Limits. 


Village 

Fiscal 
Year 
Ended 

Total 
Excluding 

Bonds 
Redeemed 

Bonds 
Redeemed 

Total 

Expenditures 

Including 

Bonds 
Redeemed 

Bonded 
Indebtedness 

Bellwood 

(a) 
$5,702.80 
(a) 
(a) 

6,075.16 
(b) 
(a) 

8,500.00 

110,616.76 

19,850.00 

50,745.60 

4,000.00 

(a) 

22,020.03 

(a) 

35,656.25 

50,739.76 

14,883.15 

6,000.00 

(a) 

6,233.23 

263,877.34 

9,747.39 

9,704.06 

15,527.78 

98,266.10 

Broadview  .  ..  . 
Brookfield 

Apl.   30,  1916 

None 

$5,702.80 

$3,000.00 

Burnham 

Burr  Oak 

Cicero 

Apl.  30,  1916 

None 

6,075.16 

None 
65,000.00 

Dolton 

Evergreen  Park 
Forest  Park  . .  . 
Franklin  Park  . 

Glencoe  

Glenview 

May    1,  1916 
Apl.   30,  1916 
Apl.   30, 
Feb.  29,  1916 
May    1,  1916 

1,500.00 

42,048.16 

350.00 

4,000.00 

10,000.00 

152,664.92 

20,200.00 

54,745.60 

4,000.00 

3,500.00 
40,000.00 

5,125.00 
21,500.00 

5,400.00 

Gross  Point  .  . . 

Kenilworth  . .  . 
Lyons 

Apl.   30,  1915 

1,000.00 

23,020.03 

4,500.00 

Maywood 

Melrose  Park .  . 

Apl.   30,  1916 
Mar.  31,  1916 
Apl.   30,  1916 

4,500.00 

40,156.25 

50,739.76 

14,883.15 

6,500.00 

50,000.00 

Morton  Grove  . 
Mt.  Greenwood 
Niles 

None 
500.00 

5,000.00 
2,000.00 

Niles  Center  .  . 

Oak  Park 

Phoenix 

Posen 

Apl.  30,  1916 
Dec.  31,  1915 
Apl.   30,  1916 
Apl.   30,  1916 
Apl.  30,  1916 
May    1,  1916 

None 
22,750.00 
None 
None 

500.00 
1,000.00 

6,233.23 

286,627.34 

9,747.39 

9,704.06 

16,027.78 

99,266.10 

None 
331,000.00 
None 

Riverdale .... 
River  Forest.  . . 
River  Grove  .  . 

4,450.00 
11,500.00 

Riverside 

(c)  26,786.28 
4,498.28 
(a) 

3,798.83 
(a) 

2,500.00 

121,761.34 

(e)  171,722. 00 

2,000.00 

28,786.28 
4,498.28 

Shermerville  .  . 

Apl.   30,  1915 

South  Holland. 

Stickney 

Apl.  30,  1915 

3,798.83 

Summit 

Tessville 

May    1,  1916 
Mar.  31,  1916 
Apl.     1,  1916 

2,500.00 
181,761.34 
264,206.00 

Wilmette 

Winnetka 

(d)  60,000.00 

(e)  92,484.00 

479,600.00 
369,a58.00 

Total 

$1,069,212.14 

$232,032.16 

$1,301,844.30 

$1,400,633.00 

(a) 
(b) 
(c) 
(d) 
(e) 


No  data  furnished  in  response  to  request. 

Information  furnished  not  in  form  to  be  used. 

Appropriation. 

Estimated;  exact  amount  not  available  from  report. 

Estimate  for  12  months  from  13  months'  expenditure. 


Unification  of  Local  Governments 


97 


TABLE  13. 

Expenditures  for  the  Year  1915  of  Townships  Outside  the  Present  Limits  of  Chicago 
but  Within  the  Proposed  City  Limits 


Township 

Fiscal  Year 
Ended 

Total 
Expenditures 

Bonds 
Redeemed 

Bonded 
Indebtedness 

Berwyn  (a)       

(bj 

None 

$20,859.10 

(b) 

None 

(c)  7,000.00 

13,774.92 

City  of  Evanston  (a) . . 

None 
None 

None 

New  Trier 

March  31,  1916 

None 

Niles.                        .    . 

Oak  Park 

None 

None 

March  28,  1916 
March  28,  1916 

Stickney 

$1,400.00 

Total.  . 

$41,634.02 

$1,400.00 

(a)  See  city  of  same  name.  Table  10. 

(b)  No  data  furnished  in  response  to  request. 

(c)  Approximate. 

TABLE  14. 

Expenditures  for  the  Year  1915-1916  of  School  Districts  Outside  the  Present  Limits  of 
Chicago  but  Within  the  Proposed  City  Limits 

(Year  Ended  June  30,  1916) 


Total 
Excluding 

Bonds 
Redeemed 

Bonds 
Redeemed 

Total 

Expenditures 

Including 

Bonds 
Redeemed 

Bonded 
Indebtedness 

44    Districts    Entirely 
Within  Proposed 
Limits 

$1,373,611.06 
611,512.45 

86,938.06 

159,922.72 

$    97,403.87 
29,000.00 

4,000.00 

10,000.00 

$1,471,014.93 
640,512.45 

90,938.06 

169,922.72 

$1,653,200.00 

6  High  School  Districts 
Entirely  Within  Pro- 
posed Limits 

9   Districts    Partly 
Within    and    Partly 
Without      Proposed 
Limits 

780,000.00 
59,500.00 

2  High  School  Districts 
Partly    Within    and 
Partly  Without  Pro- 
posed Limits 

210,000.00 

Total 

$2,231,984.29 

$140,403.87 

$2,372,388.16 

$2,702,700.00 

98  Chkago  Bureau  of  Public  Efficiency 


APPENDIX  E 


CHARTS. 


Chart   Showing  Plan   of   Organization   Proposed   for   a   Metropolitan 
Court  for  Chicago. 

Charts  Showing  Plans  of  Organization  and  Departmental  EJxpendltures 
for  the  year  1915: 
City  of  Chicago. 
Cook  County. 

Sanitary  District  of  Chicago. 
South  Park  Commissioners. 
West  Chicago  Park  Commissioners. 
Lincoln  Park  Commissioners. 


,  18T 


A  Plan  tor  a 

''ROPOLiTAN  Court 

LAN    OFORGANfZATfON    PrOPOSCO  BY  THe 

MERICAN   JUDICATURE  SOCIETY 


B 


RIMINAL    I 

Division I 


Chart  Prepored  fai^ 

CHICAGO  BUREAU  «/  PUBLIC  EFFICIENCY 

Oecemb«r,l9l6 


TMt    Voters    of   the 

City  of  Chicago 


APlan  fora 


Metropolitan  Court 

Based  ON  Plan  of  Organization  Proposed  by  the 
AMERICAN   JUDICATURE  SOCIETY 


CHIEF 
JUSTICE 


Jury 
Commissioners 


APPELLATE 
Division 

/                    /                \                    \ 

CRIMINAL 

Division 

1 

X 

/                  \ 

\ 

1 

Presiding  Justice 

Associate 
Judges 

EQUITY 

Oivision 

/                   \ 

CIVIL  NON-JURY 
Division 

Presiding  Justice 

Associate 
Judges 

/                                             \ 

/ 

\ 

Presiding  Justice 

Associate 

Judges 

probate:    * 
oomtstic  rclations 

e/vlsion 

CIVIL  JURY 

Division 

Presiding  Justice 

Associate 
Judges 

1      (J„-,„,..    C.^l      1 

1 

1 

1 

Presiding  Justice 

Presiding  Justice 

Associate 
Judges 

Associate 
Judges 

Chart  Prepored  by 

CHICAGO  BUREAU  «  PUBLIC  EmciENCV 

Occemb<r,l9l6 


Tut    Voters    of  the 
CITY  OP  CniCAGO 


BOARD OF I 

ELECTION 
COMMISSIONERS  (5)    I 


1 

Hoof  lmp\oi*» 

iotor 

^    "/...,» 

Other 

'l„o,o,. 

SPECIAL      PARK 
COMMISSION 


Boord      of 
LOCAL  IMPROVEMENTS 


MOUSE      OF 
CORRECTION 


Harbor  &  Subway 
commission 


Oept  tor  Ihe  Inspection 
i  STEftM  Boilers,  etc 


Oeparlment    of 
Weights  a  Measures 


Deportment 

5moke  \n5PECTI0N 


5   Co™ 

'o?,i°i55| 

No    of 

Employes 

^°'°.''.6l'l64          1 

Other  ^ 

E«i> 

1 

No.    of    Empio 

T4 

Solory      Exp 

Oiner   E«p 

S5Z5,6?0 

n5pec(or 

*-  No  Salary 

5upenn^t^,^dent   | 

No    ot 

Ernployes    1 

^olary     £j.p. 

Other    Exp. 

•  2  65.243 

Cliif 

tk'S^S''" 

Sole 

ry      txp. 

otn 

"    '«  5?o5 

I    '"tp.sf^n"'-     I     C 


No     of     Employee 


5alory_   E 


''$  34.^53 


"'^   a'^.iso 


No    of    Employes 


Scio 


Offic 

Inspector 

;    of 
Of  Oils 

1 

Oil     In 

««tor 

No    of 

implodes 

Solory 

.\ir.o 

Other  t 

p,  ,,* 

Boards 
Exomi 


rs? — I 

ners 


:X"" 


total      tXPENDlTURES 

-19IE. 

Solory    tipenoitures             •  s 

10,S96,«6 

Ottfer  Deportmentol   Expetiditures 

17,  16*.  098 

Speciol  Assessmeils  (Vouchers  lisud) 

6,998,2*6 

Miscellaneous 

1,015,192 

Bond     Interest 

1,7  37,905 

Bonds   Redeemed 

Total  txPENOiTupes   $ 

e.572,020 

54,661, 867 

Bonds  Outstondinq    Dec  51,  I91S       i 

SI,  9a«-,6oo 

O    tiedive     Officials 


Prepored    by 

CtilCACiO      BUREAU    o»      PUBLIC      EFFICIENCY 

December,  19I6 


CHART      SHOWING 

PLAN     o.     ORGANIZATION 

AND 

DEPARTMEI^TAL      EXPENDITURES 

CITY     OF    CHICAGO 

FOR  Ttlt  YEWi  1915 


NoTt:-  "Solory   txpenditures"  in  each 

instance  includes  Salary  of  Head  of 

Office   or   institution   which  '15 

also    set   ouV    seporoVely. 

•  Includes  $3,525,  Extra  Appellate  Court  Judge 


TOTftL     EXPENDITURES -1915                1 

5olory    Expenditures 

»4.,509.2Z5 

Other  Pepartmentol  Eiipenditures   1,755,892  | 

Miscellaneous 

1,548,845 

Interest 

456,932 

Bonds   Redeemed 

TOTAL    tUPENOlTURES 

7  97,000 
»  8,617,894 

Bonds    Outstanding    Dec  4,1915 

t  9,887,500 

CHART    SHOWING 
PLAN     OF     ORGANIZATION 

AND 

DEPAf^TMLNTAL     EXPENDITURES 

COUNTY    OF    COOK 

FOR     THE     YEAR  I^IS 


Prepared     5y 

ChlCAGO    BURCAU   of   PUBLIC    EFFICIENCY 

December,  1916 


O 


Elective    Officiols 


TOTAL     EX.PENDITURE.S  - 1915 
Sob-y    txperdilures  *  1,288, 4ZI 

Other  Departmental   Eipenditures  4, 153,28+ 
Miscellaneous  282,452 

Bond     Inferest  554,530 

Bonds    Redeemed  1.356,000 

TOTAL   FVPFNnmiRESS  7,614,467 


theVotersofthe 

SANITARY   W5TR\CT 

Of-    ClilCAGQ 


52,814,195 


CHART         SHOWING 
PLAN       OF     ORGANIZATION 

AND 

DEPARTMENTAL  EXPENDtTURES 

OF       THE 

SANITARY    DISTRICT  of  CMICAGO 

F'jR     THE    YEAR 


Construchon 


Purchosing    Agent 


1  Nq^  ^t    Employes 


1 

No.  of 

Employes 

Solory 

Exp 
«9+,632 

Otlier 

Exp. 
487,159 

1 

No.    o( 

Employes 

Salary 

Exp. 
4  8,964 

Other 

Exp. 
»  1,134 

No.  of  Employes 


1 

No,   of 

Employes 

30 

Salary 

Exp, 
«  37,  J06 

Other 

Exp, 
»   1,  i*o 

NoTE>  Deportmenhjl  'Solory  Eipendihiis 
includes  Solory  of  Head  of  Deportmerf 
or   Division  wtiich  is  also  sef  o«i 
separately. 


Prepared        by 

CMICAGO     BuntAU  cf    PUBLIC     tmCIENCY 

Decomber-,  I5I6 


TOTAL       EXPENOlTURtS 

- 1915                     j 

Solory 

Expendilures 

« 

46I,4E3 

Other 

)epartmeptal  [upenditures 

203,238 

Miscelloneous 

51,948 

Bond 

Interest 

49,103 

Bonds 

Redeenned 

3IS,03i 

TC 
Bonds 

TAL    EXPENDITURES 

SI 

0  63,743 

Outstanding  Dec  31,1915 

» 

,&87,000 

(Governor  | 


LINCOLN 
PARK   COMMISSIONERS 


CHART     SHOWING 
PLAN     cr    ORGANIZATION 


DEPARTMENTAL      EXPENDITURES 


LINCOLN     PARK    COMMISSIONERS 


FOR    THE  YEAR  1915 


Note-  Ttie  Sdories  of  Offtris  r  dwqe  of  I 
eicept  iupenntendent   oid  Secrtlory.  <re  incUed  in 
the  5ijlory  tifCTdiliTB  d  Hw  tepediw  fcpirtw*^ 


Prcpored      6v 

CHICAGO     BUREAU     »    Pv*l<    e^^>CiCPCV 

P«c«"'bf.  1910 


I   GOVERNOR  J 


Total      E/penditures 

-  1915 

Solory     Expenditures 

»  704,778 

Other    Deporlmental    Expendifures    t68,44l    | 

Misceltoneous 

417,033 

5ond     Interest- 

169,100 

Bonds      Redeemed 

580,500 

Total    Expenditukes 

»  1,739,652 

5onds    Outstonding    Dec.JI, 

915  H  3%  000 

WEST 

PARK 


ChlCAGO 

COMMISSIONERS 

(7) 


POLICE 

DEPARTMENT 

Coptain  of  Police 

»Z,500 

1 

No.   of   Employes 

Solory    Exp. 

8  H5.65Z 

Other    E»p. 

51,165 

ENGINEERING 

DEPARTIvlENT 

No.  of  Employes 
124 

Salary   Exp. 

«  143,808 

Other    Exp. 

»   19,305 

MAINTENANCE 

DEPARTMENT 


No.   of   Employes 


Salary    Expen 
8  265,055 


Prepared    by 
CHICAGO      BUREAU     of     PUBLIC     EmCIENCy 
Dscamber,   IJIff. 


CHART        SHOWING 
PLAN        OF      ORGANIZATION 

AND 

DEPARTMENTAL         EXPENDITURES 

OP     THE 

WEST    CnOGO    PARK    COMMISSIONERS 

FOR     THE    YEAR    1915 


ADMINISTRATION 

DEPARTMEKJT 


Assistant     Secretary  i 
Ctief  Accountant  82,520 


1 

No.  of 

Employes 
19 

Solory 

Exp. 

1(23,292 

Ottier 

Exp 

815,764 

PLAYGROUNDS 

DEPARTMENT 

No.   of   Employes 
151 

Salary    Exp 

S  103,412 

Other  Exp 

t  138^92 

No     o' 

E^o 

.es 

Solory 

E.«p 

5IOO 

Other 

5 

463 

2  Pork    Commrs.  »  500  t 

5upt.  of  Employment  t  ^ooo 


Solory    Exp. 


Note:-    The    Solories    of    Officiols   in  chorge 
of  Deporfmenhs,  axcepf   Superinfendenf  ond 
Secretary,  ore  included  in  Itie  Solory  Expenditures 
of  their   RespecKive    Deportments. 


TOTftL      t)lPtN0ITURE5-l515 

Salary    tupenditures 

»     940,  068 

other  Deporlmentol  Expenditures     958,155    | 

Art   Institute    tvlointenonce 

102,408 

Miscellaneous 

75,145 

Bond    Interest 

20  7,  300 

Bonds    Redeemed 

592,  700 

TOTAL    EXPENDITURES 
Bonds     Outstondmg    Fet,29, 

»Z, 85 5,  756 

916  4  5,170,900 

Attorney 


ACCOUNTING 

DIVISION 

1 

No.  of  Employes 

Salary    Exp. 

g  I4,6S1- 

Ottier   Exp. 

»  15,474 

Prepared     By 

CHICAGO   BUREAU  »   PUBLIC   EFFICIENCY 
December,  1916 


No    of    Employe 


Salory    Ej^p 


SOUTH 


CHART     SHOWING 
PLAN        OF       ORGANIZATION 

AND 

DEPARTME.NTAL  EXPENDITUREIS 

OF       THE. 

PARK     COMMISSIONELRS 

FOR    THE.    YEAR    1915 


SOUTH      PARK 


Treasurer 


POLICE 

DIVISION 


Coptain  of  Police 


No    of  Employes 


Salary     Exp 


No    of    Employes 


Other   E>p 


Note  -  Ttie  Solorie^  of  Officials  n 
Ctiorge  of  Divisions,  except 
Secretory  ond  General  SmerateidenJ, 
jre  included  m  the  Sdory 
Expenditures  of  Iheir  Respective 
Divisions.  ^ 


PROCEEDINGS  OF  THE  SECOND  CONFERENCE 

FOR 

BETTER  COUNTY 
GOVERNMENT 

IN  NEW  YORK  STATE 

Syracuse,  N.  Y.,  December  1445,  19J6 

Sessions  held  at  the  Onondaga  Hotel 


CONTENTS                                       Page 
3 


Address  of  Welcome  Hon.  Walter  R.  Stone      6 


Resolutions  Adopted 
Address  of  Welcome 
County  Government— A  Problem  in  Low 

Visibility Richard  S.  Childs    10 

A  Plea  for  the  County  Plan  of  Tax 

Administration  Hon.  Martin  Saxe    16 

Highway  Administration  •  .Benjamin  Rice    31 

County  Administration  of  Highways  under 

State  Control Hon.  Edwin  Duffey    32 

What  Is  the  Trouble  with  County 

Government? • L-  Grant  Sheldon    39 

Shall  New  York  State  have  a  State 

Constabulary?. .Helen  Hoy  Greeley    49 

The  Purchase  of  Municipal  Supplies Frank  X.  Wood    60 

Concentration  of  Responsibility  in 

County  Government Otho  G.  Cartwright    69 

Simplification  of  County  and  Local  Finances. ....  .Mark  Graves    74 

The  County  as  a  Unit  of  School 

Administration.    Are  There  Better 

Units?  Hon.  Thos.  E.  Finegan    87 

Legislative  Program  of  the  County 

Government  Association H.  S.  Gilbertson    97 

CouiUy  Jails  and  Local  Penology Hastings  H.  Hart,  L.  L.  D.    99 

Discussions,  with  names  of  the  several  speakers,  follow  each  paper 


PRICE  25  CENTS 

For  additional  copies  and  further  information,  address 

Otho  G.  Cartwright,  Secretary,  15  Court  Street 

White  Plains,  N.  Y. 


ACCREDITED  DELEGATES  IN  ATTENDANCE 

Wm.  G.  Stuart,  Skaneateles,  N.  Y.,  Ex-Supervisor,  Onondaga 
county. 

E.  E.  McDowell,  Memphis,  N.  Y. 

Henry  J.  Cookinham,  Utica,  K.  Y. 

C.  A.  Hills,  120  S.  Salina  Street,  Syracuse,  N.  Y. 

Mark  Graves,  Albany,  New  York  State  Comptroller's  Department. 

Andrew  Spencer,  Albany,  New  Yoik  State  Comptroller's  Depart- 
ment. 

C.  W.  Snow,  First  National  Bank,  Syracuse. 

A.  A.  Kendall,  Syracuse,  Supt.  Shelter. 

Otho  G.  Cartwright,  New  York  City,  Secretary-Treasurer,  Coun- 
ty Government  Association. 

Richard  S.  Childs,  New  York  City. 

Hastings  H.  Hart,  New  York  City;  Director  Dept.  of  Child- 
Helping,  Russell  Sage  Foundation. 

John  D.  Cremer,  Jr.,  Brooklyn,  Bureau  of  Municipal  Research  of 
N.  Y. 

Henry  Toll,  261  Broadway,  New  York  City,  Bureau  of  Municipal 
Research  of  N.  Y. 

Albert  F.  Eckel,  941  0.  C.  S.  B.  Bldg.,  Syracuse;  Vice-President 
of  County  Government  Association. 

L.  Grant  Sheldon,  Syracuse. 

Thomas  H.  McElvein,  Jr.,  Buffalo ;  Chairman  Erie  County  Board 
of  Supei-visors. 

George  S.  Buck,  Buffalo;  Erie  County  Auditor. 

Alonzo  G.  Hinkley,  36  City  Hall,  Buffalo;  Clerk  of  Board  of  Su- 
pervisors of  Erie  County. 

(Continued  on  inside  page  of  back  cover) 


PROCEEDINGS  OF  THE 


SECOND  CONFERENCE  FOR 

BETTER  COUNTY 

GOVERNMENT 


IN  NEW  YORK  STATE 


Syracuse,  N*  Y.,  December  1445,  J9J6 

Sessions  held  at  the  Onondaga  Hotel 


PRICE  25  CENTS 


For  additional  copies  and  further  information,  address 

Otho  G.  Cartwright,  Secretary,  15  Court  Street 

White  Plains,  N.  Y. 


LOCAL  COMMITTEE 

Giles  H.  Stilwell,  Chairman 

Warren  C.  Brayton,  President  City  Bank 

Oliver  D.  Burden,  Attorney 

John  R.  Clancy,  President  Syracuse  Chamber  of  Commerce 

Virgil  H.   Clymer,   Attorney   and   President   Syracuse   Commission 

Government  Association 
Albert  F.  Eckel,  Attorney  and  Vice-President  County  Government 

Association  of  New  York  State 
Charles  S.  Esterbrook,  Attorney  and  President  Syracuse  Post-Stand- 
ard Co. 
Dr.  a.  C.  Flick^  Professor  of  European  History,  Syracuse  University 
Charles  M.  Goodspeed,  Supervisor  Town  of  Skaneateles 
Frederick  R.  Hazard,  President  Solvay  Process  Company 
Charles  S.  Keller,  Supervisor  Town  of  Lysander 
L.  Grant  Sheldon,  ex-Supervisor  and  Phelps-Raby  Co. 
Charles  W.  Snow,  Chairman  First  National  Bank 
Jay  M.  Strong,  Commissioner  of  Charities,  Syracuse 
Wm.  G.  Stuart,  ex-Supervisor  Town  of  Skaneateles 
Charles  F.  Teller,  Secretary  Onondaga  Taxpayers'  Association 
Horace  S.  Wilkinson,  President  Great  Lakes  Steamship  Co. 
Louis  Will,  ex-Mayor  and  President  Will  &  Baumer  Co. 
Newell  B.  Woodworth,  Attorney  and  President  Syracuse  Chapter 
S.  A.  R. 


INTRODUCTORY 

THE  Second  Conference  for    Better  County  Government  was 
called  by  the  County  Government  Association  of  New  York 
State,  which  organization  is  briefly  described  by  Mr.  Childs 
on  page  8  of  this  volume. 
Arrangements  for  the  conference  at  Syracuse  were  directed  by 
the  local  committee,  organized  by  Hon.  Giles  H.  Stilwell,  of  that  city. 
The  names  of  the  committee  are  printed  on  the  opposite  page. 

RESOLUTIONS  ADOPTED 
1 .     L  egisla  tive  Program 

Resolved,  That  it  is  the  sense  of  this  conference  that  the  executive 
committee  prepare  and  cause  to  be  introduced  in  the  legislature,  when 
deemed  expedient,  the  following  measures : 

First.  A  constitutional  amendment  designed  to  secure  a  larger 
measure  of  control  by  the  people  of  the  counties  and  their  elected 
representatives  in  the  matter  of  determining  the  form  of  their  county 
government  and  such  other  public  matters  as  are  of  exclusive  or  pe- 
culiar interest  to  individual  counties. 

Second.  A  bill  designed  to  secure  to  the  people  of  the  counties 
under  present  constitutional  provisions,  the  right  to  make  a  choice 
between  the  present  form  of  county  government  and  at  least  one 
simplified  form  of  government  which  shall  provide  for  the  election  of 
a  small  county  governing  body  elected  by  the  county  at  large,  which 
shall  act  through  a  county  manager,  who  shall  have  the  power  to 
appoint  and  remove  the  principal  county  officers  not  required  by  the 
constitution  to  be  elected. 

Be  It  Further  Resolved,  In  view  of  the  numerous  evidences 
of  gross  inefficiency  and  negligence  which  have  been  revealed  by 
superficial  and  casual  investigation  within  recent  years  in  many  coun- 
ties, and  which  in  some  counties  have  reaced  the  point  of  flagrant  cor- 
ruption, that  the  legislature  of  1917  be  requested  to  direct  the  appoint- 
ment of  a  commission  to  make  a  more  thorough  investigation  of  con- 
ditions prevailing  throughout  the  state  affecting  the  organization  and 
management  of  the  several  counties,  and  to  make  recommendations 
for  the  improvement  of  such  organization  and  management. 
2.    Organisation  of  County  Branches 

Resolved,  That  it  is  the  sense  of  this  conference  that,  as  rapidly 
as  possible,  there  shall  be  organized  in  each  county  of  the  state  a 
local  branch  of  the  County  Government  Association  of  New  York 
State,  for  the  purposes  of  increasing  the  membership  of  the  Association, 
and  of  forwarding  the  work  of  county  government  reform. 

3 


3.     Resolution  of  Thanks. 

Resolved,  That  the  delegates  and  guests  in  attendance  at  this 
conference  extend  to  the  local  committee  and  to  the  officers  and  people 
of  Syracuse  this  expression  of  their  grateful  appreciation  of  the  many 
courtesies  shown  to  them,  and  of  the  thoughtfulness  and  completeness 
that  have  characterized  in  every  detail  the  arrangements  made  by  the 
committee  for  this  conference. 

Resolved,  That  the  thanks  of  the  conference  be  extended  also 
to  the  newspapers  of  Syracuse  for  their  open-minded  reception  of  its 
discussions  and  for  their  aid  in  spreading  the  substance  of  these  dis- 
cussions broadly  among  those  unable  to  attend  the  conference. 


Proceedings  of  the  Second  State  Conference 
for  Better  County  Government  in 

New  York  State 


THURSDAY  EVENING  SESSION 
December  14,  1916 

Chairman:     HON.  GILES  H.  STILWELL,  Syracuse. 

[The  first  session  of  the  conference  was  held  in  tlie  auditorium  of  the 
Onondaga  Hotel.  It  was  called  to  order  at  8:15  p.  m.,  Thursday.  December  14, 
1916,  by  the  Secretary  of  the  Association,  Mr.  Otho  Grandford  Cartwright,  of 
New  York  City,  who  said:] 

Ladies  and  Gentlemen :  It  falls  to  my  lot,  ex  officio,  as  Secre- 
tary of  the  County  Government  Association  of  New  York  State,  to 
call  this  conference  to  order.  I  have  also  the  unfortunate  duty  to 
announce  to  you  that  President  Baldwin,  who  was  to  be  chairman 
this  evening,  has  been  ordered  by  his  physician  to  continue  in  his 
bed,  where  he  is  confined  by  sickness,  and  to  dismiss  from  his  mind 
all  thoughts  of  any  possibility  of  attending  this  convention.  Presi- 
dent Baldwin's  disappointment  is  great,  because  he  was  counting 
very  much  on  being  present  with  you  this  evening,  and  because  his 
heart  is  full  of  the  work  of  the  Association,  and  of  the  cause  that  it 
represents.  And  I  am  sure  that  our  own  disappointment  is  fully 
commensurate  with  his. 

But  we  have  advantage  over  him,  because  in  his  absence  we  are 
very  fortunate  in  having  secured  for  chairman  a  man  known  to  you 
all,  and  whom  you  all  respect  and  honor,  namely,  the  Hon.  Giles 
H.  Stilwell,  of  Syracuse,  who  has  consented  to  preside  at  this  meet- 
ing.   I  have  the  pleasure  of  asking  Mr,  Stilwell  to  take  the  chair. 

HON.  GILES  H.  STILWELL. 

Ladies  and  Gentlemen:  I  thank  you  for  the  honor  of  presid- 
ing over  this  meeting,  but  regret  with  you  that  Mr.  Baldwin  is 
unable  to  be  present. 

Those  most  intimately  associated  with  Mr.  Baldwin  have 
learned  what  a  generous,  enthusiastic  supporter  of  the  work  of 
reform  he  is,  and  also  what  a  capable  executive  and  presiding 
officer  he  is,  and  how  valuable  his  help  is  in  the  work  of  civic 
betterment. 


It  will  be  of  interest  to  you  to  know  that  of  the  fund  of 
$5,000.00  a  year  adjudged  by  the  executive  committee  to  be  neces- 
sary for  the  work  of  the  association,  Mr.  Baldwin  has  personally 
guaranteed  one-half. 

We  have  a  full  program,  and  I  won't  take  any  more  of  your 
time,  except  to  give  two  or  three  announcements. 

To-morrow,  at  12:30,  there  will  be  a  luncheon  in  the  Cafe 
Annex  that  is  next  to  the  main  dining  room  downstairs,  to  which 
the  delegates  and  friends  are  invited.  The  tickets  are  one  dollar. 
In  connection  with  the  luncheon  there  is  to  be  a  program,  which 
you  will  find  printed  on  the  official  program  that  I  presume  most 
of  you  have. 

Immediately  after  the  luncheon,  the  Chamber  of  Commerce  has 
arranged  for  a  free  automobile  trip  in  closed  cars  to  the  County 
Buildings.  At  2 :30,  at  the  Warren  Street  entrance,  you  will  find 
the  automobiles,  and  we  will  make  a  visit  to  the  penitentiary,  the 
county  home,  and  the  sanatorium.  We  will  be  glad  to  have  those 
who  desire  to  go  on  that  trip  hand  their  names  to  the  secretary  so 
that  he  will  know  how  many  cars  we  are  to  provide.  Also  those 
who  desire  to  attend  the  luncheon  to-morrow  we  wish  to  have 
purchase  tickets  as  soon  as  they  conveniently  can,  in  order  to  know 
how  many  to  arrange  for  there. 

The  welcome  you  will  heartily  receive  is  to  be  given  by  the 
mayor  of  the  city.  Mayor  Stone. 

.  ADDRESS  OF  WELCOME 

HON.  WALTER  R.  STONE,  Mayor  of  Syracuse. 

Mr.  Chairman  and  Gentlemen:  I  am,  of  course,  sincerely  very 
glad  to  welcome  so  august  a  body  as  yours  to  our  city.  I  feel  that 
a  meeting  of  this  kind  can  be  productive  of  very  great  good. 
Selfishly  I  look  upon  it  as  of  great  advantage  to  the  City  of  Syra- 
cuse and  County  of  Onondaga,  but  in  a  broader  way  I  know  it  may 
be,  can  be,  and  will  be,  of  benefit  to  the  state  at  large.  And  to  the 
state  at  large  such  benefit  will  accrue  just  in  so  far  as  your  delil>era- 
tions  are  thoughtful  and  you  make  your  purpose  here  that  of  giv- 
ing thought  and  time  and  contributing  the  experience  of  men  who 
have  worked  in  county  governments,  men  who  have  studied  county 
governments,  and  men  who  know  about  county  governments 
throughout  the  state. 

I  am  not  going  to  make  extended  remarks.  There  are  a  few 
things  born  of  the  experience  of  a  very  few  months  in  official  life 
that  I  might,  with  your  permission,  say.  1  find  that  I  have  acquired 
a  few  ideas  in  the  last  few  months  in  the  citv  of  Syracuse.     I  have 


had  to  change  some  of  my  ideals.  I  have  had  to  come  to  some 
conclusions  in  regard  to  municipal  government,  at  least,  that  I 
never  expected  I  would  come  to,  and  yet  I  find  this — that  when  a 
man  takes  on  a  new  responsibility,  and  when  he  realizes  his  re- 
sponsibility, his  thinking  machine  sometimes  necessarily  has  to  go 
along  different  grooves  than  it  would,  or  it  did,  when  he  had  not 
such  responsibility.  In  other  words,  I  found  that  as  a  member  of 
different  civic  and  social  organizations  it  was  very  much  easier 
for  me  to  "resolute,"  or  help  "resolute,"  or  pass  resolutions  on 
different  subjects  affecting  the  municipality  or  the  county,  or  the 
state,  when  I  did  not  have  any  responsibility  in  carrying  out  those 
resolutions,  than  it  is  to  try  to  carry  them  out  after  assuming  offi- 
cial responsibility.  I  find  there  are  occasions  when  things  cannot 
be  done  in  the  ideal  way.  These  statements  are  in  no  way,  under- 
stand me,  offered  as  an  excuse  for  any  wrongdoing  or  any  careless 
doing,  or  any  doing  of  any  sort  that  is  not  open  and  above  board 
and  perfectly  free  to  be  investigated.  But  there  are  matters  of 
policy  of  government,  there  are  matters  of  expense  of  government 
that  a  public  official,  if  he  is  honest  and  conscientious,  has  got  to 
stop  and  weigh ;  and  decide,  not  from  an  ideal  or  an  idealistic  stand- 
point, but  from,  in  the  first  place,  what  the  taxpayer  ought  to  be 
willing  to  pay,  and,  in  the  next  place,  what  he  is  able  to  pay.  In 
other  words,  a  public  official  who  is  in  the  position  where  he  has 
the  deciding  of  a  project,  sometimes  has,  for  instance,  to  act  as  a 
buffer  between  what  the  people  desire  and  have  every  right  to 
have,  and  yet  what  they  are  willing  to  pay  for. 

Now,  any  association  for  the  uplift  of  the  common  welfare, 
that  meets  in  any  community,  whether  it  be  a  city  or  otherwise,  is 
of  value,  to  my  mind,  in  proportion  to  the  sincerity  of  the  motive 
that  is  behind  it.  And  I  for  one  believe  that  a  public  official  is  not 
doing  the  full  measure  of  his  duty,  is  not  performing  the  duties  of 
his  office  properly,  unless  he  welcomes  all  kinds  and  nature  of 
advice,  unless  he  is  anxious  to  receive  constructive  criticism  and 
helpful  suggestions.  And  I  am  sure  that  no  public  official  will  make 
a  success  of  his  term  of  office  if  he  resents,  as  I  know  has  some- 
times occurred,  the  citizen  inquiries,  some  of  them,  I  was  going  to 
say,  seeming  impertinent  inquiries,  which  represent  the  interest  of 
the  every  day  taxpayer.  After  all,  a  public  officer  is  a  public  servant. 
He  need  not  be  servile,  but  he  should  be  willing  to  serve.  And  just 
as  he  feels  that  he  is  serving  he  is  doing  the  full  measure  of  his 
duty.  Just  as  soon  as  he  begins  to  feel  that  he  has  the  ordering  of 
affairs,  then  he  ceases  to  be  a  valuable  official. 

I  do  welcome  you  on  behalf  of  the  City  of  Syracuse  and  the 
County  of  Onondaga,  in  the  hope  that  your  deliberations  here  will 

7 


be  productive  of  helpful  hints  and  suggestions  and  ways  and  means 
of  improving  the  city  government.  The  city  is  what  I  am  primarily 
interested  in,  and  next  to  that,  our  county  government,  to  the 
fullest  extent  that  you  men  in  your  deliberations  are  able  to  im- 
prove them.    I  thank  you  very  much. 

Chairman  Stilwell :  I  will  introduce  the  next  speaker  by  reading 
a  clipping  from  the  Outlook.  In  the  issue  of  May  3rd,  1916,  com- 
menting upon  an  article  by  Mr.  Childs,  which  had  the  same  title  as 
his  address  to-night,  has,  the  editors  say:  "Mr.  Childs  is  an 
original  student  of  governmental  problems,  is  father  of  the  com- 
mission-manager plan  of  municipal  government,  and  a  director  of 
the  National  Short  Ballot  Organization.  His  pioneer  article  on  the 
short  ballot  as  an  instrument  of  good  government  was  published  in 
the  Outlook  in  1909.  We  are  glad  to  have  him  select  the  Outlook 
again,  as  he  did  seven  years  ago,  to  be  the  medium  to  convey  to  the 
public  his  ideas  on  the  unexplored  territory  of  county  government." 
We  shall  all  be  much  pleased  to  hear  Mr.  Richard  S.  Childs  upon 
the  subject:  "Ramshackle  County  Government." 

MR.  RICHARD  S.  CHILDS 

Mr.  Chairman,  Ladies  and  Gentlemen :  I  feel  that  it  is  in- 
cumbent upon  me,  acting  at  the  moment  in  the  capacity  of  Vice- 
President  of  the  County  Government  Association,  to  say  just  a 
few  words  as  to  who  we  are  and  what  we  are.  I  am  certain  that 
there  are  some  who  do  not  know  the  history  of  this  organization 
which  meets  here  to-night  and  to-morrow,  and  who  might  like  to 
know.  I  feel,  too,  that  in  entering  a  new  place  it  is  incumbent 
upon  us  to  scrape  our  feet  on  the  doormat,  and  before  I  proceed 
to  give  my  paper  I  will  say  a  few  words  about  the  County  Govern- 
ment Association.  Four  years  ago,  or  thereabouts,  the  Short  Ballot 
Organization  of  New  York  State,  in  trying  to  develop  a  program 
in  the  field  of  county  government,  found  that  it  could  not  apply 
short  ballot  principles  to  county  government  without  involving 
itself  in  so  many  other  alien  problems  as  to  go  far  beyond  its  origi- 
nal field.  It  seemed  wise,  therefore,  to  try  to  start  a  full  fledged 
study  of  county  government  in  all  its  branches,  and  not  merely  in 
the  particular  field  which  interested  the  Short  Ballot  Organization. 
And  out  of  the  committee  there  grew  a  series  of  informal  confer- 
ences in  New  York  City  where  there  was  produced  some  excellent 
original  literature  on  county  government.  These  conferences  were 
followed,  after  we  had  built  up  a  nucleus  of  kindred  spirits  and  stu- 
dents of  the  subject,  by  a  state  conference  held  two  years  ago  at 

8 


Schenectady,  the  first  conference  for  county  government  in  this 
state  or  any  other  state. 

A  Pioneer     Association 

I  do  not  know  whether  you  reaHze  what  pioneers  we  are. 
There  have  been  organizations  for  better  municipal  government  for 
fifty  years.  There  has  been  a  National  Municipal  League  which  for 
twenty-five  years  has  been  holding  conferences  for  better  municipal 
government.  Books  on  municipal  government  have  been  published 
without  number — the  mere  catalogue  of  them  takes  twenty-five 
pages — just  a  Hst  of  the  titles.  But  in  the  field  of  county  govern- 
ment there  has  never  been  a  book  published.  Nobody  is  interested 
in  county  government.  It  is  very  hard  to  collect  even  a  handful 
of  men  who  are  willing  to  devote  serious  study  to  the  subject.  The 
time  is  coming  when  it  is  going  to  be  a  very  great,  Hve  subject,  and 
a  very  interesting  subject  to  a  great  number  of  people.  Meanwhile, 
as  pioneers,  we  have  got  to  work  our  way  along  and  develop  the 
interest. 

One  reason  why  the  attendance  to-night  is  not  large  is  because 
the  County  Government  Association,  which  was  the  outgrowth  of 
that  first  conference  for  better  county  government  two  years  ago, 
has  chosen  deliberately  to  meet  in  this  section  of  the  state  where 
it  has  very  few  members.  Most  of  the  members  of  our  association 
are  from  Westchester  and  Nassau  counties,  and  other  counties  in 
the  eastern  part  of  the  state.  We  came  out  here  and  left  our  mem- 
bership, to  a  considerable  extent,  behind  us,  because  we  wanted  the 
people  in  this  part  of  the  state  and  the  county  officials  in  this  part 
of  the  state  to  realize  that  there  is  such  an  organization  as  the 
County  Government  Association,  and  to  get  in  touch  with  it. 

It  is  the  Second  Conference  for  Better  County  Government, 
and  is  held  under  the  auspices  of  the  County  Government  Associa- 
tion, which  is  the  outgrowth  of  the  first  conference.  The  County 
Government  Association  is  still  a  very  small  affair,  with  a  very 
small  membership  scattered  all  over  the  State  of  New  York.  The 
membership  dues  are  $2.00  a  year,  and  if  any  one  has  $2.00  and  an 
inclination  to  part  with  it  in  the  interest  of  county  government,  I 
hope  he  will  not  fail  to  do  so. 

The  little  organization  has  achieved  a  paid  secretary.  Mr, 
Cartwright  does  not  live  on  what  he. is  paid,  but  we  have  an  office 
in  White  Plains,  and  a  certain  amount  of  work  is  done  right  along 
throughout  the  year. 

The  County  Government  Association  has  developed  by  slow 
degrees  a  modest  legislative  program  affecting  the  structure  of 
county  government.    The  Association  appeared  before  the  consti- 

9 


tutional  convention  with  some  good  results,  so  far  as  what  was 
written  into  the  new  constitution  was  concerned.  But,  of  course, 
that  work  all  fell  away  when  the  constitution  died  at  the  polls. 

We  have  in  our  program  a  constitutional  amendment  to  re- 
move the  shackles  which  the  constitution  fastens  upon  county  gov- 
ernment, so  as  to  give  free  play  for  future  development. 

We  have  a  bill  which  proposes  such  re-organization  and  simpli- 
fication of  county  government  as  is  possible  under  the  present  con- 
stitution, including  the  election  of  a  small  board  of  supervisors, 
elected  at  large,  with  a  county  manager  appointed  by  them,  and 
he,  in  turn,  having  appointive  power  and  continuous  control  over 
the  other  county  officials  who  are  not  elected  under  the  consti- 
tution. 

We  also  have  a  bill  proposing  a  statewide  investigation  by  a 
state  commission  into  the  conditions  of  county  government 
throughout  the  state. 

That,  in  brief,  provides  the  background  for  our  evening  discus- 
sion and  for  the  work  to-morrow.  Any  one,  whether  a  member  of 
the  Association  or  not,  is  welcome  to  participate  in  the  discussion 
here  in  Syracuse,  and  the  formality  of  joining  the  Association,  as 
I  have  already  said,  is  a  very  simple  and  not  very  painful  one.  We 
will  be  very  glad,  indeed,  to  have  all  of  those  who  are  not  members 
already,  join  before  they  get  past  the  Secretary. 

ADDRESS 

"COUNTY  GOVERNMENT— A  PROBLEM  IN  LOW 

VISIBILITY" 

RICHARD  S.  CHILDS,   Secretary  National   Short   Ballot  Organization 

I  understand  that  in  Onondaga  County  there  is  some  dissatis- 
faction with  the  county  government.  It  seems  that  a  certain  sani- 
torium  has  been  built  which  ought  to  have  cost  $200,000,  but  which 
did  cost  $600,000.  Certain  people  in  the  county  are  casting  about 
for  a  remedy  for  such  states  of  affairs  so  that  such  a  thing  will  not 
happen  again,  and  in  the  local  paper  I  read  of  the  remedy  that  is 
proposed  and  a  very  typical  American  remedy  it  is.  The  editorial 
says,  "We  must  have  a  county  auditor  or  comptroller  elected  by  the 
people.  If  we  had  had  in  office  two  years  ago  such  an  auditor  or 
comptroller  chosen  on  his  merits  and  record  by  the  voters,  the 
chances  are  ten  to  one  that  the  tuberculosis  sanitorium  would  have 
been  honestly  constructed  and  the  county  would  have  been  spared 
a  heavy  affliction  and  a  burning  disgrace." 

Now,  I  do  not  wish  to  disparage  that  remedy,  for  it  has  some 
merit,  but  it  shows  an  undue  faith  in  machinery,  a  faith  that  ought 

10 


to  have  been  shattered  by  the  fifty  years  of  experience  which  we 
in  America  have  had  with  such  devices  of  government.  Ever  since 
the  days  of  Andrew  Jackson  the  pet  cure  for  corruption  has  been 
the  creation  of  additional  independent  elective  offices. 

Another  county  in  this  state  created  the  office  of  county  comp- 
troller elective  by  popular  vote,  clothed  with  ample  power  to  stop 
illegal  expenditures.  The  office  promptly  became  one  of  that  long 
list  of  minor  offices  on  the  ballot  to  which  the  people  paid  little  or 
no  attention  and  the  reformers  were  dismayed  to  see  the  office 
promptly  filled  by  a  ringleader  of  the  very  gang  they  were  trying 
to  get  rid  of. 

One  of  the  leaders  among  the  reformers  then  discovered  that 
in  certain  counties  of  New  Jersey  the  chairman  of  the  board  of 
supervisors,  or  board  of  freeholders  as  it  is  called  in  that  state,  was 
given  veto  power  over  the  actions  of  the  board.  He  pronounced 
that  a  splendid  idea  and  advocated  it  for  his  county,  and  I  have 
heard  him  say  passionately  that  if  he  by  any  chance  should  ever 
get  into  that  office  and  wield  that  power,  he  would  tie  up  the 
county  so  tight  that  it  wouldn't  be  able  to  move. 

He  had  in  addition  still  another  remedy  to  make  assurance 
doubly  sure.  He  discovered  an  ancient  office  that  had  been  in  use 
somewhere  in  the  middle  west  a  hundred  years  ago  called  "Censors 
of  the  People."  He  proposed  to  revive  that  office  and  elect  by  popu- 
lar vote  two  censors  of  the  people  who  would  have  power  to  report 
on  the  action  of  the  other  county  officials  and  give  them  a  good 
scolding  in  public  whenever  they  deserved  it.  And  so  in  his  idealistic 
conception  the  people  were  to  elect  a  board  of  supervisors,  the 
chairman  of  the  board  was  to  undo  their  work  with  his  veto,  the 
comptroller  was  to  have  an  additional  veto  on  their  financial  action 
and  the  censors  of  the  people  were  to  be  empowered  to  scold  them 
and  the  state  comptroller's  examiners  could  no  doubt  be  relied 
upon  to  censor  the  censors. 

Political  Machinery  Not  a  Remedy 

Modern  political  science  discards  all  this  as  rubbish ;  mere  com- 
plication and  entanglement  to  make  confusion  worse  confounded. 
The  moment  you  set  up  one  man  to  watch  another  man  you  split 
the  responsibility  and  give  the  opportunity  for  one  official  to  hide 
behind  another.  Each  official  blames  the  other  and  each  is  really 
only  half  to  blame.  Municipal  reformers  have  been  worrying 
their  way  through  this  situation  for  years  and  they  have  worked 
out  sound  principles  of  reconstruction,  principles  which  find  their 
fullest  and  final  expression  in  the  commission-manager  form  of 
municipal  government.     We  who  stand  today  as  pioneers  in  the 

11 


field  of  county  government  reform  ought  not  to  need  to  go  through 
a  series  of  floundering  experiments,  but  should  proceed  to  accept 
and  apply  the  working  principles  of  reform  which  have  been  so 
laboriously  evolved  from  the  experience  of  the  cities. 

Now,  what  are  these  principles  which  the  cities  have  learned? 
They  are,  after  all,  the  simplest  common  sense.  We,  the  people, 
cannot  trust  any  public  official  or  private  authority  to  watch  our 
public  officials  for  us  and  preserve  us  from  harm  and  spoliation.  No 
machinery  can  be  devised  that  will  automatically  produce  good 
government.  Accordingly  the  question  becomes,  "How  can  we  put 
the  rank  and  file  of  the  people  into  full  command  of  their  county 
government?"  Most  Americans  assume  that  because  the  people 
elect  all  the  county  officers  they  are  thereby  placed  in  full 
command  of  the  county  officers,  but  such  is  far  from  the  truth. 
If  the  people  elect  a  county  comptroller,  for  example,  they  may  in 
fact  not  control  him  at  all.  They  are  quite  likely  not  to  know 
whom  they  have  voted  for  on  the  day  after  election  day  or  on 
election  day  itself  for  that  matter.  Stop  Mr.  Average  Voter  as  he 
is  about  to  enter  his  election  booth  and  ask  him  "whom  are  you  going 
to  vote  for  for  county  clerk,  or  for  county  comptroller,  or  for  su- 
pervisor?" and  he  will  say  "I  don't  know — I  am  going  to  vote  for 
the  Republican,  whoever  he  is."  If  he  happens  to  be  unusually 
well  informed  about  public  affairs  he  may  say  "I  am  going  to  vote 
for  Mr.  Smith."  Ask  him  why,  and  he  will  say,  if  he  is  honest,  "be- 
cause he  is  the  Republican  candidate."  Not  more  than  one  man 
in  a  hundred  will  be  able  to  say  honestly,  "I  am  going  to  vote  for 
Smith  because  to  such-and-such  an  extent  Smith  is  qualified  for 
the  office,  whereas  his  opponent,  Mr.  Jones,  has  such-and-such 
disqualifications  for  the  office."  In  other  words,  so  far  as  these 
minor  county  officers  are  concerned  (and  practically  all  county 
officers  are  minor  officers),  one  voter  in  a  hundred  is  marking  his 
own  opinion  on  the  ballot,  and  the  other  ninety-nine  are  blindly 
accepting  the  opinion  of  that  little  group  within  the  party  machine 
which  places  the  party  label  upon  candidates.  By  slavish  ad- 
herence to  the  party  label  the  people  transfer  the  control  from 
themselves  to  the  party  machine  and  proceed  to  go  oflf  and  attend 
to  their  necessary  private  affairs  until  the  next  election.  They  do 
not  love  the  political  machine.  They  know  that  the  machine  is  a 
vague,  loose  and  formless  thing;  they  do  not  know  exactly  who 
runs  it ;  they  know  it  is  not  legally  responsible  for  its  acts  and  that 
it  is  not  incorporated.  Nevertheless  they  say  to  the  machine, 
"here,  take  hold  of  this  county  government  and  run  it  for  us ;  we 
are  busy."  Thereby  our  people  show  their  good  sense.  Our  people 
are  busy,  properly  busy.    Sometimes  we  say  that  if  all  good  citizens 

12 


would  go  into  politics,  things  would  be  better.  Yes,  politics  would 
be  better,  but  their  bread  and  butter  would  be  a  good  deal  worse. 
Mr.  Average  Citizen  is  perfectly  right  when  he  says  that  he  has  a 
good  many  things  that  come  before  county  government. 

The  Power  of  the  Short  Ballot 

Modern  political  reform  recognizes  this  simple  fact.  It  does 
not  call  it  indifference,  for  it  is  not  indifference.  It  is  merely 
necessary  preoccupation  on  the  part  of  the  people.  Accordingly, 
modern  political  science  bestirs  itself  to  invent  forms  of  govern- 
ment which  will  operate  with  the  motive  power  of  citizen  interest 
that  is  available.  It  undertakes  to  make  government  so  primitively 
simple  that  it  will  easily  come  within  the  restricted  margin  of  at- 
tention which  the  people  can  be  relied  upon  to  give. 

That  means  first  of  all,  the  Short  Ballot — having  so  few  men 
to  elect  that  Mr.  Ordinary  Everyday  Voter  who  does  not  go  into 
politics  can  easily  keep  track  of  all  the  candidates  and  know  exactly 
what  he  is  doing  on  election  day,  voting  his  own  opinion  as  to  every 
single  office,  and  in  no  case  feeling  obliged  to  fall  back  on  a  ready- 
made  opinion  prepared  for  him  by  an  interested  party  machine. 
There  should  be  not  more  than  five  offices  voted  for  at  each  elec- 
tion. 

Secondly,  all  the  offices  which  remain  elective  should  be  im- 
portant enough,  picturesque  enough,  vital  enough  and  political 
enough  to  succeed  in  commanding  the  attention  of  the  voter.  You 
might  have  only  two  offices  on  the  ballot — if  one  of  them  was  the 
coroner,  people  would  not  be  interested  in  it  at  all  and  would  with 
perfect  indifference  vote  for  any  candidate  who  wore  the  Republi- 
can label,  or  the  Democratic  label,  as  the  individual  case  might  be. 

And  thirdly,  the  county  government  must  be  unified,  for  it  is 
easier  for  the  people  to  control  one  government  than  seven. 

In  municipal  government  we  are  having  a  most  gratifying  ex- 
perience in  hundreds  of  cities  with  the  results  of  this  truly  demo- 
cratic policy.  I  refer,  of  course,  to  the  commission  form  of  city 
government.  This  form  of  government  vests  the  control  in  a  single 
board  of  five  men.  The  ballot  is  short,  every  office  on  it  is  impor- 
tant and  succeeds  in  commanding  full  popular  attention,  and  the 
power  is  completely  unified.  There  is  nobody  who  has  a  right  to 
veto  what  the  commission  does — nobody  whose  separate  approval 
or  O.  K.  is  required  before  they  can  proceed,  no  one  to  say  them 
nay  if  they  try  to  give  away  the  people's  money,  nothing  to  get  in 
their  way  if  they  wish  to  do  wrong  except  one  overwhelming 
fact,  i.  e.,  that  they  are  intensely  conspicuous  by  reason  of  their 
great  power  and  responsibility.    Consequently  everybody  sees  them 

13 


and  knows  them.  Public  attention  focuses  itself  sharply  upon 
them.  There  is  no  sheltering  low  visibility.  They  can't  get  lost  in 
the  shuffle,  because  there  is  no  shuffle.  To  do  wrong  under  such 
circumstances  would  be  as  unsatisfactory  as  committing  burglary 
with  all  the  lights  turned  on  and  all  the  family  and  the  neighbors 
standing  around  to  watch  the  operation. 

How  many  burglaries  would  be  practiced  under  these  distress- 
ing circumstances  of  pitiless  publicity. 

Direct  Responsibility  to  the  People  Needed 

Now  to  apply  these  principles  of  conspicuousness,  simplicity 
and  unity  in  county  government  is  not  difficult  in  theory,  although 
it  is  a  very  awkward  thing  to  undertake  in  practice,  because  of 
constitutional  difficulties  and  popular  prejudices.  The  county  is 
partly  the  agent  of  the  state  and  partly  the  agency  of  the  local 
community.  In  so  far  as  it  is  the  agency  of  the  state,  it  ought  to 
go  out  of  existence  as  a  political  entity.  The  state  ought  to  appoint 
its  own  agents  and  execute  its  own  laws,  pay  its  own  bills,  and 
face  the  public  resistance  to  the  execution  of  the  laws  it  makes. 
We  should  copy  in  our  state  government  the  federal  system  under 
which  the  president  appoints  the  judges,  the  federal  marshals  and 
the  federal  district  attorneys,  constituting  a  great  department  of 
justice  which  enforces  federal  laws  from  coast  to  coast,  and  under 
which  system  we  live  with  less  complaint  than  under  the  irrespon- 
sible and  decentralized  state  system.  In  New  Jersey  they  come 
very  near  to  copying  the  federal  system,  inasmuch  as  the  judges 
and  the  district  attorneys  are  appointed  by  the  governor,  and  while 
the  sheriff  remains  locally  elective,  there  is  machinery  which  makes 
it  possible  to  do  the  business  without  the  sheriff  when  he  fails  to 
co-operate  in  carrying  out  the  law. 

With  the  judicial  system  thus  transferred  completely  to  the 
state,  we  have  left  merely  a  local  government  and  our  only  problem 
is  to  make  it  responsible  to  the  local  people.  Elect  a  board  of  super- 
visors either  locally  or  at  large,  provided  only  that  it  be  a  com- 
paratively small  board  of  five  or  seven,  so  there  will  not  be  too 
many  for  the  people  to  keep  track  of  and  so  that  the  power  will 
not  be  so  minutely  subdivided  as  to  diminish  the  visibility  of  the 
individual  member  in  the  eyes  of  his  constituents.  Let  this  board 
then  be  a  real  governing  board  with  complete  authority  to  levy 
the  taxes,  appropriate  the  funds,  appoint  all  other  county  officials 
with  power  to  discharge  them  at  any  time,  and  in  short,  be  com- 
pletely responsible  for  the  county  government  unto  the  uttermost 
detail.  As  a  matter  of  practical  administration  they  will  find  it  de- 
sirable to  have  a  chief  executive  under  them  and  responsible  to 

14 


them.  This  chief  executive  or  county  manager,  as  he  might  be 
called,  to  be  on  the  job  all  the  time  as  the  sole  a^ent  of  the  board 
of  supervisors,  co-ordinating  the  administration  and  making  all  the 
subordinate  officers  work  in  harmonious  co-operation  toward  the 
common  end.  To  be  a  member  of  such  a  board  of  supervisors  would 
be  a  real  honor  and  satisfaction.  About  nine-tenths  of  the  red 
tape  which  now  entangles  the  county  officers  would  promptly  be- 
come unnecessary.  Instead  of  being  a  string  of  semi-related  units, 
the  county  would  become  almost  a  military  organization,  each 
officer  responsible  to  his  superior,  the  county  manager,  and  the 
county  manager  in  turn  responsible  to  the  elective  supervisors, 
who  in  their  turn  are  responsible  to  the  people.  As  a  practical 
matter,  the  transfer  of  the  judges,  district  attorneys  and  sheriffs 
to  the  care  of  the  state  is  unconstitutional  in  this  state,  and  impos- 
sible for  years  to  come.  The  creation  of  a  compact  board  of  super- 
visors, however,  with  a  county  manager  under  them,  controlling  and 
directing  the  minor  county  officers,  is  within  reach,  and  this  County 
Government  Association  has  drafted  legislation  to  make  this  plan 
available  for  any  county  that  wants  it. 

Greatly  Increased  Service  Would  Result 

Once  equipped  with  such  a  simple,  flexible,  unified,  responsible, 
democratic  piece  of  machinery,  the  county  with  only  normal  atten- 
tion on  the  part  of  the  people,  will  begin  to  develop  efficiency.  As 
the  people  develop  an  increasing  confidence  in  it,  the  county  will 
grow  in  importance.  Our  counties  at  present  do  not  do  a  fraction 
of  the  work  which  they  would  be  entrusted  with  if  the  people  had 
confidence  in  them.  The  county  ought  to  do  a  lot  of  the  work  which 
is  now  being  done  at  long  distance  by  the  state.  It  also  ought  to 
do  a  lot  of  the  work  that  is  being  done  on  a  scale  too  small  for 
efficiency,  by  the  townships  and  the  villages.  The  county  ought, 
in  most  cases,  for  example,  to  be  the  unit  for  the  administration 
of  public  health,  including  the  prevention  of  epidemics,  the  lower- 
ing of  the  death  rate  and  the  care  of  the  sick.  We  ought  to  have 
county  public  libraries  with  branches  in  every  hamlet.  Who  would 
put  faith  in  a  county  detective  bureau  under  present  conditions? 
But  if  we  could  trust  the  county  to  be  efficient,  it  is  the  logical 
unit  for  the  police  and  the  preservation  of  public  order  and  preven- 
tion of  crime  outside  of  the  city  limits.  Every  county  ought  to 
have  a  county  plan  just  as  cities  have  a  city  plan.  The  county 
would  be  a  more  convenient  unit  for  the  administration  of  schools, 
particularly  of  high  schools  outside  of  cities.  It  would  be  a  logical 
and  convenient  unit  for  the  assessment  of  property  for  taxation 
purposes  and  for  the  collection  of  all  the  taxes  and  the  distribution 

15 


thereof  to  various  other  units  of  government.  It  would  be  a 
logical  repository  for  control  over  the  public  roads,  water  supply 
and  public  utility  franchises  for  all  areas  outside  of  cities.  Agri- 
cultural counties  ought  to  have  their  department  of  agriculture  and 
their  model  farms  with  experts  equipped  to  give  prompt  and 
neighborly  assistance  to  the  farmers  to  improve  their  crops  and  to 
market  them  to  the  best  advantage. 

But  all  such  things  must  wait  until  we  get  an  efficient  county, 
simple  and  flexible  in  organization,  obedient  to  the  people  rather 
than  to  political  machines,  and  capable  of  getting  out  of  its  own 
way  without  stepping  on  its  own  feet. 

Chairman  Stilwell :  Our  next  speaker  is  one  well  known  to  the 
Empire  State,  first  as  one  of  the  leading  senators  in  our  State 
Senate,  and  later  as  president  of  the  State  Tax  Commission,  and 
generally  as  an  expert  in  tax  matters.  One  of  his  recommendations, 
I  think,  will  appeal  to  a  good  many  citizens  of  this  city  just  at  this 
time  as  we  are  going  to  pay  our  county  taxes.  As  most  of  you 
know,  we  pay  one  per  cent,  more  than  the  tax  because  the  county 
has  no  means  of  its  own  to  collect  the  tax.  It  makes  the  city  its 
agent,  and  the  city  charges  one  per  cent,  for  its  services.  President 
Saxe,  as  I  understand,  among  other  things,  recommends  a  system 
of  collecting  county  taxes  which  is  simpler  and  less  expensive.  We 
will  be  glad  to  hear  President  Martin  Saxe. 

PRESIDENT   SAXE 

Mr.  Chairman,  Ladies  and  Gentlemen :  Mr.  Childs  in  his  paper 
indicated  to  you  the  possibilities  of  a  county  plan  of  tax  adminis- 
tration. The  paper  I  have  prepared  for  your  consideration  deals 
specifically  with  that  subject. 

ADDRESS 
"A  PLEA  FOR  THE  COUNTY  PLAN  OF  TAX  ADMINISTRA- 
TION IN  NEW  YORK" 

HON.  MARTIN  SAXE,  President  of  New  York  State  Tax  Department. 

Especially  to  those  interested  in  improving  the  efficiency  of 
county  government,  the  county  plan  of  tax  administration,  instead 
of  the  town  plan  under  the  present  system  obtaining  in  our  state, 
should  appeal  with  emphasis.  The  town  plan  in  its  traditional  form 
is  now  only  to  be  found  in  such  states  as  Connecticut,  Delaware, 
Iowa,  Maine,  Massachusetts,  Michigan,  Minnesota,  New  Hamp- 
shire, New  York,  Rhode  Island  and  Vermont.    The  majority  of  our 

16 


states  have  adopted  the  county  as  the  local  unit,  while  others, 
where  there  is  no  constitutional  mandate  compelling  the  town 
plan,  but  local  sentiment  clings  to  it,  have  a  combination  scheme 
of  county  and  town  authorities  in  one  form  or  another. 

County  Unit  Broadly  Favored 

As  the  name  implies,  the  county  plan  comprehends  a  central 
authority  for  the  county  unit  in  the  assessment  and  collection  of 
taxes  for  all  purposes  within  the  county;  providing  an  official 
assessment-roll  for  the  county  upon  which  all  taxes  levied  within 
the  county  are  based,  to  the  end  that  the  assessed  value  of  the 
property  situated  within  the  county  unit  shall  be  the  same  for  all 
tax  purposes. 

Experienced  tax  administrators  the  country  over  decidedly 
favor  the  county  system.  Comparative  studies  of  the  two  methods 
show  that  the  town  plan  possesses  all  the  disadvantages  of  the 
small  unit  for  tax  administration,  while  the  county  plan  permits  of 
an  efficiency  in  administration  in  every  direction  which  can  only  be 
achieved  through  the  use  of  the  larger  unit  of  jurisdiction.  Under 
the  general  property  tax  the  assessment  of  property  is  of  prime 
importance  if  equal  justice  to  all  taxpayers  is  to  be  attained.  By 
dividing  your  state  into  small  tax  district  units  you  cannot  prac- 
tically reach  the  desired  result.  The  office  of  town  assessor  is  of 
too  little  importance  in  scope  and  pay  to  warrant  the  individual 
effort  which  is  essential  to  produce  fair  and  equitable  assessments ; 
just  as  the  assessors  of  the  respective  towns  throughout  a  county 
vary  in  the  performance  of  their  official  duties,  so  do  the  assess- 
ments of  those  towns  vary  from  the  standard  fixed  by  law  for  the 
valuation  of  property  for  tax  purposes.  Hence,  there  follows 
throughout  the  county  a  startling  lack  of  uniformity  in  assessment 
work. 

What  is  an  Assessor? 

A  New  York  assessor  in  order  to  perform  his  functions  intelli- 
gently must  at  least  possess  a  fair  knowledge  of  the  value  of 
ordinary  real  estate,  such  as  land  and  buildings,  in  his  locality ;  also 
a  knowledge  of  personal  property  values,  tangible  and  intangible ; 
a  knowledge  of  the  tax  law  as  it  relates  to  his  duties ;  a  working 
knowledge  of  the  cost  of  construction  of  pole  lines,  steam  and 
electric  railroad  lines  and  pipe  lines;  of  power  plant  equipment, 
manufacturing  machinery,  etc.,  or  access  to  authoritative  advice 
on  such  technical  property  to  guide  him ;  he  must  possess  sufficient 
mathematical  knowledge  to  enable  him  to  make  the  apportionments 
provided  by  the  Tax  Law.     In  rural  districts  he  should  have  a 

17 


general  knowledge  of  farm  values,  based  upon  the  productivity  of 
the  various  kinds  of  soil,  together  with  a  knowledge  of  the  cost  of 
farm  improvements  and  of  the  value  of  up-keep  as  applied  to  farm 
and  farm  buildings.  In  urban  communities  his  knowledge  of  values 
must  run  to  building  construction  of  still  greater  variety.  In 
general,  he  must  observe  the  changing  values  of  real  property,  due 
to  improved  transportation  methods,  industrial  growth,  residential 
development  and  other  causes.  And  yet  he  is  elected  because  he 
is  a  good  vote-getter  in  his  town  or  village !  Or,  as  sometimes 
happens,  no  one  wants  the  job  and  the  candidate  has  to  be  drafted 
for  the  service.  He  holds  office  for  two  years  unless  he  happens 
to  be  favored  with  the  four  year  term,  which  one  of  the  board  of 
three  is  permitted  to  enjoy.  As  to  compensation,  the  Tax  Law 
provides  that  he  shall  not  receive  more  than  three  dollars  a  day, 
except  in  certain  counties  and  in  towns  with  assessment-rolls  of 
ten  million  dollars  and  upward.  Hence,  it  naturally  follows  that 
our  assessor  is  usually  a  good  fellow,  possessed  of  more  affability 
than  the  other  kinds  of  ability  required  for  the  job.  To  retain  his 
popularity  he  must  not  incur  the  ill-will  of  those  who  vote  in  his 
district,  and  he  must  pay  respectful  attention  to  the  town  super- 
visor, who  is  something  akin  to  his  political  boss. 

Now,  I  indicated  the  lack  of  uniformity  in  assessment  work 
that  must  necessarily  flow  from  such  conditions,  and  here  we  find 
the  root  of  the  equalization  trouble  of  the  counties.  The  Tax  Law 
calls  for  full  value  and  our  assessor  is  compelled  to  subscribe  to 
the  statutory  oath  as  follows : 

"We,  the  undersigned,  do  severally  depose  and  swear  that  we  have  set 
down  in  the  foregoing  assessment-roll  all  the  real  estate  situated  in  the  tax 
district  in  which  we  are  assessors,  according  to  our  best  information ;  and  that, 
with  the  exception  of  those  cases  in  which  the  value  of  the  said  real  estate  has 
been  changed  by  reason  of  proof  produced  before  us,  and  with  the  exception 
of  those  cases  in  which  the  value  of  any  special  franchise  has  been  fixed  by  the 
state  tax  commission,  we  have  estimated  the  value  of  the  said  real  estate  at  the 
sums  which  a  majority  of  the  assessors  have  decided  to  be  the  full  value  thereof; 
and,  also,  that  the  said  assessment-roll  contains  a  true  statement  of  the  aggregate 
amount  of  the  taxable  personal  estate  of  each  and  every  person  named  in  such  roll 
over  and  above  the  amount  of  debts  due  from  such  persons,  respectively,  and 
excluding  such  stocks  as  are  otherwise  taxable,  and  such  other  property  as  is 
exempt  by  law  from  taxation,  at  the  full  value  thereof,  according  to  our  best 
judgment  and  belief." 

Undervaluation  Inevitable  Under  the  Township  Unit 

But  the  Tax  Law,  recognizing  the  practice  of  undervaluation, 
also  provides  an  alleged  remedy  by  prescribing  equalization  between 
towns  by  the  board  of  supervisors  or  a  commission  appointed  by 
the  board.     So  our  kindly-disposed  assessors  lean  towards  their 

18 


neighbors,  on  the  one  hand,  and,  on  the  other,  they  harken  to  the 
whisper  of  the  supervisor,  who  tells  them  to  keep  assessments 
down  and  that  he  (the  supervisor)  will  see  to  it  that  the  town 
secures  an  unwarranted  rate  in  the  county  equalization,  thus  allevi- 
ating the  town's  burden  of  its  share  of  state  and  county  tax  levies. 
I  wonder  whether  those  of  us  who  take  pride  in  the  great  American 
idea  of  justice  and  equality  ever  think  of  this  amazing  condition  in 
American  municipal  government! 

The  Science  of  Equalization — As  Practiced 

In  evidence  of  the  allegation  concerning  county  equalization, 
let  me  call  your  attention  to  a  very  recent  report  by  a  special  sub- 
committee of  the  equalization  committee  of  a  county  board  of 
supervisors.    It  reads  as  follows : 

"The  report  of  your  special  committee  on  equalization,  appointed  pursuant 
to  a  resolution  adopted  at  a  meeting  of  the  board  held  January  11,  1916,  is 
herewith    submitted : 

"Your  committee  has  proceeded  on  the  supposition  that  it  was  the  intent 
of  the  resolution  providing  for  its  appointment  that  it  should  gather  data  and 
information  which  would  be  of  use  to  the  equalization  committee  and  the  board 
in  equalizing  the  assessments  between  the  several  towns  and  the  county. 

"For  the  information  of  those  members  of  the  board  who  are  serving  their 
first  year  as  supervisors,  and  for  the  information  of  the  citzens  of  the  county  in 
general,  we  deem  it  proper  to  review  briefly  the  history  of  equalization  in  this 
country  during  recent  years.  For  a  number  of  years  prior  to  1910  the  equaliza- 
tion of  the  county  was  made  with  little  or  no  information  upon  which  to  base 
a  proper  and  correct  equalization.  Having  no  accurate  data  to  work  with,  the 
temptation  was  strong — and  usually  too  strong  to  resist — for  nine  of  the  super- 
visors to  combine  against  the  remaining  eight  and  equalize  the  county  for  the 
benefit  of  nine  of  the  towns  at  the  expense  of  the  other  eight,  with  little  or  no 
regard  to  justice.  The  amounts  taken  from  and  added  to  the  towns  were 
usually  insignificant,  and  the  principal  result  accomplished  was  to  leave  eight 
supervisors  feeling  that  they  had  been  unjustly  imposed  upon,  while  the  other 
nine  became  pufted  up  with  arrogant  pride  because  they  had  'taken  care  of  their 
towns.'  As  the  changes  thus  brought  about  made  a  difference  to  the  towns  of 
from  fifty  to  five  hundred  dollars  only,  the  whole  performance  verged  upon 
the  ridiculous.  Since  1910  the  board,  having  no  accurate  information  upon  the 
subject  and  knowing  that  all  of  the  towns  were  under-assessed,  and  realizing 
that  the  bad  feeling  engendered  by  the  foolish  equalizations  of  the  past  inter- 
fered with  other  legitimate  work  of  the  board,  has  taken  the  position  that  the 
only  thing  to  do  was  to  consider  all  the  towns  as  equally  under-assessed. 
Therefore,  there  has  been  no  equalization  for  the  six  years  last  past." 

With  several  towns  in  a  county,  each  striving  to  keep  assess- 
ments down  and  their  respective  supervisors  trying  to  secure  high 
ratios  in  the  equalization  table,  we  have  a  condition  of  affairs  re- 
sulting in  appeals  to  the  State  Tax  Commission  for  relief — all  of 

19 


which  would  readily  disappear  under  the  county  plan.  For  it  is 
easily  demonstrated  by  an  anomalous  illustration  in  this  very  state 
where  our  courts  have  pointed  out  most  clearly  the  firmly  imbedded 
strata  of  the  town  and  village  system  in  our  fundamental  law. 

Real  Assessment — Five  Counties  Under  One  Board 

The  city  of  New  York,  comprising  five  counties,  is  assessed 
for  taxes  by  one  board  of  assessors,  known  as  the  commissioners 
of  taxes  and  assessments,  appointed  by  the  Mayor.  This  board 
reports  an  assessed  value  of  real  estate  greater  than  twice  the 
amount  of  the  assessed  value  of  the  real  estate  of  the  whole  state 
outside  the  city;  in  personal  property  assessments,  including  bank 
stock,  it  reports  more  than  three  times  the  assessed  value  of  per- 
sonal property,  including  bank  stock,  of  the  rest  of  the  state  out- 
side the  greater  city.  And  if  a  five-county  unit  works  well  in  that 
part  of  the  state  having  the  greatest  taxable  wealth,  it  would  seem 
that  the  single  county  plan  ought  to  work  well  elsewhere. 

County  Unit  Blocked  by  the  Constitution 

Recent  legislation  indicates,  too,  the  awakening  of  a  tendency 
toward  the  county  plan.  In  1914  the  legislature,  responding  to  local 
desire  in  Westchester  County,  passed  a  tax  administration  act  for 
that  county.  It  provided  for  an  elected  or  appointed  board  of 
assessors  for  each  town  empowered  to  make  assessment-rolls  for 
taxation,  within  their  respective  towns,  for  state,  county,  town, 
village  or  tax  district  purposes ;  such  assessment-roll  was  made  the 
official  assessment-roll  for  *every  municipality  in  the  tax  district 
lying  within  the  township  for  which  the  roll  is  prepared,  so  far  as 
it  relates  to  property  lying  within  the  limits  of  the  municipality 
or  other  tax  district;  the  town, board  of  assessors  to  make  the 
assessment  required  for  each  separate  tax  district  in  the  town.  It 
also  provided  for  an  elected  or  appointed  receiver  of  taxes  for  each 
town  to  supplant  the  town  collector,  who  was  empowered  to  collect 
all  state,  county,  town,  village  and  district  taxes  levied  within  the 
town  for  state,  county,  town,  village  or  any  tax  district  or  part 
thereof  therein. 

In  1915  Nassau  County  secured  a  somewhat  similar  act  from 
the  legislature,  but  it  went  further  by  abolishing  the  old  town 
receivers  and  collectors  of  taxes  and  establishing  a  county  receiver 
of  taxes  to  be  appointed  by  the  county  judge,  county  clerk  and 
county  comptroller ;  the  county  receiver  to  collect  all  state,  county, 

20 


town,  village,  school  district  and  other  taxes  levied  within  the 
county  for  the  state,  county,  town,  incorporated  village,  school 
district  or  other  district  or  part  thereof  therein. 

The  courts  declared  these  acts  unconstitutional  on  the  ground 
that  they  violated  the  home  rule  principle  which  secures  the  right 
of  self-government  to  the  smallest  localities.  In  both  of  these  acts 
the  villages  were  deprived  of  their  traditional  right  to  select  their 
own  assessors  and  collectors,  and  in  the  Nassau  County  Act  the 
towns  lost  the  right  to  select  their  receivers  or  town  collectors  of 
taxes.  So  it  has  been  decisively  held  by  our  highest  judicial  au- 
thority that  under  our  present  constitution,  notwithstanding  the 
advantages  to  be  derived  by  centralization  of  certain  local  govern- 
mental functions,  we  must  adhere  to  the  plan  of  our  forefathers 
until  the  fundamental  law  is  amended  to  permit  the  changes  which 
modern  municipal  development  demands. 

Judge  Vann's  Decision  the  Basis 

To  appreciate  the  sound  reasoning  of  our  courts  in  adhering  to 
the  home  rule  principle  of  the  constitution,  we  must  recall  the  con- 
stitutional development  of  the  subject.  In  the  Metropolitan  Street 
Railway  case,  upholding  the  constitutionality  of  the  special  fran- 
chise tax  amendment  of  the  Tax  Law,  is  to  be  found  a  highly 
illuminating  opinion  by  Judge  Vann  showing  by  accurate  historical 
treatment  that  local  electors  are  possessed  of  certain  inherent 
rights,  with  respect  to  the  selection  of  local  officers  charged  with 
the  performance  of  certain  official  duties,  with  which  the  legisla- 
ture cannot  interfere.  These  rights  are  derived  from  Section  2  of 
Article  10  of  the  constitution,  popularly  known  as  the  "home  rule" 
provision.    Judge  Vann  says  : 

"The  principle  of  home  rule,  or  the  right  of  self-government  as  to  local 
affairs,  existed  before  we  had  a  constitution.  Even  prior  to  the  Magna  Charta 
citizens,  boroughs  and  towns  had  various  customs  and  liberties,  which  had  been 
granted  by  the  crown  or  had  subsisted  through  long  use,  and  among  them  was  the 
right  to  elect  certain  local  officers  from  their  own  citizens  and,  with  some  re- 
strictions, to  manage  their  own  purely  local  affairs.     *    *     * 

"The  rights  thus  secured  after  a  long  struggle  and  great  pressure,  although 
at  times  denied  and  violated  by  the  ruling  monarch,  were  never  lost,  but  were 
brought  over  by  the  colonists  the  same  as  they  brought  the  right  to  breathe, 
and  they  would  have  parted  with  the  one  as  soon  as  the  other.  The  liberties 
and  customs  of  localities  reappear  on  a  novel  and  wider  basis  in  the  town  meet- 
ings of  New  England  and  the  various  colonies,  including  the  colony  of  New 
York.  The  right  of  the  inhabitants  of  townships  and  manors  to  meet  at  stated 
times  in  public  town  meetings,  elect  town  officers  and  transact  town  business, 
was  well  established  while  we  were  a  colony  and  was  recognized  by  different 
statutes  enacted  by  the  governor,  council  and  general  assembly.    *     *     * 

21 


"The  business  transacted  at  the  town  meeting  related  to  highways,  care 
of  the  poor  and  matters  of  purely  local  concern.  It  was  confined  to  the  affairs 
of  a  small  district  and  was  clearly  separated  from  public  matters  of  interest  to 
the  colony  at  large.  The  officers  elected,  generally  by  viva  voce  vote,  were 
supervisors,  assessors,  collectors,  constables,  commissioners  of  highways  and 
overseers  of  the  poor.  The  powers  and  duties  of  these  officers  were  regulated 
by  statute,  but  the  right  to  select  them  resided  in  the  people  of  the  locality  and 
was  stubbornly  insisted  upon  as  inznolable. 

"Such  was  the  state  of  affairs  when  the  first  constitution  was  adopted. 
While  that  instrument  organized  the  state,  it  granted  no  rights  to  the  people, 
but  was  their  own  creation,  expressing  the  restraints  that  they  desired  to  place 
upon  themselves  by  preserving  certain  principles  and  methods  of  government 
which  they  wished  to  remain  unalterable.  Thus  the  Constitution  of  1777  recog- 
nized local  self-government  as  already  existing,  and  continued  and  protected  it, 
so  that  it  could  not  lawfully  be  departed  from  without  changing  the  Constitu- 
tion itself.  It  provided  that  'town  clerks,  supervisors,  assessors,  constables  and 
collectors  and  all  other  officers  heretofore  eligible  by  the  people,  shall  always 
continue  to  be  so  eligible'  (Sec.  29).  Sheriffs,  coroners,  loan  officers,  county 
treasurers,  clerks  of  supervisors  and  justices  of  the  peace  were  to  be  appointed 
(Sec.  26,  29).  Thus  our  earliest  Constitution  did  not  create  the  right  to  elect 
the  administrative  officers  of  towns,  but  continued  it  as  it  had  existed  during  the 
history  of  the  colony  while  it  was  under  the  dominion  of  the  English  crown. 
The  only  local  officers  mentioned  by  name  as  'eligible  by  the  people'  were  town 
officers,  and,  in  fact,  almost  all  officers  of  other  local  divisions  were  appointed 
by  central  authority. 

"The  second  Constitution,  framed  in  1821,  continued  the  right  by  the 
general  clause  applicable  to  county,  town,  city  and  village  officers,  that  'all 
officers  heretofore  elected  by  the  people  shall  continue  to  be  elected ;  and  all 
other  officers,  whose  appointment  is  not  provided  for  by  this  Constitution,  and 
all  officers  whose  offices  may  be  hereafter  created  by  law,  shall  be  elected  by 
the  people,  or  appointed,  as  may  by  law  be  directed'  (Art.  4,  Sec.  15).  Sheriffs, 
coroners  and  some  other  county  officers  were  for  the  first  time  made  elective. 

"The  third  Constitution,  drafted  in  1846,  continued  the  principle  and  ex- 
panded the  right  by  the  following  provision. :  'All  county  officers  whose  election 
or  appointment  is  not  provided  for  by  this  Constitution,  shall  be  elected  by  the 
electors  of  the  respective  counties  or  appointed  by  the  board  of  supervisors  or 
other  county  officers,  as  the  legislature  shall  direct.  All  city,  town  and  village 
officers,  whose  election  or  appointment  is  not  provided  for  by  this  Constitution, 
shall  be  elected  by  the  electors  of  such  cities,  towns  and  villages,  or  of  some 
division  thereof,  or  appointed  by  such  authorities  thereof,  as  the  legislature 
shall  designate  for  that  purpose.  All  other  officers,  whose  election  or  appoint- 
ment is  not  provided  for  by  this  Constitution,  and  all  officers  whose  offices  may 
hereafter  be  created  by  law,  shall  be  elected  by  the  people,  or  appointed,  as  the 
legislature  may  direct'  (Art.  10,  Sec.  2).  The  same  provision  was  carried  for- 
ward, ipsissimis  verbis,  in  our  present  Constitution   (Art.  10,  Sec.  2). 

"These  and  other  commands  of  the  different  constitution,  when  read  in 
the  light  of  prior  and  contemporaneous  history,  show  that  the  object  of  the 
people  in  enacting  them  was  to  prevent  centralization  of  power  in  the  state,  and 
to  continue,  preserve  and  expand  local  self-government. 

"This  was  effected  through  a  judicious  distribution  of  the  power  of 
selecting  public  officers,  by  assigning  the  choice  of  local  officers  to  the  people 

22 


of  the  local  divisions,  and  to  the  people  generally,  those  belonging  to  the  state 
at  large.  The  management  of  the  local  political  business  of  localities,  whether 
as  large  as  a  county  or  as  small  as  a  village,  is  intrusted  to  local  officers 
selected  by  the  communities  where  those  officers  act  and  through  which  their 
jurisdiction  extends.  The  principle  of  home  rule  is  preserved  by  continuing  the 
right  of  these  divisions  to  select  their  local  officers,  with  the  general  functions 
which  have  always  belonged  to  the  office.  Unless  the  office,  by  whatever  name 
it  is  known,  is  protected,  as  the  courts  have  uniformly  held,  the  right  to  choose 
the  officer  would  be  lost,  for  with  his  former  functions  gone  he  would  not  be 
the  officer  contemplated  by  the  Constitution,  even  if  the  name  were  retained. 
Unless  the  office  or  officer  is  mentioned  co  nomine  in  the  Constitution,  the  name 
may  be  changed  or  the  office  abolished,  provided  the  functions,  if  retained  at  all, 
remain  in  some  officer  chosen  by  the  locality.  Local  functions,  however,  cannot 
be  transferred  to  a  state  officer.  The  legislature  has  the  power  to  regulate,  in- 
crease or  diminish  the  duties  of  the  local  officer,  but  it  has  been  steadfastly  held 
that  this  power  is  subject  to  the  limitation  that  no  essential  or  exclusive  function 
belonging  to  the  office  can  be  transferred  to  an  officer  appointed  by  central 
authority.  The  office  may  go,  but  the  function  must  be  exercised  locally  if  ex- 
ercised at  all.  While  no  arbitrary  line  is  drawn  to  separate  the  powers  of  local 
and  state  officers,  the  integrity  of  the  local  office  is  protected,  with  its  original 
and  inherent  functions  unimpaired.  It  is  interference,  whether  direct  or  indi- 
rect, with  the  vital,  intrinsic  and  inseparable  functions  of  the  office  as  thu3 
defined  and  understood  that  the  Constitution  prohibits.     *    *     *" 

The  County  Unit  Combines  Home  Rule  and  Convenience 

And  in  line  with  those  legal  principles  enunciated  by  Judge 
Vann,  the  courts  held  that  the  Westchester  and  Nassau  County  tax 
acts  violated  the  Constitution.  The  simple  fact  is,  however,  that 
the  small  unit  of  colonial  days  has  by  advanced  means  of  transpor- 
tation and  communication  expanded  into  a  much  larger  unit  of 
public  convenience  and  our  governmental  system  must  be  permitted 
to  adapt  itself  to  that  change.  In  other  words,  if  it  is  desirable  to 
cling  to  the  traditional  principle  of  the  right  of  local  self-govern- 
ment, let  us  at  least  make  it  feasible  to  extend  the  physical  area  of 
the  local  unit  to  the  dimensions  of  modern  public  convenience. 

It  being  conceded  that  larger  tax  units  afford  the  opportunity 
for  better  administration  of  taxation,  let  us  make  it  possible  to 
have  such  larger  units  and  yet  secure  to  the  electors  thereof  the 
traditional  right  of  selection,  directly  or  indirectly,  of  the  admin- 
istrative officers  of  local  tax  districts.  By  so  doing  we  are  pre- 
serving the  "home  rule"  principle  within  a  modern  tax  district  area 
as  distinguished  from  the  confines  of  a  city,  town  or  village. 

The  Constitution  to  be  Amended 

In  the  constitutional  convention  of  1915,  the  committee  on 
taxation  made  a  study  of  the  condition  of  our  tax  law,  as  limited 
by  constitutional  provision,  and  recommended  a  tax  article  for  em- 

23 


bodiment  in  the  constitution  to  remedy  the  resulting  situation. 
That  article  was  adopted  by  the  convention,  but  submitted  sepa- 
rately from  the  body  of  the  proposed  constitution.  Very  largely 
on  account  of  gross  misrepresentation  by  certain  interests  as  to  the 
effect  of  the  tax  article,  that  proposed  amendment  was  defeated 
by  an  even  greater  adverse  vote  than  were  any  of  the  other  con- 
stitutional propositions  submitted  at  that  election.  While  in  the 
main  the  tax  article  of  1915  would  have  served  the  purpose  for 
which  it  was  intended,  it  was  the  product  of  compromise  and  so 
drawn  as  to  incur  a  combined  opposition.  The  state  tax  com- 
mission, appreciating  the  vital  necessity  for  constitutional  amend- 
ment, and  believing  that  the  situation  will  never  be  settled  until  it 
is  settled  right,  has  given  further  study  to  the  subject,  and  has 
produced  a  new  proposed  tax  article  which  will  be  submitted  to 
the  legislature  of  1917  for  its  consideration.  The  tax  commission's 
constitutional  article  reads  as  follows  : 

Section  1.  The  legislature  shall  establish  a  plan  of  state  and 
local  taxation  and  provide  for  the  complete  administration  thereof. 
Local  tax  officers  shall  be  residents  of  their  respective  tax  districts, 
which  shall  be  defined  by  the  legislature,  and  they  shall  be  elected, 
by  the  electors  thereof  or  appointed  by  such  authorities  within  the 
district  as  the  legislature  shall  designate  for  that  purpose.  The 
jurisdiction,  powers  and  duties  of  local  tax  district  officers  shall  be 
prescribed  by  law. 

Section  2.  Hereafter  no  exemption  from  taxation  shall  be 
granted  except  by  general  laws  and  upon  the  affirmative  vote  of 
two-thirds  of  all  the  members  elected  to  each  house. 

It  is  to  be  noted  that  the  foregoing  article  preserves  the  prin- 
ciple of  "home  rule"  and  maintains  the  local  tax  officer  as  a  con- 
stitutional officer,  but  places  him  in  a  class  by  himself.  It  gives 
him  no  inherent  constitutional  powers.  This  will  permit  of  reason- 
able and  intelligent  centralization  by  legislative  enactment  in  re- 
sponse to  local  demand  as  it  may  from  time  to  time  manifest  itself. 
Under  such  a  constitutional  provision  this  state  will  be  able  to 
take  its  place  in  line  with  those  states  which  have  set  the  pace  in 
the  improvement  of  tax  administration  and  under  it  a  county  plan 
of  centralized  assessment  and  collection  of  taxes  will  be  legally 
feasible.  Furthermore,  the  commission's  proposed  tax  article 
makes  possible  the  development  of  an  intelligent  and  comprehensive 
tax  system  for  the  state  to  meet  modern  conditions  of  taxable 
sources.  No  state  can  confer  upon  its  people  the  true  measure  of 
happiness  to  which  they  are  entitled  until  the  burden  of  the  cost 
of  government  is  laid  equitably  upon  those  who  can  and  should 

24 


contribute,  and  upon  the  property  within  its  reach,  without  en- 
croachment upon  the  material  prosperity  of  the  whole  community. 

DISCUSSION 

Chairman  Stilwell:  Now,  gentlemen,  you  have  two  papers 
before  you.    Do  you  desire  to  discuss  them? 

Mr.  Cartwright:  Mr.  Chairman,  I  am  going  to  mention  the 
last  paper  first.  And  before  speaking  specifically  of  the  paper,  I 
must  own  up  publicly  something  about  its  author.  In  regard  to  the 
president  of  the  State  Tax  Department,  when  he  was  appointed  to 
the  position  that  he  now  occupies  by  the  governor  and  state  au- 
thorities, I  was  a  little  skeptical  about  that  appointment.  In  fact, 
1  was  asked  about  it  and  I  said  that  while  he  was  most  assuredly  a 
competent  man — a  qualified  specialist  on  taxation — I  thought  he 
was  too  much  of  a  politician,  and  was  afraid  he  was  not  the  man 
that  we  wanted  for  that  job.  But  since  he  has  been  in  that  chair 
I  have  done  nothing  but  take  off  my  hat  to  him  and  frequently 
write  him  congratulatory  letters.  Instead  of  making  suggestions, 
all  I  can  say  is,  "Go  ahead." 

Mr.  Saxe :  I'd  like  to  impress  upon  you,  Mr.  Cartwright,  that 
the  men  that  make  the  best  administrative  ofiacers  are  usually  the 
most  practical  politicians. 

Mr.  Cartwright:  That  much,  at  least,  is  duly  impressed,  Mr. 
President. 

Now,  illustrative  of  the  plan  that  is  advocated  here  in  both  of 
these  papers,  for  centralization  of  county  administration,  centraliza- 
tion in  the  hands  of  a  responsible  head,  and  doing  away  with  the 
various  features  wherein  county,  village  and  township  government 
overlap  and  reduplicate  one  another's  efforts  so  thickly  that  they 
tread  on  one  another's  toes,  I  want  to  mention  two  experiences  of 
ours  in  Westchester  county,  where  my  office  is  located,  and  where 
my  labors  are  centralized.  I  am  not  a  resident  there.  I  am  there 
as  an  investigator  for  the  County  Government  Association  and  for 
the  Westchester  County  Research  Bureau. 

We  have  made  a  number  of  investigations  of  county  govern- 
ment and  are  constantly  impressed  with  the  great  number  of  offi- 
cers that  are  doing  the  same  work  over  and  over  again.  For  in- 
stance, consider  the  judiciary  department,  including  the  county 
courts  and  city  courts,  the  village  magistrates'  courts  and  the  jus- 
tices of  peace  of  the  towns.  They  are  all  paid  at  public  expense 
either  by  salaries  or  fees.  As  I  was  surveying  this  governmental 
department,  it  seemed  to  me,  without  going  into  a  minute  calcula- 

25 


tion  of  the  amount  paid  to  these  officers,  that  we  could  combine 
the  county  court  with  the  supreme  court,  which  operates  in  the 
county  both  as  a  court  of  original  jurisdiction  and  as  a  court  of 
appeal  from  the  lower  municipal  courts.  This  court,  without  extra 
organism,  could  do  the  work  of  the  county  court.  Then  we  could 
set  up  a  circuit  court  of  inferior  jurisdiction,  to  sit  continually 
about  the  county,  whose  judges  should  be  trained  members  of  the 
bar.  They  would  handle  ably  the  cases  now  brought  before  the 
local  justices  of  the  peace,  who  are  notoriously  not  lawyers,  and 
usualy  versed  only  in  the  amount  of  fees  that  they  may  charge.  I 
wondered  how  much  that  would  cost  as  compared  with  the  present 
system. 

I  wondered  how  much  it  would  cost  to  centralize  the  collection 
of  taxes  after  the  manner  depicted  here  to-night,  instead  of  leaving 
it  in  the  hands  of  the  220  or  more  collectors  whom  I  found  to  exist 
officially  in  Westchester  County. 

I  wondered  how  much  it  would  cost  to  combine  the  admin- 
istration of  the  poor  law  with  the  administration  of  the  penal  duties 
of  the  sheriff's  department,  and  to  give  efficient  administration  to 
both  in  the  hands  of  a  county  commissioner  of  charities  and  cor- 
rection, who  should  have  power  to  control  poor  relief  (instead  of 
serve  some  two  or  three  hundred  officers  commissioned  at  present 
to  commit  poor  to  the  almshouse)  and  to  exercise  scientific 
penology. 

These  and  many  similar  questions  as  to  the  wastefulness  of 
the  present  system  came  up  for  our  consideration,  so  our  Bureau, 
the  Westchester  County  Research  Bureau,  said  that  it  would  be  a 
good  plan  to  investigate  these  questions.  The  local  Chamber  of 
Commerce  approved,  and  its  president,  Mr.  Henry  R.  Barrett,  said 
he  would  like  to  know  himself,  both  what  the  present  system  costs 
and  what  a  centralized  system  would  cost. 

Our  county  budget  was  at  that  time,  with  the  state  tax  added 
to  it,  about  a  million  and  a  quarter  dollars  a  year,  and  there  was 
to  be  added  to  that  the  cost  of  the  local  villages,  the  townships,  the 
school  districts,  and  the  various  taxes  of  the  districts  for  water 
supply,  lighting,  drainage,  etc.  After  we  had  made  the  calculation, 
I  asked  Mr.  Barrett  to  estimate  about  what  he  thought  the  twenty- 
three  villages,  whose  budgets  ran  from  $15,000  a  year  up,  the  nine- 
teen townships  and  twenty-three  villages  and  one  hundred  and 
twenty-three  school  districts  of  the  county  government  would  cost. 
We  had  examined  the  records  that  were  available,  which  were  in 
pretty  bad  shape,  some  of  them.  Municipal  bookkeeping  in  rural 
localities  in  New  York  State  is  very  bad.    But  we  managed  to  get 

26 


a  fairly  accurate  estimate,  a  fairly  accurate  calculation  of  what  it  all 
cost,  the  annual  aggregate  of  all  of  the  different  municipalities  in 
Westchester  County.  Mr.  Barrett  said  he  would  judge  that  it  ran 
up  to  from  five  to  eight  millions  of  dollars. 

I  said  that  is  a  very  good  guess.  I  then  asked  the  Chairman 
of  the  Board  of  Supervisors  what  he  thought,  and  he  said,  possibly 
from  three  to  six  millions  of  dollars.  That  was  his  guess.  I  said, 
"You  are  guessing  very  well."  Then  he  asked,  "How  much  does  it 
cost?"  and  I  answered,  "Twelve  million  six  hundred  thousand  dol- 
lars." 

I  made  the  statement  two  years  ago  in  a  conference  of  this 
association  that  Westchester  County  could  be  administered  for  one- 
half  of  what  it  costs,  including  all  the  municipalities  that  we  have 
mentioned.  I  do  not  remember  the  exact  figures  of  those  calcula- 
tions, but  we  could  supply  those  inferior  circuit  courts  that  I  have 
mentioned,  in  Westchester  County,  for  about  $35,000.  But  under 
the  present  system  we  pay  our  seventy-six  justices  of  the  peace 
and  our  twenty-three  village  magistrates  and  whatever  other  local 
justices  there  are  over  $72,000.    It  would  be  35  as  against  72. 

We  found  that  the  collection  of  taxes  under  the  system  outlined 
could  be  handled  in  Westchester  County  for  less  than  $40,000.  We 
paid  for  the  collection  of  taxes  before  this  new  tax  law  was  adopted 
from  $175,000  to  $250,000  a  year,  and  so  on  it  goes  through  the 
various  departments.  Our  new  tax  law,  if  the  courts  had  not  de- 
clared the  village  part  of  it  unconstitutional,  would  have  saved  us 
from  $50,000  to  $150,000  a  year.  It  provided  that  a  single  tax  col- 
lector for  each  township  should  handle  all  the  taxes.  But  the  de- 
cision of  Judge  Seabury  of  the  Court  of  Appeals,  has  cut  out  the 
village  collections.  Consequently  we  have  to  go  on  electing  twenty- 
three  village  receivers  and  pay  them.  And  that  adds  to  the  ex- 
pense. Still  the  new  act  saves  perhaps  $50,000  a  year.  It  is  esti- 
mated roughly  that  it  does  that  even  with  the  provisions  annulled 
as  to  villages. 

The  facts  give  an  illustration  of  what  can  be  saved  in  actual 
money.  And  in  figuring  out  the  total  cost  of  the  county  as  near  as 
we  could  estimate,  we  decided  that  the  government  could  be  handled 
ably  for  $7,000,000  at  the  outside. 

Now  if  you  put  it  under  the  simplified  system  and  the  small 
board  of  supervisors  as  suggested  by  Mr.  Childs,  and  with  a  mana- 
ger who  can  handle  the  whole  project  as  a  corporation  manager 
in  a  business  corporation  would,  you  might  simplify  it  even  further 
than  that.  You  must  first  get  out  of  the  way  this  bugaboo  of  the 
necessity  of  having  home  rule  in  every  little  detail.     I  believe  in 

27 


home  rule,  but  you  can  easily  carry  that  too  far.  You  can  carry 
it  to  such  an  extent  that  it  becomes  a  stumbling  block  and  is  right 
in  the  way  when  you  want  any  big  improvement.  There  are  many 
things  the  state  can  do  for  us  better  than  we  can  do  ourselves. 

Mr.  Childs :  I  would  like  to  ask  Mr.  Saxe  if  the  commission 
looks  ahead  beyond  the  constitutional  amendment.  What  machin- 
ery will  you  set  up  in  the  county  or  in  the  new  districts  to  handle 
this?     Who  will  have  the  power  to  carry  it  out? 

Mr.  Saxe :  In  answer  to  that  question,  Mr.  Childs,  I  will  say 
that  we  have  worked  out  no  final  machinery  to  be  adopted,  for  this 
reason:  It  will  take  at  least  three  years  before  the  constitutional 
tax  article  can  become  effective.  It  has  to  go  through  two  new 
senates.  Of  course  it  will  strike  one  this  year,  and  then  it  will  have 
to  wait  a  year,  skip  a  year,  and  strike  a  new  senate,  and  be  adopted 
by  the  legislature  before  it  can  go  to  the  people.  So  there  is  plenty 
of  time  to  devise  methods. 

We  would  suggest,  however,  a  small  board  of  assessors  for  the 
county,  with  deputies  for  the  towns,  men  who  would  be  paid 
enough  so  that  they  could  devote  their  entire  time  to  the  work,  and 
do  nothing  else.  Or  else  you  could  have  a  county  supervisor  of 
assessors,  with  power  over  assessors,  and  have  them  appointed,  too, 
in  the  smaller  municipalities  of  the  county.  There  are  various  plans, 
as  we  find  from  a  study  of  those  in  operation  in  the  western  states 
where  they  have  made  considerable  advance. 

In  the  State  of  Wisconsin,  and  this  is  very  interesting,  where 
they  have  the  same  home  rule  provision  in  their  constitution  as  we 
have,  copied  verbatim  out  of  our  constitution,  their  highest  court, 
corresponding  to  our  court  of  appeals,  held  that  the  home  rule  pro- 
vision did  not  mean  what  the  court  of  appeals  of  this  state  says  it 
meant,  according  to  the  opinion  of  Judge  Vann  in  the  Metropolitan 
Street  Railway  case,  which  was  the  basis  of  Judge  Seabury's  opin- 
ion in  the  Westchester  County  case,  and  the  judge  of  special  term 
in  the  Nassau  County  case.  They  held  that  the  home  rule  princi- 
ple did  not  go  as  far  as  that,  or  mean  what  Judge  Vann  says  it 
means.  Personally,  I  am  of  the  opinion  that  Judge  Vann  is  right. 
I  think  that  is  very  sound  law.  Being  a  lawyer  I  suppose  I  have 
the  lawyer's  undue  respect  for  the  decision  of  the  court  of  appeals, 
because  we  cannot  do  anything  more  than  cuss  it  when  we  don't 
agree  with  it.  And  therefore  there  is  nothing  for  us  to  do  but  to 
try  through  a  constitutional  amendment.  Out  there  in  Wisconsin 
the  way  they  got  control  over  the  local  assessors  is  very  interesting. 
Although  they  held  under  their  constitution  that  they  could  take 

28 


away  their  powers  and  they  could  elect  them,  or  do  anything  they 
wanted  to  about  it,  local  sentiment  was  such  that  they  did  not 
dare  to  interfere  with  it.  It  is  one  thing  to  have  a  consitutional 
provision,  but  something  that  is  a  good  deal  stronger  than  that 
is  the  sentiment  of  the  community,  because  after  all  it  is  sentiment 
that  makes  our  laws.  The  written  law  is  merely  a  concrete  ex- 
pression of  what  the  community  wants  and  believes.  So  it  is  the 
sentiment  of  the  people,  after  all,  that  is  the  strongest  anchor 
that  we  have. 

Now  the  way  they  got  around  this  local  sentiment  was  very 
interesting.  They  wanted  to  get  control  over  these  local  assessors, 
so  as  to  see  to  it  that  they  assessed  properly  at  full  market  value. 
It  came  about  in  this  way :  It  seems  they  wanted  an  income  tax 
in  Wisconsin,  and  they  had  a  very  able  tax  commissioner  at  the  head 
of  the  state  department.  He  advocated  the  income  tax.  That  was 
adopted.  Then  he  had  to  have  machinery  to  put  it  into  operation, 
so  he  got  what  he  called  a  county  supervisor  of  incomes.  A 
county  officer  whose  business  it  was  to  inquire  into  the  incomes 
of  the  citizens  of  the  state.  Now,  in  order  to  know  anything  about 
the  incomes,  he  had  to  get  information  with  respect  to  the  value 
of  property  in  the  county,  and  in  order  to  have  assistance  they 
made  the  assessors  subordinate  officers  of  the  county  supervisor  of 
incomes.  In  that  way  they  got  control  over  the  assessors  before 
they  knew  it,  and  they  then  provided  that  the  assessor  could  be  re- 
moved if  he  did  not  obey  the  law  or  the  order  of  the  commission. 

When  your  town  assessors  know  that  there  is  some  power 
over  them,  they  are  perfectly  willing  to  do  their  duty.  Of  course 
now,  when  the  local  assessor  in  this  state  knows  that  he  is  made 
to  listen  to  his  town  supervisor,  who  says  that  he  cannot  be  elected 
if  he  assesses  full  value — and  the  supervisor  generally  knows 
whether  he  can  be  nominated — he  is  going  to  listen  a  little  more 
to  the  supervisor.  And  when  it  comes  to  the  removal  of  your  town 
assessor  in  this  state  you  have  got  a  very  different  proposition. 
He  is  a  constitutional  officer  and  you  have  got  to  go  to  the  appellate 
division  of  the  supreme  court  and  make  out  a  most  horrible  case  to 
have  a  town  assessor  removed,  and  so  they  are  not  removed.  Some- 
times they  give  up  in  disgust  and  sometimes  they  hang  on,  but 
we  have  got  a  condition  that  is  fast  becoming  intolerable  because 
of  the  quandary  in  which  the  local  assessor  is  placed  through  his 
own  inherent  situation.  Take  the  property  of  public  service  cor- 
porations, railroads,  telephone  companies,  public  utilities  of  any 
sort.  When  their  properties  are  situated  on  the  highway  or  cross 
the  highways  they  are  assessed  by  the  state  tax  commission,  and 

29 


we  have  a  Bureau  composed  of  expert  engineers  who  go  out  and 
value  those  properties.  Before  I  became  president  of  the  commis- 
sion I  had  somthing  to  do  with  working  out  a  rule  for  measuring 
the  value  of  special  franchise  property;  as  referee  of  the  old  Brook- 
lyn City  Railway  case  I  laid  down  the  first  rule  which  was  adopted 
by  the  courts  and  became  a  law  for  the  measuring  of  franchises 
of  public  utilities,  but  I  did  not  know  anything  about  their  tangible 
values.  I  am  not  an  engineer.  I  could  not  go  out  and  make  a 
valuation  of  their  property,  and  yet  with  respect  to  their  property 
that  is  not  situated  on  the  highway  or  on  the  street  or  public  waters, 
the  local  assessors  have  got  to  value  it.  Now  how  can  the  local 
assessor  do  it.  He  cannot  do  it.  Under  the  law  he  has  got  to 
furnish  our  commission  with  information  with  respect  to  that 
property,  both  in  and  out  of  the  highway,  so  that  we  can  test  the 
reports  that  are  made  by  the  corporations.  The  assessors  throw  up 
their  hands.    Of  course  they  cannot  give  us  that  information. 

What  is  the  use  of  having  a  legislature  grinding  out  laws  tell- 
ing them  to  do  this  and  do  that,  when  you  haven't  got  the  men  in 
the  first  place?  That  is  what  makes  our  government  inefficient. 
Why  we  are  amazed  at  the  efficiency  of  Germany.  I  pointed  out  at 
the  last  state  tax  conference  that  when  Germany  was  about  to 
go  to  war  the  Prussian  Government  desired  to  ascertain  how  much 
agricultural  products  could  be  counted  on  in  Prussia  to  sustain 
the  people  for  a  certain  time,  and  they  went  over  and  asked  the 
Prussian  tax  department  which  told  them  within  a  short  time  how 
much  every  acre  in  Prussia  could  produce  and  what  it  was  produc- 
ing. That  is  the  efficiency  of  the  German  Government.  That  is 
the  kind  of  thing  we  have  got  to  contend  with  some  day  if  these 
powers  in  Europe  go  on  developing  as  they  have.  Now,  how  are 
we  going  to  do  it.  By  clinging  to  these  antiquated  notions?  We 
have  got  to  wake  up.  We  have  got  to  get  down  to  business  all 
along  the  line. 

(END  OF  DISCUSSION.) 

Chairman  Stilwell :  I  will  repeat  the  announcement  before  you 
go,  that  the  conference  will  reopen  in  this  room  tomorrow  morning 
at  9:30. 

The  conference  was  then  adjourned  until  Friday  morning. 


SECOND  SESSION 
Friday  Morning,  December  15,  1916 

ALBERT  ECKEL,  Chairman. 

[The  second  session  of  the  conference  was  opened  in  the  South  Gallery 
of  the  Onondaga  Hotel.  The  chairman  of  this  session  was  Albert  Eckel,  former 
supervisor  of  Onondaga  County,  and  vice-president  of  the  County  Government 
Association  for  Onandaga  County.     Mr.  Eckel  said:] 

For  the  convenience  of  our  speakers,  some  of  whom  come  from 
a  long  distance  at  great  personal  inconvenience  and  expense,  we 
have  altered  slightly  the  order  of  events  on  our  printed  program. 
The  first  address  will  be  the  paper,  "County  Control  of  Roads  under 
State  Supervision,"  by  Mr.  Benjamin  Rice,  Deputy  Commissioner 
of  Highways  of  the  State  of  New  York,  I  have  great  pleasure  in 
introducing  Mr.  Rice. 

MR.  BENJAMIN  RICE 

Mr.  Chairman  and  Gentlemen :  I  feel  that  Commis- 
sioner Duffy  owes  you  an  apology  for  sending  me  here  to  try  to  fill 
his  place,  but  owing  to  business  in  connection  with  highways  he  is 
detained  in  New  York.  I  was  on  my  way  from  Albany  to  Bing- 
hamton  yesterday  afternoon  when  I  received  a  dispatch  from  the 
commissioner  that  he  wished  me  to  attend  the  meeting  at  Syracuse 
this  morning.  I  immediately  took  the  D.,  L.  &  W.  for  Syracuse, 
not  knowing  what  was  coming  off  or  what  was  expected.  And  up 
to  this  time  I  did  not  even  know  the  subject  I  was  to  talk  upon. 
Fortunately,  he  has  forwarded  his  paper  on  to  me. 

Four  Classes  of  Highways 

I  see  you  mention  "county  roads."  I  think  perhaps  it  might 
be  well  to  have  an  understanding  as  to  the  different  types  of  high- 
ways or  classes  of  highways  in  the  state,  because  in  talking  with 
your  secretary  this  morning  he  mentioned  one  kind  of  road  while 
I  was  talking  of  another,  and  I  was  not  just  sure  whether  he  meant 
what  he  said,  or  whether  he  didn't  know  the  difference.  (Laughter.) 
Under  the  highway  law  we  have  four  classes  of  highways.  "State 
highways"  are  paid  for  entirely  by  the  state,  "County  highways" 
are  paid  for  by  the  state  and  the  county  together.  "County  roads" 
are  roads  that  are  built  under  a  special  act  and  can  only  be  built  in 
counties  adjoining  cities  of  either  the  first  class  or  the  second 
class.     That  act  was  passed  a  few  years  ago.     It  provides  that 

31 


such  counties  are  to  receive  50  per  cent,  from  the  state  for  main- 
tenance. There  are  only  seven  counties  in  the  state  that  can  build 
what  is  known  as  "County  roads,"  viz :  Nassau,  Westchester,  Rock- 
land, adjoining  the  city  of  New  York ;  Onondaga,  Erie  and  Monroe, 
each  containing  a  city  of  the  first  class,  and  Franklin  County. 
The  fourth  class  is  what  is  known  as  the  "Borough"  or  "Town 
highways."  This  class  constitutes  my  own  department.  But  my 
connection  with  the  construction  and  maintenance  is  such  that  I 
know  very  little  perhaps  in  regard  to  that  end  of  the  game.  But 
that  outlines  our  four  kinds  of  highways  as  recognized  by  the  law. 
And  now  I  wish  to  read  the  commissioner's  paper.  If  there  is  any 
question  raised  that  you  would  like  to  ask  about,  I  would  be  pleased 
to  answer,  if  I  can. 

ADDRESS 

"COUNTY  ADMINISTRATION  OF  HIGHWAYS  UNDER 

STATE  CONTROL" 

EDWIN  DUFFEY,  New  York  State  Commissioner  of  Highways 

At  the  outset  it  may  be  well  briefly  to  give  a  history  of  the 
highway  law  of  the  State.  Any  discussion  of  the  highway  law 
should  have  in  mind  that  one  part  of  the  law  has  reference  to  the 
building  of  the  so-called  system  of  state  and  county  highways ;  the 
other  part  has  reference  to  the  so-called  town  highways. 

Evolution  of  State  Highway  System 

Upwards  of  ten  years  ago  the  idea  of  building  a  state  system 
of  highways  took  form.  In  response  to  a  general  demand  for  such 
a  system,  the  necessary  steps  were  taken  for  the  raising  of  the 
fifty-million  bond  issue.  The  state  determined  at  that  time  upon 
the  building  of  a  great  system  of  state  highways.  The  highway 
laws  consisted  of  a  great  mass  of  separate,  ofttimes  inconsistent, 
statutes,  nearly  all  of  which  had  reference  to  the  ordinary  town 
or  dirt  roads  of  the  state.  No  system  of  state  building  could  be 
indulged  in  without  a  general  revision  of  existing  statutes  and 
the  addition  of  many  provisions  which  would  create  the  machinery 
for  such  construction.  As  a  consequence,  what  might  be  called 
the  present  highway  law  was  then  created,  and  that  law  has 
remained  the  same,  with  minor  changes  and  additions,  until  the 
present  time.  The  law  was  drafted  by  a  commission,  of  which 
former  Commissioner  Hooker  was  a  member,  and  was  the  result 
of  upwards  of  a  year's  continuous  study  of  the  subject. 

32 


10,000  Miles  for  $100,000,000 

When  the  state  system  was  first  proposed,  the  idea  was  to 
build  under  state  control  an  improved  system,  the  total  mileage 
of  which  would  be  something  over  ten  thousand  miles,  and  all  of 
which  were  to  be  built  under  a  plan  by  which  the  state  paid  speci- 
hcally  one-half  of  the  cost,  the  county  one-third,  and  the  township 
the  remainder. 

It  was  thought  that  the  first  fifty  million  would  complete  this 
proposed  system.  The  new  highway  law  took  effect  in  January, 
1909,  and  at  that  time  the  first  fifty  million  was  available  for  use. 
At  a  later  time,  because  of  the  fact  that  the  highways  being  built 
were  scattered  generally  throughout  the  state  and  were  not,  with 
rapidity  at  least,  making  any  kind  of  a  connected  system,  it  was 
determined  that  trunk  lines  should  be  created  by  law,  which  should 
cover  in  a  connected  way  all  the  important  sections  of  the  state. 
These  were  called  state  highways  and  were  to  be  constructed 
wholly  at  state  expense. 

The  whole  of  the  second  fifty  millions,  by  express  provision 
of  law,  was  to  be  expended  twenty  million  for  the  completion  of 
the  state  routes  and  thirty  million  for  the  building  of  county 
highways.  It  should  be  borne  in  mind  in  considering  the  subject 
of  the  state  system  of  highways  that,  on  the  one  hand,  the  state 
pays  the  entire  cost  of  the  trunk  lines  and  continues  to  complete 
at  joint  cost  to  state  and  county  the  county  system  of  highways 
originally  laid  out;  the  division  of  cost  of  which,  however,  is  now 
paid  by  the  state  and  the  county  instead  of  the  county,  state  and 
town. 

All  Under  State  Control 

A  considerable  portion  of  the  highway  law  provides  the  ma- 
chinery for  the  construction  of  and  payment  for  such  roads.  It 
is  not  necessary  to  set  forth  anything  pertaining  to  this  machinery 
here,  save  briefly  to  allude  to  the  fact  that  in  the  case  of  county 
highways  the  initiative  is  taken  by  the  county  in  petitioning  for 
the  construction  of  such  highways.  After  the  preparation  and 
approval  of  plans  therefor  by  the  state  commission,  the  county  in 
due  time  is  called  upon  to  appropriate  its  share  of  the  cost.  Speak- 
ing generally,  the  whole  subject  of  the  building  of  state  and  county 
highways  is  a  state  function,  all  the  work  being  under  state  con- 
trol. Even  the  system  of  county  highways,  which,  in  the  first 
instance,  is  laid  down  and  prescribed  by  the  county,  must  be  ap- 

33 


proved  by  the  state  commission.  It  may  be  interesting  to  say 
in  this  connection  that  the  state  department  at  the  present  time 
is  making  a  determined  effort  to  complete  those  portions  of  the 
state  highways  which  will  complete  a  connected  system,  and  is 
working  with  the  counties  so  as  to  get  their  systems  determined 
upon  and  built  in  such  a  way  as  to  supplement  the  state  system. 

The  difficulty  lies  in  the  fact  that  the  moneys  for  state  high- 
ways are  insufficient  in  nearly  all  the  cases  to  complete  the  state 
highways  laid  out,  and  this  same  situation  exists  with  respect  to 
the  county  highway  money.  The  desire  for  improved  roads 
throughout  the  state  is  at  the  present  time  so  great  that  one 
would  be  rash  to  predict  what  the  people  of  the  state  will  do 
hereafter  toward  further  building  of  such  a  system  when  the 
second  bond  issue  money  is  exhausted.  When  this  event  happens, 
there  will  be  many  portions  of  state  highways  and  a  considerable 
section  of  county  highways  unprovided  for. 

It  is  the  belief  of  the  department  that  with  the  addition  of 
the  so-called  Federal  aid  roads,  properly  located  with  due  regard 
to  the  existing  system,  the  state  will  have  a  very  complete,  con- 
nected and  comprehensive  system  of  highways,  even  though  all 
the  mileage  originally  contemplated  will  not  be  built. 

The  State  Pays  for  Maintenance 

This,  then,  is  the  so-called  system  of  state  highways  of  the 
State  of  New  York.  The  highway  law  provides  that  the  state 
shall  pay  the  entire  maintenance  cost  of  both  state  and  county 
highways.  Assuming  that  this  continues  to  be  the  policy  of  the 
state,  we  will  find  ourselves  in  due  time  with  our  construction 
money  spent  and  the  system  above  outlined  as  near  as  possible 
completed,  and  this  function  of  state  activity,  namely,  the  con- 
struction of  highways,  at  an  end.  A  continuation  of  the  present 
policy  of  the  state  will  require  it  to  maintain  the  system  as  built, 
but  this  will  be  wholly  a  state  function. 

It  has  been  suggested  that  the  maintenance  be  turned  over  to 
county  authorities.  In  my  opinion,  any  such  plan  would  be  a  step 
backward  and  in  all  ways  unwise.  When  the  present  available 
moneys  are  exhausted,  the  state  will  have  invested  nearly  one 
hundred  and  twenty-five  million  in  its  roads,  and  it  will  always 
be  of  the  highest  interest  to  it  that  this  system  be  kept  uniformly 
in  good  repair,  and  in  no  way  be  subject  to  county  determination, 
which  would  inevitably  lead  to  satisfactory  maintenance  in  one 
county,  and,  for  various  reasons,  economic  included,  would  lead 
from  time  to  time  to  just  the  reverse  in  other  counties. 

84 


70,000  Miles  of  Town  Highways  Under  State  Control 

In  the  case  of  the  town  highways,  we  have  something  over 
seventy  thousand  miles.  The  relation  of  the  state  and  locaHty 
in  these  roads  is  wholly  different.  As  to  the  state,  its  attitude  is 
founded  upon  an  entirely  different  principle.  Prior  to  the  enact- 
ment of  the  present  law,  the  old  labor  system  was  generally  in 
vogue.  Under  the  present  statute,  this  has  been  superseded  by 
the  money  system.  It  is  the  theory  of  the  statute  that  in  the  first 
instance  the  town  shall,  with  moneys  duly  raised,  care  for  its  town 
highways.  The  town  takes  the  initiative.  The  state  does  not 
expend  the  money,  but  by  reason  of  its  policy  contributes  to  the 
maintenance  of  such  highways  (in  1916  the  state's  contribution 
was  about  two  million).  Complete  powers  of  supervision  and  audit 
are  imposed  upon  the  state  over  the  town  expenditures,  which,  of 
course,  include  the  moneys  raised  by  the  town  and  the  state's 
share. 

Extensive  and  adequate  provisions  are  contained  in  the  law 
for  the  maintenance  of  these  highways  in  the  nine  hundred  towns 
of  the  state.  Provision  is  made  for  visitation  and  the  department 
provides  district  supervisors  to  the  number  of  nine,  whose  duty  it 
is  in  all  ways  to  watch  out  the  proposed  activities  of  the  towns  as 
to  this  maintenance.  The  department  approves  in  advance  the 
details  for  proposed  expenditures,  and  after  expenditure  provides 
for  audit.  This  part  of  our  work  is  most  actively  carried  on  and 
the  system  has  proved  satisfactory. 

Save  in  minor  details,  the  provisions  of  the  law  seem  adequate 
and  its  practical  working  out  is  gratifying  in  a  high  degree.  Occa- 
sionally a  disposition  has  been  shown  in  counties  to  find  fault  with 
the  uniform  accounting  system,  but  I  am  glad  to  say  that  in  the 
every  day  working  out  of  this  statute  it  has  found  a  cheerful  com- 
pliance on  the  part  of  the  towns  generally. 

Cooperation  Between  State  and  Municipalities 

As  the  result  of  the  harmony  of  action  thus  encountered,  a 
most  surprising  amount  of  permanent  improvement  has  resulted. 
Thousands  of  permanent  culverts  and  hundreds  of  substantial 
bridges  have  been  built.  In  the  latter  case,  the  law  provides  that 
the  plans  shall  be  submitted  and  approved  by  the  department.  In 
many  cases  the  bridge  department,  at  the  request  of  towns,  has 
prepared  complete  specifications  for  bridges  for  these  municipalities. 

In  particular,  during  the  last  two  years,  progress  in  permanent 
building  has  been  most  encouraging.       In  1915  the  townships  built 

36 


over  four  hundred  miles  of  macadam  roads  and  five  hundred  of 
gravel.  All  told,  up  to  this  time,  the  towns  have  put  in  something 
like  four  thousand  miles  of  macadam  and  nearly  six  thousand  miles 
of  gravel  highways.  There  is  no  doubt  but  that  they  have  been 
encouraged  to  this  by  the  liberal  appropriations  made  by  the  state. 

My  experience  is  that  the  towns  generally  throughout  the 
state,  when  proposing  to  spend  money  upon  the  care  of  their  high- 
ways, welcome  the  advice  of  the  state  department,  and  in  innumer- 
able cases  ask  for  it.  In  doing  this  they  inquire  as  to  the  inten- 
tions of  the  state  regarding  the  state  and  county  highways,  and 
frequently  plan  their  progress  to  supplement  such  system.  This 
co-operative  feeling  is  being  encouraged  by  the  department. 

Roads  are  needed  for  commercial  purposes  everywhere.  There 
is  no  longer  any  doubt  anywhere  in  the  state  as  to  their  value. 
I  may  safely  say  now  there  is  a  most  satisfactory  co-operation  be- 
tween the  state,  the  county  and  the  town  in  the  execution  of  the 
requirements  of  the  state  highway  law. 

As  I  have  in  eflFect  heretofore  stated,  its  provisions  throughout 
are  extensive  and  comprehensive,  and  as  far  as  the  town  highway 
part  is  concerned,  it  seems  in  the  main  to  provide  a  working  body 
of  law  satisfactory  on  the  one  hand  to  the  state  and  seemingly 
entirely  so  to  the  town. 

Having  in  mind  the  fact  that  the  work  of  your  Association 
has  reference  almost  wholly  to  the  relation  between  the  state,  the 
county  and  the  town,  with  particular  reference  as  well  to  the  state 
supervision,  control  and  audit,  and  having  in  mind  that  the  portion 
of  the  law  relating  to  town  highways  is  that  part  which  would 
appear  to  be  of  the  greatest  interest  to  your  body,  I  have  asked 
Mr.  B.  J.  Rice,  Deputy  in  charge  of  Town  Highway  Bureau,  to 
attend  your  meeting  and  discuss  with  you  in  detail,  if  you  so 
desire,  any  feature  of  this  branch  of  the  highway  law. 

DISCUSSION 

Mr.  Cartwright :  It  is  clear,  from  the  Commissioner's  pa- 
per that  state  control  makes  one  continuous  system  of  the  whole 
thing.  I  want  to  call  attention  to  this  point  particularly.  We 
who  are  so  jealous  of  our  rights  in  the  good  old  Saxon  home 
rule,  so  jealous  of  transferring  some  our  our  home  powers  into 
centralized  offices,  are  afraid  we  will  get  worsted  if  we  do  it, 
and  whenever  we  have  to  do  it,  we  protest  against  invasion  of 
our  constitutional  rights!  But  the  state  highway  department 
very  efficiently  illustrates  that  in  such  centralization  we  get  the 

86 


best  of  it  every  time.  There  is  of  course  the  exception  that  in  the 
beginning  of  the  system  there  is  some  chance  for  loose  operation, 
and  in  letting  contracts  some  money  may  be  wasted.  When  that 
also  is  finally  under  centralized  control,  operating  in  full  publicity, 
this  feature  disappears.  There  must  always  be  full  adequate  pub- 
licity. 

Mr.  Rice :  The  Commissioner  touches  upon  the  government 
aid.  It  is  his  policy  to  use  that  government  aid  for  conecting  links 
in  counties,  whether  it  be  county  highways  or  state  highways. 
That  is  left  to  his  judgment. 

Mr.  Cartwright :  Do  you  find  that  where  the  two  systems 
compare,  that  is  highways  built  under  the  old  system,  and  highways 
built  since  this  centralized  highway  scheme  has  been  in  effect,  the 
latter  plan  gets  better  roads  ? 

Mr.  Rice :  You  have  in  Westchester  County  a  fair  sample  of 
what  is  done  under  the  Bureau  of  Highways,  And  that  is  true 
generally. 

Dr.  Hastings  H.  Hart:  We  have  arrived  at  permanency  in 
bridge  building.  But  what  is  to  be  the  permanent  road,  the  road 
that  will  stand? 

Mr.  Rice :  I  am  obliged  to  repeat  that  I  do  not  represent  the 
•construction  end,  and  I  would  be  rather  slow  to  answer  that  ques- 
tion. I  do  not  know  as  you  have  any  type  of  roads,  regardless  of 
whether  it  is  brick  or  what  it  is,  that  is  good  for  all  time  to  come, 
without  any  maintenance. 

Mr.  Richard  S.  Childs :  I  would  like  to  hear  a  brief  descrip- 
tion of  the  work  of  the  county  superintendent  of  highways  as 
things  are  now  arranged.  Just  what  does  he  have  to  do?  I  have 
heard  the  statement  made  that  he  is  unnecessary. 

Mr.  Rice  :  In  my  judgment  the  county  superintendent  of  high- 
ways is  a  very  valuable  addition  to  your  county  government.  The 
county  superintendents  throughout  the  state  are  a  pretty  solid, 
hard-headed  lot  of  fellows  with  good  judgment.  In  the  first  place, 
they  have  the  power  of  approval  of  the  plans  for  state  and  county 
highways,  and  before  they  are  finally  accepted  they  must  be  ap- 
proved by  or  accepted  by  the  county  superintendent.  That  gives 
the  county  a  representative  on  the  construction  end  of  the  state 
and  county  highways.  Then  the  county  superintendent's  duties 
are  to  advise  with  the  town  boards,  or  town  superintendents,  assist 
them  in  any  such  work  as  they  may  ask  for  in  connection  with 
bridges,  highways,  and  any  matters  of  that  kind.  I  was  a  county 
superintendent  for  six  years,  and  naturally  I  feel  pretty  friendly 

37 


towards  them.  Throughout  the  State  of  New  York,  in  such  coun- 
ties as  Westchester,  Monroe,  Onondaga,  Erie,  Albany,  and  all  such 
counties  as  that,  it  would  be  almost  impossible  to  get  along  with- 
out them.  That  is  my  judgment.  Of  course,  perhaps  some  of  you 
diflfer  from  that  opinion. 

Mr.  Palmerton :  In  your  judgment,  what  would  be  the  result 
if  the  town  superintendent  was  appointed  by  the  town  board?  Do 
you  think  the  town  board  would  select  a  better  public  servant 
than  the  people  themselves? 

Mr.  Rice :  I  think  that  in  the  majority  of  cases  it  would  so 
work  out. 

Mr.  Palmerton:  Is  there  any  effort  on  the  part  of  the  high- 
way commission  to  have  certain  requirements,  we  will  say  certain 
rudimentary  engineering  requirements  as  prerequisite  qualifica- 
tions for  the  office  of  town  superintendent? 

Mr.  Rice :     I  think  not  under  the  statute. 

Mr.  Palmerton:  I  know  the  statute  does  not  make  provision 
for  it. 

Mr.  Rice :  I  do  not  think  the  commissioner  has  ever  reached 
that  point.  It  is  an  elective  office  and  it  would  be  pretty  hard 
for  him  to  bring  that  up. 

Mr.  Palmerton:  Wouldn't  it  be  well  for  the  county  superin- 
tendent to  appoint  the  patrolmen  that  are  placed  on  our  roads  and 
highways  to  maintain  them? 

Mr.  Rice :  It  might  be.  I  do  not  know.  At  the  present  time, 
the  state  commissioner  of  highways  appoints  all  patrolmen. 

Mr.  Palmerton :  Such  men  are  not  nominated,  however, 
through  the  county  superintendent. 

Mr.  Rice :    No,  the  appointments  are  handled  in  the  usual  way. 

Mr.  Palmerton  Is  there  any  possible  way  of  getting  rid  of  a 
town  superintendent  when  he  shows  he  is  not  efficient? 

Mr.  Rice :  Charges  can  be  preferred  against  him.  We  tried, 
I  think,  last  winter  when  we  were  endeavoring  to  give  the  office  a 
four-year  term,  to  make  him  removable  by  the  commission  in  some 
way,  but  it  was  hard  to  do  anything  with  the  legislature.  They 
were  afraid  to  touch  it. 

If  there  is  nothing  more,  I  wish  to  take  this  occasion  to  thank 
you  for  your  attention,  and  also  for  the  kindness  of  the  chairman 
in  calling  on  me  early.  I  must  say  good-bye  to  you  and  be  on  my 
way  to  catch  the  train  for  Binghamton, 

(END    OF    DISCUSSION) 


Chairman  Eckel :  Our  next  speaker  is  Mr.  Sheldon.  He  ap- 
parently considers  that  there  is  some  trouble  with  county  govern- 
ment, from  the  title  of  his  paper.  Perhaps  some  of  you  gentlemen 
believe  there  is ;  and  I  think  possibly  when  we  are  through  with 
this  paper  we  will  know  whether  there  is  any  trouble,  not  only 
WMth  this  county,  but  all  other  counties.  I  have  great  pleasure  in 
introducing  Mr.  L.  Grant  Sheldon. 

ADDRESS 
"WHAT  IS  THE  TROUBLE  WITH  COUNTY  GOVERNMENT?" 

L.  GRANT  SHELDON,  Former  Supervisor  of  Onondaga  County 
I  know  little  of  results  in  other  counties,  but  assume  that  they 
are  practically  the  same  wherever  there  are  like  conditions.  How- 
ever, having  served  during  the  years  1914  and  1915  as  a  Supervisor 
of  Onondaga  County  and,  therefore,  being  in  a  position  to  study 
the  system  at  close  range,  I  do  feel  qualified  from  experience  and 
observation  to  tell  you  some  of  our  local  troubles. 
What  is  the  trouble  with  County  Government? 

A  Subject  Much  in  the  Dark 

Most  of  our  intelligent  citizens  have  a  general,  vague  impres- 
sion that  something  is  wrong,  but  what  it  is  they  do  not  know  and 
have  no  means  of  knowing.  They  simply  know  results.  Very  few 
are  qualified  to  give  out  the  exact  facts  and  conditions,  as  these 
are  really  known  only  to  those  who  are  either  officeholders  or  in 
very  close  business  relations  with  the  administration.  The  latter 
class  do  not  care  to  make  revelations  for  financial  reasons ;  and 
the  former,  in  most  cases,  become  so  thoroughly  and  completely 
identified  with  the  system  that  they  do  not  care  to  criticize.  Any- 
one advocating  a  change,  or  finding  fault  with  conditions  as  they 
are,  is  always  open  to  the  charge  that  he  is  either  insincere  and 
looking  for  something  for  himself,  or  else  that  he  is  a  chronic 
kicker,  an  idealist,  or  a  fanatic,  and  this  reason  deters  many  from 
taking  a  public  stand  for  any  reform. 

In  the  time  allotted  me,  I  shall  be  unable  to  go  into  details 
or  touch  many  points  worthy  of  attention,  but  will  confine  myself 
to  facts  and  conditions  as  I  know  and  have  seen  them  as  to  the 
most  important  troubles. 

In  giving  these  I  want  it  clearly  understood  that  I  am  not 
criticizing  men,  except  as  they  are  the  creatures  and  product  of 
the  system  as  it  operates  here  and  which  I  believe  must  be  changed 
if  we  are  ever  to  have  good  government. 

39 


How  the  Board  of  Supervisors  Organizes 

The  board  of  supervisors  of  Onondaga  County  is  composed  of 
38  members,  one  being  elected  from  each  of  the  19  wards  of  the 
city  and  one  from  each  of  the  19  towns. 

The  Hfe  of  each  board  is  two  years.  Its  first  duty  is  to  or- 
ganize by  the  election  of  one  of  its  members  as  chairman.  The 
chairman  has  large  powers  and  influence,  if  he  has  the  abihty, 
courage  and  will  to  exert  them,  in  the  way  of  general  super- 
vision over  the  committees  and  their  methods  and  acts,  and  the 
very  best  material  in  the  board  should  be  selected  for  this  position, 
but  this  is  not  always  done.  Other  qualifications  are  often  deciding 
factors.  If  the  initial  mistake  is  made  of  not  selecting  a  chairman 
who  is  above  petty  partisanship,  who  is  able  and  feels  his  respon- 
sibility, then  the  whole  body  is  seriously  handicapped  by  his  exam- 
ple, if  by  nothing  else. 

It  is  the  chairman's  duty  to  appoint  the  several  committees 
who  have  direct  charge  of  the  monthly  audits  of  all  county  insti- 
tutions and  departments,  as  well  as  the  carrying  on  of  the  various 
enterprises  of  the  county.  This,  I  believe,  is  the  general  custom 
under  our  system  and  has  been  pronounced  a  necessary  and  legal 
way  for  the  board  to  transact  the  county's  business. 

Now  as  to  the  way  this  system  works  out. 

It  is  entirely  within  the  power  of  the  chairman  to  make  up 
these  committees,  politically  and  otherwise,  to  suit  himself,  regard- 
less of  character,  ability  or  fitness,  and  it  has  always  been  cus- 
tomary to  retain  re-elected  members  of  the  board  on  the  commit- 
tees on  which  they  have  previously  served,  promoting  them  to 
chairmanships  as  fast  as  possible,  providing  they  are  of  the  dom- 
inant political  faith.  This  custom  often  leads  to  unbusinesslike 
conditions. 

It  has  also  become  the  custom  to  leave  nearly  all  active  com- 
mittee work  to  the  chairman  of  each  committee.  This  is  true  of 
all  committees  with  very  few  exceptions.  The  associates  of  the 
chairman  merely  sign  their  names,  when  requested  by  him,  to 
audits,  reports  and  resolutions  when  they  have  absolutely  no 
knowledge  at  all  of  the  matter  thus  disposed  of. 

Committee  Audits  Farcical 

Audits  are  a  farce  under  this  method.  For  example,  bills  for 
supplies  for  county  institutions  running  into  thousands  of  dollars 
each  month  are  sent  to  the  clerk  of  the  board,  who  turns  them 

40 


over  to  the  purchasing  agent,  if  the  supplies  have  been  bought  on 
his  requisition,  for  his  ofificial  O.  K.  This  can  necessarily  mean  only 
a  comparison  between  the  bill  and  his  requisition  as  to  words  and 
figures.  They  are  then  turned  over  to  the  county  attorney  for  his 
O.  K.  as  to  legal  form  and  then  to  the  proper  committee  for  their 
audit  in  the  manner  I  have  stated.  These  bills  come  from  the  dif- 
ferent institutions  or  departments  usually  O.  K.'d  merely  by  the 
signing  of  someone's  initials.  I  understand  there  are  approximately 
15,000  bills  to  audit  annually  and  naturally  it  has  come  to  be  more 
or  less  a  formal  routine  and  nothing  else. 

These  reports,  resolutions  and  audits,  purporting  to  represent 
committee  action,  are  presented  by  the  chairman  of  each  committee 
to  the  whole  board  for  its  final  action,  and  it  often  happens  that 
affirmative  action  is  taken  when,  as  a  matter  of  fact,  practically 
only  one  man  on  the  whole  board  knows  exactly  what  he  is  doing. 

It  will  be  clearly  seen  that  an  unscrupulous  chairman  of  an 
important  committee  could  very  easily  commit  the  county  to  a 
wrong  or  very  unwise  line  of  action.  This  condition  is  hard  to 
remedy.  You  have  heard  of  "senatorial  courtesy."  Well,  we  have 
here  what  may  be  called  "supervisorial  courtesy"  and  it  is  carried 
to  the  limit.  According  to  this  custom,  it  is  deemed  discourteous 
to  question  or  ask  information,  while  in  public  session,  of  any 
member  offering  a  resolution  or  report,  and  unless  such  member 
sees  fit  to  explain,  which  he  very  seldom  does,  the  majority  of  the 
members  of  the  board  vote  in  the  dark,  relying  solely  on  their 
belief  that  it  represents  a  committee  action.  In  fact,  the  whole 
system  promotes  and  encourages  "frame-ups"  and  discourages  any 
discussion  in  open  session. 

The  board  meets  only  once  a  month  regularly  and  there  is 
necessarily  a  good  deal  of  business  to  be  transacted  at  each  meet- 
ing. The  regular  hour  of  meeting  is  2  p.  m.,  but  it  is  usually 
much  later  when  the  board  is  called  to  order.  The  country  mem- 
bers particularly  are  anxious  to  get  away  early  and  business  is 
often  rushed  through  without  due  consideration. 

Loose  Methods  in  Public  Business 

The  annual  budget  is  prepared  by  the  Ways  and  Means  Com- 
mittee in  this  way.  Estimates  are  prepared  by  the  heads  of  the 
several  institutions  and  departments  for  their  needs  for  the  ensuing 
year.  These  estimates  are  presented  to  the  chairman  of  the  com- 
mittee, who,  with  the  clerical  aid  of  the  county  attorney  and  clerk's 
office,  tabulates  them.    The  whole  committee  is  then  called  together 

41 


for  usually  the  only  meeting  of  the  year  and  goes  over  the  entire 
budget,  item  by  item.  Certain  items  are  fixed  charges  and  these 
are  prepared  by  the  county  attorney.  The  balance  of  the  budget, 
including  requests  for  increases  in  pay,  estimates  for  maintenance 
of  county  institutions  and  for  construction  and  repairs,  are  properly 
subjects  for  intelligent  discussion  and  good  business  judgment, 
but  an  agreement  is  usually  reached  in  one  evening,  either  by 
guess,  by  compromise,  or  on  a  general  principle,  carrying  out  a 
certain  policy,  or  by  all  three  of  the  above  methods  together. 

Such  action,  taken  in  haste,  without  positive  knowledge  of 
actual  conditions,  cannot  be  intelligent. 

A  practice  that  has  grown  up  through  carelessness  or  negli- 
gence is  that  of  receiving  and  auditing  bills  not  properly  verified, 
and  this  is  a  very  serious  condition,  leaving  the  door  wide  open 
to  forgery  and  graft. 

Another  bad  practice  is  that  of  the  assigning  of  claims  by 
original  claimants  to  officials  and  employees  of  the  county.  The 
excuse  for  this  is  that  many  small  claimants  cannot  wait  for  their 
money  until  the  regular  monthly  meeting  of  the  board ;  but  some 
other  way  should  be  devised  to  care  for  this  condition. 

The  action  of  the  committee  on  equalization  of  taxes  has  always 
been  controlled  by  country  members  representing  approximately 
one-third  of  the  voting  population  and  of  the  assessed  valuation 
of  the  county  and  has  been  severely  criticized.  A  new  method  of 
handling  this  matter  has  been  tried  this  year  and  the  results  are 
much  more  satisfactory. 

The  different  departments  of  our  county  government  are  not 
closely  co-ordinated  and  there  is  no  desire  on  the  part  of  officials 
generally  to  bridge  the  gaps  between  them  nor  to  assume  any 
responsibility  which  may  be  avoided. 

The  varied  activities  of  the  board  of  supervisors  are  simply 
loose  ends,  without  any  real  responsible  head  whose  duty  is  to 
gather  them  up  and  make  of  the  several  parts  of  which  our  present 
system  is  made  up,  one  whole  eflFective,  administrative  machine. 

A  representative  of  the  State  comptroller's  department  has 
been  studying  our  local  situation  for  some  time  with  a  view  to  so 
revising  the  rules  of  the  board  as  to  make  the  transaction  of  public 
business  conform  more  nearly  to  modern  methods.  Among  other 
things,  he  recommends  the  creation  of  a  county  auditor.  This,  I 
believe,  is  a  distinct  step  in  advance,  but  the  result  will  depend 
very  largely  on  the  personality  of  the  man  selected  and  the  power 
given  him. 


He  should  be  a  competent  business  man  who  could  handle  the 
whole  question  of  audits,  from  checking  the  bills  and  knowing  that 
the  county  got  just  what  it-  bought,  to  authorizing  payment,  and 
not  merely  an  accountant  to  certify  with  another  rubber  stamp 
that  the  figures  are  correct. 

These  recommendations,  if  properly  carried  out,  will  no  doubt 
improve  our  present  system,  but  the  fundamental  troubles  will  still 
remain.    These  may  be  summed  up  roughly  in  two  heads  : 

First — Division  or  scattering  of  responsibility. 

Second — Invisible  government,  or  too  much  political  boss. 

These  are  closely  interwoven  in  the  practical  working  out  of 
the  present  system,  but  are  still  two  distinct  troubles,  because,  even 
if  invisible  government  were  eliminated,  the  division  of  responsi- 
bility would  still  remain. 

Incompetence  of  the  Board  of  Supervisors 

We  can  never  obtain,  or  have  a  right  to  expect,  real  efficient, 
responsible,  businessHke  county  government  by  a  body  composed 
of  38  men  elected  from  38  different  towns  and  wards,  pulling,  more 
or  less,  in  38  different  directions,  each  one  leaving  the  big,  im- 
portant things  to  be  cared  for  in  a  haphazard  way  by  the  other 
fellow,  taking  real,  active,  personal  interest  only  in  the  things 
which  affect  him  or  his  constituents  directly. 

A  county  governing  body  of  this  size  is  necessarily  cumber- 
some, unwieldy  and  in  no  way  fitted  for  the  performance  of  the 
executive  duties  entrusted  to  it.  A  spirit  of  intense  political  parti- 
sanship is  bound  to  exist  in  a  body  of  this  kind  and  size,  and  the 
result  is  that  no  measure  intended  for  the  benefit  of  the  taxpayer 
is  considered  solely  on  its  merits,  but  is  considered  first  as  to  its 
political  effect,  and,  beyond  that,  the  final  decision  as  to  what 
action  should  be  taken  on  any  subject,  no  matter  how  important 
or  how  trivial,  rests  not  with  the  members  of  the  board,  to  be 
arrived  at  in  open  discussion,  using  their  best  judgment,  but  with 
the  organization  of  the  ruling  political  party  as  represented  by  its 
conceded  head,  a  position  that  carries  with  it  absolutely  no  official 
responsibility  to  the  taxpayers  of  this  county,  but  of  sufficient 
power  to  enforce  its  decrees. 

I  have  seen  supervisors,  and  other  officials  also,  assume  office 
with  all  the  intentions  in  the  world  of  being  honest,  straightforward 
and  independent  in  the  performance  of  their  duties,  but,  little  by 
little,  succumb  to  the  insidious  pressure  brought  to  bear  in  num- 
berless ways  until  they  became  merely  tools. 

43 


This  condition  cannot  produce  good  results,  as  it  makes  moral 
and  political  cowards  and  puts  the  fear  of  the  boss,  instead  of  the 
fear  of  God,  in  the  hearts  of  officials  generally ;  and,  not  only  this, 
but  it  shifts  the  responsibility  for  their  acts  to  the  organization 
whose  mandates  they  blindly  follow. 

The  members  of  our  local  board  of  supervisors  are  and  always 
have  been,  with  very  few  exceptions,  men  of  recognized  ability 
and  integrity;  and  the  failure,  if  I  may  so  call  it,  of  our  present 
system  lies  not  primarily  with  individual  members  of  the  board, 
but  with  the  system  which  not  only  permits  but  promotes  that  lack 
of  the  sense  of  personal  responsibility  which  is  the  prime  essential 
to  good  government  everywhere. 

Whatever  weakens  the  power  of  the  boss  and  loosens  the 
chains  which  bind  officials  to  a  blind  allegiance  to  the  political 
organization,  by  whose  grace  they  are  elected  or  appointed,  and 
promotes  a  sense  of  responsibility  to  the  public,  must  be  a  good 
thing. 

The  principle  of  direct  primaries  is  in  line  with  this  great  need; 
and,  although  the  law  as  it  now  stands  is  cumbersome  and  incom- 
plete, it  should  be  improved  and  not  abolished,  as  is  now  proposed, 
to  the  end  that  our  government — national,  state,  county  and  city — 
may  be  truly  what  our  forefathers  intended  it  should  be,  a  govern- 
ment of  the  people,  by  the  people,  and  for  the  people. 

DISCUSSION 


Chairman  Eckel :  Would  any  gentlemen  like  to  ask  Mr.  Shel- 
don any  questions? 

Mr.  Alonzo  G.  Hinckley :  It  seems  to  me  as  though  the  paper 
he  has  written  is  not  what  is  the  matter  with  county  government, 
but  what  is  the  matter  with  Onondaga.  I  want  to  say — perhaps  so 
you  may  realize  that  I  have  some  idea  of  what  might  be  said,  and 
that  I  know  a  little  of  what  I  am  talking  about — that  for  a  good 
many  years  I  have  been  clerk  of  our  county's  board  of  super- 
visors, so  many  years  that  I  am  almost  afraid  to  tell  you  just 
how  long  it  is ;  and  because  he  has  spoken  of  the  terrible  par- 
tisanship, I  want  to  say  that  I  have  been  clerk  under  Republican 
boards,  under  divided  boards,  and  under  Democratic  and  Progres- 
sive majority  boards,  as  indicating  the  fact  that  partisanship  does 
not  always  enter  into  the  board  of  supervisors.  And  even  further 
than  that,  while  I  was  Republican  county  chairman  of  Erie  County 

44 


I  was  elected  to  the  clerkship  by  a  Democratic  board.  And  I 
want  to  tell  you  now  that  what  he  says  is  not  the  fault  of  the 
government.  It  was  the  fault  of  Erie  County  ten  or  twelve  years 
ago,  when  I  first  became  clerk,  and  when  the  chairman,  who  stood 
alongside  me  at  that  time,  was  later  confined  in  prison.  Perhaps 
this  ought  not  to  be  taken  upon  the  record,  but  that  was  the  con- 
dition of  Erie  County  at  that  time.  That  was  the  condition  when 
the  chairman  was  appointing  his  committees  from  partisan  political 
reasons.  That  was  the  time  when  our  county  was  rotten.  But  it 
is  not  the  condition  today.  That  was  the  time  when  the  chairman 
was  selected  because  he  had  political  influence.  Today  we  select 
the  chairman  because  we  believe  he  not  only  is  honest  and  he  is 
not  only  going  to  be  faithful  to  his  duties,  but  he  is  going  to  be 
more  or  less  non-partisan.  Today  in  Erie  County  we  have  a 
chairman  of  a  strong  Republican  board  who  is  himself  a  Democrat. 
Of  that  strongly  Republican  board  we  have  committees  which  are 
non-partisan.  I  am  showing  the  change  that  has  come  over  Erie 
County,  not  by  any  reorganization  in  this  terrible  government,  but 
a  change  in  individuals,  a  change  in  the  spirit  of  the  people.  Mr. 
Sheldon  has  said  that  his  board  is  called  together  at  two  o'clock 
in  the  afternoon  and  generally  later,  as  I  remember.  We  are  called 
together  at  eleven  o'clock  in  the  morning,  on  the  dot.  We  of 
course  have  an  advantage  that  he  does  not,  of  meeting  once  a  week, 
so  they  cannot  give  us  that  old-time  excuse  which  existed  some 
years  ago  when  men  cashed  warrants,  when  men  did  advance 
money.  We  did  have  at  that  time  this  so-called  invisible  govern- 
ment. We  did  have  at  that  time  the  condition  where  the  different 
heads  of  the  committees  did  not  get  together  as  they  do  today. 
But  through  the  offices  of  a  man  who  came  from  Buffalo,  Mr.  Buck, 
who  was  then  a  supervisor,  a  rule  was  passed  so  that  the  annual 
budget  must  be  printed,  must  be  ready  and  passed  by  the  com- 
mittee, and  on  the  table  for  the  board  to  pass  by  the  first  of  De- 
cember. In  that  way  the  committee  began  to  take  it  up  a  long 
time  before  so  that  by  the  first  of  every  December  we  have  on 
the  table  the  annual  budget.  Not  just  glanced  at,  but  gotten  to- 
gether by  the  committee,  and  public  hearings  had  upon  it.  Every 
one  of  the  committees  is  working  together  for  the  interest  of  Erie 
County. 

I  am  showing  the  gradual  change  which  will  some  day  come 
over  Onondaga  County.  We  came  down  here  yesterday  and  spent 
a  very  pleasant  afternoon  with  Mr.  Wood,  your  purchasing  agent. 
I  never  saw  anything  more  ideal  in  my  twenty  years'  experience 
in  government.    And  when  you  have  climbed  along  a  little  further 

45 


so  that  you  have  divorced  from  your  board  of  supervisors  this  talk 
of  politics  and  you  have  added  to  that  this  county  auditor  that 
you  are  talking  about,  so  that  you  will  have  a  man— your  county 
government  troubles  will  be  small.  I  am  going  to  say  to  you 
frankly  that  we  had  a  little  trouble  about  that,  when  our  auditor 
law  was  first  passed.  We  have  up  there  now  a  man  who  works  for 
the  County  of  Erie  as  Mr.  Wood  works  for  the  County  of  Onon- 
daga. I  only  stand  up  here  and  talk  hurriedly  to  try  to  bring  to 
your  minds  these  facts,  so  that  you  will  not  be  discouraged,  and  so 
that  you  won't  say  that  the  whole  trouble  is  with  the  county 
government.  You  cannot  make  a  government  that  will  be  so  cor- 
rect that  its  purposes  cannot  be  defeated,  any  more  than  you  can 
make  a  lock  that  can  not  be  broken,  because  some  smarter  burglar 
will  come  along  and  break  the  lock.  So  that  no  matter  what 
protection  you  put  around  all  these  forms  of  county  government 
there  is  bound  to  be  some  one  who  may  perhaps  commit  a  fraud. 
I  do  not  say  the  county  government  .should  not  be  improved. 
This  is  my  first  experience  with  the  county  association.  I  am 
very  glad  to  come  down  here.  And  I  am  very  glad  to  leave  with 
you  early  in  the  morning  the  impression  that  the  county  govern- 
ment is  not  all  bad.  But  a  good  deal  of  the  fault  is  with  the  indi- 
vidual. 

Mr.  Bowman :  I  would  like  to  ask  the  last  speaker  a  question. 
I  am  interested  to  know  what  he  would  say  that  we  would  have 
to  do  here  in  Onondaga  County  in  order  to  get  that  civic  spirit.  It 
seems  there  is  one  situation  in  one  place  and  one  in  another. 

Mr.  Hinckley:  I  trust  you  won't  have  to  do  as  we  did  in  Erie 
County,  and  confine  several  men  in  Auburn  prison  in  order  to  wake 
people  up  to  the  fact  that  things  are  wrong,  I  will  say  this,  that 
with  all  due  respect  to  the  average  political  situation,  every  man 
elected  to  the  board  of  supervisors,  particularly  from  the  towns, 
should  be  the  best  citizen  that  there  is  in  that  town.  Now  I  cannot 
always  say  that  about  the  board  of  supervisors  from  the  city,  and 
I  don't  want  to  place  myself  in  jeopardy  of  my  position,  but  I 
emphasize  the  fact  particularly  that  in  the  towns  the  best  man 
they  can  get  is  the  man  who  is  made  supervisor.  After  this  time 
that  I  speak  of,  a  certain  element  of  younger  men  came  in  to  the 
board.  It  seemed  to  me  there  was  more  life.  And  after  that  there 
was  a  gradual  falling  away  of  that  whispering  in  the  back  room.  If 
it  came  from  that  terrible  example  we  had,  I  cannot  say.  But  I  do 
say  to  you  that  the  board  of  supervisors  of  Erie  County  stands 
today  in  a  position  which  is  almost  ideal.  The  people  have  con- 
fidence.    And  beyond  all  that,  the  greatest  advantage  that  I  can 

46 


see  has  been  from  the  fact  that  the  chairman  has  appointed  com- 
mittees in  whom  the  board  has  confidence.  When  a  committee 
takes  up  a  proposition  in  Erie  County  they  hold  a  pubHc  hearing, 
if  necessary,  or  they  determine  the  matter  as  best  they  can,  and 
when  they  have  completed  that  hearing,  the  board  of  supervisors 
and  the  people  of  the  county  are  satisfied  that  they  have  done 
the  best  they  could.  The  committees  are  not  very  many  in  num- 
ber, but  they  are  large,  and  I  believe  it  is  that  confidence  engen- 
dered by  the  work  of  such  committees  that  makes  our  board  of 
supervisors  so  successful.  I  would  like  to  see  Onondaga  improve, 
and  perhaps  these  speeches  will  wake  people  up. 

Mr.  Cartwright :  It  strikes  me  after  all  that  the  paper  by  Mr. 
Sheldon  is  really  a  discussion  of  what  is  the  matter  with  county 
government.  But  the  contribution  we  have  from  Erie  County 
shows  how  Erie  recognized  that  weakness  and  got  the  better  of 
it.  No  one  can  deny  that  Erie  County  shows  an  advance,  and  I 
don't  know  but  it  is  a  first  rate  suggestion  for  all  the  counties  of 
the  state,  that  they  get  a  first  class,  A  No.  1  clerk  for  the  board 
of  supervisors. 

Mr.  Childs :  I  simply  want  to  suggest  that  no  reasoning  can 
proceed  from  single  instances.  There  have  been  instances  in  city 
government  where  there  has  been  the  old  mayor  and  council  form 
of  governmnt,  for  instance,  and  a  steady  development  of  bad  con- 
ditions proceeding  quietly  and  unnoticed,  and  finally  a  scandal  or 
revolution  or  invasion  of  some  sort,  a  general  explosion,  a  storm 
and  the  clearing  of  the  air,  and  for  a  number  of  years  thereafter 
things  go  very  much  better,  and  never  get  back  to  be  quite  so 
bad  as  they  were  before.  And  then  in  time  comes  another  great 
upheaval,  another  arousing  of  the  civic  conscience,  another  storm 
and  the  clearing  of  the  air,  and  so  we  proceed,  steady  by  jerks. 
The  fact  that  in  a  given  city  at  a  given  time  the  atmosphere 
may  be  clearer,  that  tangible  progress  may  be  at  hand,  does  not 
prove  that  the  system  of  government  may  be  an  exact  system ;  and 
I  cannot  believe  that  in  county  government  a  system  which  puts 
the  power  in  the  hands  of  a  very  large  board,  elected  by  wards, 
with  most  of  the  working  power  in  the  hands  of  committees,  meet- 
ing only,  in  most  cases,  once  a  month,  without  a  centralized  execu- 
tive, is  a  sound  system  in  the  long  run.  I  think  we  are  due  to 
get  into  trouble  with  it,  periodically,  right  straight  along ;  and  the 
history  of  county  after  county  will  show  that  we  do  get  in  trouble 
with  it  periodically  right  along. 

A  Gentleman  Present:  I  think  an  experience  of  ours  might 
help  to  answer  the  query  made  by  this  gentleman  from  Onondaga 

47 


County.  So  far  as  I  have  been  able  to  observe  for  the  past  year, 
which  is  the  only  one  I  have  the  pleasure  of  serving  on  the  board  of 
supervisors,  our  board  seems  to  be  free  of  any  noticeable  exercise 
of  domination  from  the  Republican  organization  which  is  in  power. 
When  Supervisor  McKelwin  was  elected,  he  did  not  go  and  ask  if 
he  might  run.  He  simply  told  them  he  was  going  to  run.  They 
replied  that  he  had  a  fat  chance  of  getting  elected,  and  they  never 
stuck  by  him  to  elect  him.  Consequently,  when  he  won  the  elec- 
tion he  did  not  feel  under  any  great  obligation  to  the  party.  He, 
the  independent,  was  appointed  on  one  of  the  most  important  com- 
mittees. And  during  the  year  I  have  been  on  the  board  I  have  seen 
no  attempt  to  influence  the  members  by  the  local  partisan  organi- 
zations. Now  possibly  in  this  county  you  do  have  some  political 
leader  who  seems  to  hold  in  the  hollow  of  his  hand  the  different 
members  of  the  board  and  make  your  board  do  things  in  his  way. 
It  would  seem  to  me  that  it  is  not  the  board  or  the  way  of  running 
the  county  affairs  so  much  as  it  is  the  fact  that  there  seems  to 
be  a  local  Republican  or  Democratic  leader  or  organization  which 
has  control  of  the  board.  If  you  can  get  rid  of  that  I  think  the 
conditions  will  be  more  satisfactory. 

Dr.  Parmenter:  I  feel  considerable  hesitation  and  some  fear 
when  I  hear  of  the  control  of  the  organization  by  boss,  because  in 
my  own  county,  Ontario,  I  unfortunately  combine  in  my  person 
state  committeeship  and  chairmanship  of  the  board,  which  is  a 
dangerous  combination.  But  I  want  to  say  to  you  this  that  since 
1912  there  has  never  been  one  action  taken  by  our  board  on  party 
lines.  They  have  been  eliminated.  Every  Democratic  member  of 
the  board  is  a  chairman  of  a  committee.  We  take  them  in.  We 
take  them  into  the  caucuses.  The  process  of  assimilation  goes  on, 
and  party  lines  are  obliterated.  We  have  a  budget  which  has  to  lie 
on  the  table  for  pubHc  inspection,  and  from  the  beginning,  since 
1912,  from  which  my  experience  dates,  we  have  had  no  touch  of 
partisanship  from  outside.  We  have  steadily  progressed,  and  hav- 
ing some  ideals,  we  are  going  to  progress  still  more.  And  I  think 
it  comes  back  again  finally  to  the  character  of  the  men  on  your 
board.  I  think  Mr.  Hinckley  touched  upon  that.  If  I  might  sum 
up  my  one  criticism,  the  great  fault  of  county  government,  as  Mr. 
Childs  emphasized  last  evening,  is  the  lack  of  one  head.  Twenty 
men  or  forty  men,  meeting  once  a  month,  cannot  work  as  a  unit. 

Chairman  Eckel :  I  think  we  ought  to  close  the  discussion  and 
go  on  with  our  next  paper.  We  can  come  back  to  this  discussion 
later.  There  will  be  time,  I  assume,  later  on,  in  some  of  the  other 
sessions  for  more  discussion.     Our  next  paper  will  be  by   Mrs. 

48 


Helen  Hoy  Greeley,  of  the  New  York  bar,  on  the  subject.  "Shall 
New  York  Have  a  State  Constabulary?"  I  have  very  great  pleasure 
in  introducing  Mrs.  Greeley : 

ADDRESS 

SHALL  NEW  YORK  STATE  HAVE  A  STATE 

CONSTABULARY? 

HELEN  HOY  GREELEY. 

Mr.  Chairman  and  friends  of  the  conference  :  It  would  be  more 
pertinent  perhaps  to  change  the  title  from  address  to  talk.  I  am 
afraid  this  is  not  a  paper.  It  is  just  a  little  talk.  In  looking  over 
the  program  I  find  that  I  am  in  a  different  position  from  any  of  the 
rest  of  the  speakers.  Every  one  else  who  has  a  paper  here  comes 
to  you  from  an  association  which  is  carrying  forward  work  that 
at  various  points  touches  county  government,  and  in  the  contact 
detects  weaknesses  of  county  government.  I  come  to  you  from 
an  organization  which  exists  solely  because  the  members  thereof 
have  as  individuals  felt  a  great  weakness  on  the  part  of  the  different 
governmental  units,  whatever  you  may  choose  to  call  them ;  the 
state  or  the  county  or  the  village.  The  weakness  I  mean  is  the 
lack  of  protection  afforded  by  the  proper  unit  to  these  individuals. 
I  am,  the  program  says,  the  legislative  counsel  for  the  Com- 
mittee for  a  State  Police,  and  that  is  the  genteel  way  of  saying, 
"Lady  Lobbyist."  The  committee  that  I  represent  is  made  up  of 
individuals  of  all  types  of  citizens.  They  are  city  dwellers  ;  they  are 
rural  dwellers ;  they  are  farmers  who  are  grangers  and  who  are 
not  grangers ;  men  in  district  schools ;  men  in  agricultural  schools ; 
men  who  are  bankers,  but  have  country  places ;  men  who  are 
manufacturers.  And  we  have  men  who  are  interested  in  this, 
who  are  on  this  committee,  solely  because  they  are  hunters  of  fish 
or  birds.  And  so  we  run — all  kinds  of  people  on  this  committee, 
and  all  of  them  there  because  they  believe  that  there  is  not  in  this 
state  sufficient  protection  afforded  from  the  public  safety  depart- 
ments in  the  state — the  police  system,  in  whatever  form  it  occurs — 
to  the  individuals  of  the  state,  especially  in  the  rural  districts. 

So  this  organization  has  been  formed,  not  by  students  of 
county  government  who  have  a  theory  as  to  how  county  govern- 
ments may  be  bettered,  but  by  individuals  who  have  lacked  pro- 
tection, who  have  felt  that  lack  individually  in  some  particular  in- 
stance and  needs  which  have  arisen  from  particular  instances ; 
and  because  altogether  we  have  enough  instances  to  enable  us 
to  come  to  conclusions. 

49 


The  County  Falls  Down  on  Police  Protection 

Two  years  ago,  I  think  it  was  Mr.  Childs  who  said:  "If  the 
history  of  twenty  years  shows  that  reform  in  instance  after  in- 
stance has  consisted  in  taking  functions  out  of  the  county  and 
vesting  them  in  the  state,  the  political  scientist  begins  to  suspect 
that  the  county  is  so  organized  that  it  falls  down  on  the  job  as 
soon  as  the  job  becomes  important  or  technical  or  difficult ;  and 
that  the  development  of  the  powers  of  the  state  government  at  the 
expense  of  the  county  is  probably  a  survival  of  the  fittest."  If  now, 
therefore,  we  have  an  organization  existing  wishing  to  put  into 
the  hands  of  the  central  authorities  of  the  state  the  power  to  give 
protection  to  the  people  in  the  rural  districts,  is  it  not  because  of 
that  very  falling  down  of  county  government?  Where  it  has 
fallen  down  is  of  course  in  the  office  of  the  sheriff,  in  the  office  of 
the  town  constable,  and  the  village  policeman.  There  is  a  long 
line  of  judicial  decisions  in  this  state,  showing  very  clearly  that 
locally  appointed  police  officers  are  not  strictly  speaking  local 
officers  at  all.  They  are  agents  of  the  state  government  for  the 
maintenance  of  public  peace  and  order.  But  in  spite  of  this  theory, 
although  it  is  true,  there  has  never  been  developed  any  effective 
state  administrative  control  in  this  important  branch  of  local  gov- 
ernment. There  have,  however,  been,  consequently,  a  great  many 
haphazard  occasional  attempts  made  and  steps  taken  in  different 
states  to  remedy  the  situation ;  but  there  has  not  been  any  sys- 
tematic and  permanent  machinery  established.  I  think  it  will  re- 
main for  the  county  government  association  to  devise  that  per- 
manent machinery. 

Sporadic  Instances  of  State  Police 

The  sporadic  instances  to  which  I  have  referred,  the  haphazard 
steps  that  have  been  taken,  are  somewhat  as  follows :  In  1865 
there  was  established  in  Massachusetts  a  state  police  force  to 
enforce  the  prohibition  law,  which  was  enacted  in  Massachusetts. 
The  law  continued  in  existence  for  nearly  ten  years,  when  it  was 
repealed  in  1875.  The  state  police  force  for  the  suppression  of 
the  liquor  traffic  was  not  disbanded,  but  was  transformed  into  a 
detective  force  and  that  detective  force  was  used  to  suppress  dis- 
order and  enforce  the  criminal  law.  Later  it  was  used  to  investi- 
gate, factories,  and  still  later  it  took  over  the  functions  of  the 
fire  marshal.  In  1903  a  similar  police  force  was  created  in  Con- 
necticut to  deal  with  liquor  traffic  and  the  gaming  laws  and  to 
perform  the  functions  of  the  state  fire  marshal.  In  Rhode  Island, 
it  is  interesting  to  note  that  in  1886,  when  there  was  a  prohibition 

60 


law  in  effect  in  that  state,  there  was  a  state  police  which  had 
power  over  the  sheriffs,  in  that  it  could  direct  the  sheriffs  and  the 
local  police,  but  only  in  regard  to  the  enforcement  of  the  prohibi- 
tion law.  That  only  lasted  a  few  years.  In  South  Carolina  in 
1896  the  state  constabulary  was  created  because  of  the  existence 
of  the  state  system  of  liquor  dispensaries.  In  Pennsylvania  in  1905 
the  constabulary  was  appointed  to  suppress  disorder  and  give  rural 
protection,  especially  in  the  mining  districts  where  the  large  aggre- 
gations of  foreigners  created  more  turbulence,  and  to  be  used  in 
the  case  of  strikes.  The  existence  of  the  rangers  on  the  Mexican 
frontier  is  of  course  an  instance  of  a  state  police  of  a  different  na- 
ture. They  established  rangers  there  in  Texas,  Arizona  and  New 
Mexico,  in  1901,  1903  and  1905.  Now  comes  this  effort  in  New 
York  State  to  establish  a  state  police,  not  solely,  as  in  Pennsylvania, 
for  the  suppression  of  disorder  in  connection  with  rioting  miners 
in  rough  districts,  not  solely  to  suppress  the  liquor  traffic,  or  any 
one  thing  solely,  but  to  gather  together  all  the  functions,  let  us 
say,  of  all  these  instances  of  an  attempt  to  exercise  direct  state 
control  in  these  other  states.  For  instance,  the  state  police  com- 
mittee contemplates  that  the  force  created  by  the  bill  which  it  ad- 
vocates shall  give  assistance  to  the  state  in  time  of  riot  and  strike 
by  relieving  the  national  guard  of  strike  duty. 

The  National  Guard  Not  Suitable  as  Peace  Officers 

We  all  of  us  know  that  the  national  guard  was  in  a  perilous 
condition,  even  before  it  went  to  Mexico ;  and  since  then,  we  know 
we  are  faced  by  a  still  more  precarious  situation.  Whether  the 
guard  will  be  reorganized  no  one  knows  at  this  moment,  but  that 
something  vitally  different  and  radical  is  necessary  is  quite  evi- 
dent. However,  one  of  the  first  steps  essential  for  the  rehabilita- 
tion of  the  guard,  whatever  else  may  be  done,  is  the  establishment 
of  a  state  police  force  to  relieve  it  of  the  duty  to  serve  in  strikes, 
because  of  the  fundamental  distinction  that  our  law  most  clearly 
makes  between  soldiers'  service  and  police  duty.  No  body  of 
soldiery  supposed  to  exist  to  defend  our  state  against  external 
foes  should  be  called  upon  in  cases  of  domestic  differences.  A  police 
force  is  the  proper  body.  This  necessity  which  the  guard  has  been 
under  has  diminished  its  recruits,  and  I  am  sure  the  gentlemen  here 
from  Buffalo  will  be  able  to  verify  what  I  say  when  I  state  that 
the  depletion  of  the  guard  last  year  was  directly  traceable  in  Buffalo 
to  the  use  of  the  guard  in  the  great  strike  at  the  Gould  Coupler 
Works  in  Depew.  The  condition  which  existed  in  Buffalo 
I  do  not  say  existed  in  any  other  city.     Last  spring  I  saw  them 

51 


in  the  streets  entreating  men  to  join  the  guard,  when  it  became 
necessary  to  get  men  to  go  to  Mexico.  I  think  you  will  know 
why  the  speaker  of  the  assembly,  Mr.  Sweet,  told  me  this  summer 
this:  "I  wish,  Mrs.  Greeley,  that  the  national  guard  could  be 
disbanded;  that  we  could  have  a  strong  state  constabulary  of  1,500 
or  2,000  men ;  and  that  we  could  have,  besides  the  radical  reorgani- 
zation  of  our   federal   army,   a   good  big   standing   federal   army 

created." 

Now  that  is  just  one  reason  for  the  existence  of  the  state 
police  force.  It  is  an  important  reason,  but  it  is  a  subordinate 
one.  The  experience  of  Pennsylvania  has  shown  that  the  police 
force  there  has  been  used  in  strikes  during  the  ten  years  of  the 
force's  existence,  from  1905  through  1914,  on  an  average  of  only  one 
day  per  man  per  year.  But  its  existence  has  been  a  deterrent  to 
rioting  and  general  turbulence,  and  the  fact  of  there  being  on  the 
ground  a  body  of  men  trained  and  always  hard  and  in  condition  to 
do  its  work  has  been  an  effective  deterrent  to  the  kind  of  rioting 
that  preceded  its  existence.  This  last  year  has  been  the  only  year  in 
which  the  force  has  been  on  duty  in  strikes  so  much,  and  of  course 
these  conditions  have  resulted  from  particular  economic  causes 
and  disturbances.  These  causes  have  kept  the  force  on  duty  a  very 
great  deal  this  last  year ;  and  at  times  it  has  had  to  have  its  work 
supplemented,  for  the  first  time  in  its  existence,  by  the  national 
guard. 

Wide  Unprotected  Rural  Areas 

But  aside  from  all  that,  the  state  does  not  afford  proper  pro- 
tection in  rural  districts  to  its  rural  dwellers,  largely  because  the 
state  has  had  no  effective  administrative  control  over  its  various 
officers,  who,  although  many  of  them  are  local  ofificials,  are  yet 
state  agents.  Now  the  bill  that  we  contemplate  does  not  give  to  any 
state  department  control  over  these  officers.  We  have  not  med- 
dled with  that  in  any  way.  We  have  left  a  clear  field,  it  seems 
to  me,  to  those  careful  students  of  county  government  who  may  be 
able  to  devise  the  proper  relation  that  the  sheriff's  office  in  the 
future  shall  bear  to  the  state  police.  Our  bill  aims  to  create  only 
a  small  force  which  shall  co-operate  with  local  officials  but  not 
aim  to  control  them.  In  fact  the  men  of  the  force  will  have  no 
jurisdiction  inside  of  incorporated  municipal  units,  unless  they  are 
invited  to  come  in  and  help.  Of  course  they  will  have  jurisdiction 
m  the  sheriff's  bailiwick,  but  only  outside  of  incorporated  villages 
and  cities. 

62 


The  fact  that  the  local  police  protection  stops  with  the  bounda- 
ries of  the  incorporated  unit  throws  upon  the  sheriff  and  the 
sheriff's  office  the  burden  of  protecting  the  dwellers  outside.  He 
doesn't  do  it,  and  is  not  called  to  do  it.  I  don't  mean  he  is  unfit  or 
incompetent,  but  is  he  permitted  by  the  machinery  of  our  law  to 
perform  the  function  which  we  should  reasonably  exact  and  expect 
of  him?  I  think  not.  I  think  that  as  one  of  the  multiplicity  of 
officials  he  is  the  victim  of  our  legal  procedure.  He  is  a  victim  of 
the  constitution.  Whenever  you  have,  as  one  of  the  speakers  at 
the  first  conference  pointed  out,  a  multiplicity  of  elections  in  any 
unit  it  is  popularity  which  secures  the  election,  and  I  think  that 
applies  in  the  case  of  a  sheriff  almost  more  than  in  the  case  of  any 
other  county  officer.  He  is  essentially  the  good  fellow  of  the 
county.  His  office  is  a  political  resort.  He  has  no  distinctive  quali- 
fication for  the  offi-ce.  If  he  is  a  good  fellow  he  gets  the  job;  so 
also  if  he  has  rendered  good  service  to  the  party.  Now  that  does 
not  make  for  scientific  performance  of  the  duties  of  his  office.  He 
is  not  an  expert  in  the  detection  of  crime,  and  yet  upon  him  depends 
the  detection  of  crime,  largely.  He  has  no  trained  assistants  given 
to  him.  No  trained  service  is  paid  for.  His  appointees  are,  as  the 
Sheriff  of  Erie  very  frankly  said  to  me,  political  appointees  for 
political  reasons.  They  are  not  trained  men.  The  gentlemen  from 
Buffalo  may  be  interested  to  know  that  the  Sheriff  of  Erie  County 
said  to  me  this  summer,  "What  are  my  qualifications  for  being 
sheriff?  I  have  been  a  grocer  all  my  life."  And  I  may  say  here 
that  in  the  majority  of  cases  the  sheriffs  have  been  mechanics, 
truckmen  or  farmers.  And  so  it  goes.  He  said,  "I  have  been  a 
grocer  all  my  life.  My  one  qualification  for  the  office  of  sheriff, 
as  I  see  it,  is  my  common  sense.  I  think  I  have  some  common 
sense.  I  have  no  assistants  who  are  trained,  and  I  do  not  con- 
sider myself  the  kind  of  official  that  the  County  of  Erie  should  have 
to  go  out  into  the  districts  outside  of  the  city  of  Buffalo  and  get 
expert  criminals  who  operate  there,  detect  them  and  catch  or  appre- 
hend them  and  bring  them  in  for  punishment." 

What  the  State  Police  Will  Do 

I  beHeve  he  is  right.  I  believe  that  it  is  essentially  because 
of  the  breaking  down  of  the  pubHc  safety  departments  of  the  state 
that  we  should  now  turn  to  the  state  itself  for  some  kind  of 
trained  body.  And  we  are  doing  that  in  asking  for  this  bill,  and 
for  the  creation  of  this  force.  The  men  will  patrol  the  rural  roads. 
In  Pennsylvania  in  ten  years  they  patrolled  six  million  miles  of 
rural  roads  never  patrolled  before.  They  operate  against  the  intoxi- 

53 


cated  man  who  drives  his  car  while  intoxicated,  and  against  the 
grafter  who  establishes  the  speed  trap  for  the  benefit  of  the  local 
unit  with  which  he  is  connected.  These  men  will  supplement  the 
services  of  the  game  wardens  and  the  conservationists  of  the  state 
in  enforcing  the  fish  and  game  laws.  They  will  assist  the  health 
department  of  the  state,  when  that  help  is  needed  in  the  mainte- 
nance of  quarantines,  etc.,  in  the  rendering  of  specific  kinds  of 
services  in  different  units  where  the  health  department  of  the  state 
operates.  They  will  operate  in  all  ways  for  the  general  enforce- 
ment of  the  law,  and  they  will  be  a  general  deterrent  to  all  kinds 
of  crime. 

Why  a  Sheriff? 

The  force  is  necessarily  a  small  one  in  our  beginning.  I  do 
not  know  at  all  what  it  may  develop  into.  I  do  not  know  what  its 
relations,  after  the  county  government  association  gets  done  with 
county  government,  will  be  to  the  sheriff's  office  and  the  office  of 
the  village  police  and  the  town  constables.  Your  own  disputants 
at  the  last  conference  did  not  know.  Mr.  Cawcroft  considered 
that  the  very  first  step  of  county  government  should  be  to  restore 
to  the  office  of  sheriff  its  historical  prestige  and  pristine  vigor.  He 
believed  that  in  the  preparation  of  a  better  system  of  county  gov- 
ernment the  sheriff  must  be  restored  to  his  place  as  the  "chief-man." 
Contrast  that,  if  you  please,  with  the  statement  of  Mr.  Cartwright, 
which  you  will  find  in  the  proceedings  of  the  first  conference  of 
your  association.  He  said,  in  discussing  the  short  ballot  for  coun- 
ties, "I  fail  to  perceive,  for  example,  the  necessity  of  electing  a 
sheriff  by  popular  ballot.  I  think  the  office  of  sheriff  is  going  out 
in  time.  The  coroner  is  surely  going  to  be  abolished  very  soon,  and 
the  sheriff  will  shortly  afterwards  follow  him.  New  York  City  will 
probably  be  the  first  to  get  rid  of  its  sheriffs.  It  will  retain  its 
police.  I  doubt  very  much  if  New  York  City  would  think  it  in  any 
measure  the  part  of  wisdom  to  elect  its  police  commissioners  by 
popular  ballot,  or  its  fire  chief,  or  its  commissioner  of  correction, 
or  any  of  the  heads  of  the  big  departments  now  appointed  by  the 
mayor.  There  is  no  argument  for  any  real  logical  tenability,  that 
I  have  seen,  as  to  why  the  sheriff  should  not  be  appointed  to  his 
office  either  by  the  county  commission  (in  a  commission  govern- 
ment county)  or  by  the  chief  executive  officer  of  such  a  county 
(a  county  manager)  in  much  the  same  manner  as  the  police  com- 
missioner is  appointed  in  a  large  city  by  the  mayor." 

And  that,  of  course,  falls  in  with  the  plan  presented  by  Mr. 
Childs.     Mr.  Cartwright  himself  later  advises  that  certain  county 

54 


officers,  including  the  sheriff,  be  appointed  by  the  county  manager, 
who  is  responsible  as  the  executive  agent  of  the  small  board  of 
three,  five  or  seven  supervisors  that  your  association  is  contem- 
plating as  a  possible  plan.  Mr.  Cartwright  himself  pointed  out  that 
the  relation  of  the  sheriff's  functions  to  electoral  control,  and  the 
weighing  of  such  functions  in  the  balance  with  those  of  a  state 
police  or  a  state  police  with  county  control  is  a  very  important 
matter  to  be  considered  in  the  reform  of  county  government.  All 
that  I  believe  is  true.  I  think  that  must  be  worked  out.  But,  as  I 
said  before,  I  think  that  the  bill  which  I  advocate  does  not  militate 
against  the  future  plans  and  the  development  of  the  future  plans 
of  this  association,  but  can  easily,  when  the  time  comes,  be  related 
to  whatever  then  seems  wise.  Certainly  I  should  not  now  ad- 
vocate mixing  up  the  state  police  force,  which  we  contemplate,  with 
the  sheriff.  If  it  were  possible  under  the  constitution  to  do  so,  Mr. 
Cawcroft,  in  his  address  two  years  ago,  suggested  that  the  sheriff 
be  made  a  captain  of  the  forces  of  the  state  police,  a  lieutenant, 
if  you  please.  I  think  under  the  present  chaotic  system  of  county 
government  that  that  might  be  fatal,  but  I  do  not  think  it  is  im- 
portant to  us  under  the  constitution  as  it  stands,  and  I  am  not 
going  to  worry  about  it. 

The  State  Police  Bill  Opposed  Only  by  Labor  Unions 

Now  a  word  about  the  bill,  and  the  practical  end  of  it.  I  have 
assumed  that  every  one  attending  this  conference  agrees  with  the 
students  of  county  government  that  a  state  constabulary  is  a  de- 
sirable thing  to  have,  a  necessary  thing  to  have,  and  that  it  is  com- 
ing in  New  York  State.  We  of  the  committee  believe  that  it  is 
coming,  and  perhaps  coming  early  in  the  legislative  session  about  to 
open.  We  nearly  passed  this  bill  last  year.  We  lacked  only  a 
few  votes.  We  passed  it  in  the  senate,  and  we  had  the  governor's 
assurance  that  he  would  sign  the  bill.  I  believe  it  failed  in  the 
assembly  largely  because  it  was  brought  out  of  committee  at  the 
very  end  of  the  session,  on  the  last  day,  within  only  three  hours 
of  the  closing;  and  in  the  contusion  mevitable  during  the  dosing 
moments  of  the  session,  its  proper  consideration  was  prevented. 
But  this  year  the  bill  will  go  in  early.  It  is  very  closely  on  the  lines 
of  the  Pennsylvania  law,  and  that  is  uniformly  regarded  as  a  suc- 
cessful instrument,  and  we  stand  a  pretty  good  chance  after  all  the 
publicity  that  has  been  given  to  this  question  of  having  the  legis- 
lature, that  is  awake  to  the  needs  of  the  people  in  the  counties, 
act  favorably  upon  it. 

We  have  the  endorsement  of  all  kinds  of  bodies — grangers, 
sportsmen,    automobilists,    manufacturers,    rural    residents    who 

55 


are  not  farmers,  and  the  intelligent  city  dweller.  We 
believe  the  only  opposition  is  the  opposition  which  comes  from  the 
labor  contingent,  who  realize  that  the  Pennsylvania  constabulary 
has  been  an  effective  check.  I  recall  that  one  of  the  labor  speakers 
at  the  hearing  on  this  bill  last  year  stated  that  the  Pennsylvania 
Labor  Federation  had  not  been  able  to  pull  off  a  successful  strike 
since  the  creation  of  this  force,  and  that  was  the  reason  why  he 
was  opposing  the  bill.  If  that  be  true,  I  think  it  was  a  very  unwise 
thing  for  him  to  say  in  public.  Now  if  you  are  in  favor  of  the  bill 
you  can  help  us  from  whatever  county  you  come  by  seeing  to  it 
that  your  representatives  in  the  legislature  know  of  your  feelings 
on  the  subject,  and  the  same  thing  is  true  if  you  are  opposed  to  the 
bill.  We  want  the  bill  to  be  a  crystalization  of  awake,  alert,  intel- 
ligent public  opinion.  If  that  opinion  is  not  crystalized  in  favor  of 
the  bill,  let  us  have  no  bill  this  year. 

DISCUSSION 

Mr.  George  S.  Buck :  Erie  County  has  a  population  of  six 
hundred  thousand  people,  I  believe.  May  I  ask  about  "how  many 
state  police  would  be  apportioned  to  Erie  County  under  such  a  bill? 

Mrs.  Greeley:  You  have  nine  assembly  districts  in  Erie 
County,  and  one  one  of  them  is  what  may  be  called  a  rural  district. 
The  bulk  of  that  population  is  centered  in  eight  of  your  assembly 
districts.  This  police  force  is  for  the  protection  of  the  rural  commu- 
nities, and  none  of  it  would  be  apportioned  to  the  eight  districts. 
It  would  patrol  the  roads,  however,  or  some  members  of  it  would 
patrol  the  roads  in  that  portion  of  Erie  County  where  the  Teiper 
murder  was  committed.  That  lies  outside  of  the  eight  urban  and 
inside  of  the  one  rural  district  of  Erie  County,  and  there  you  might 
expect  to  find  state  policemen. 

That  question  raises  of  course  the  general  question  of  distri- 
bution of  force.  The  force  at  present  proposed  is  a  small  one,  con- 
sisting of  only  232  men,  and  the  question  may  well  come  up,  how 
can  you  effectively  distribute  so  small  a  force  over  so  large  an  area. 
That,  gentlemen,  is  what  we  pay  $5,000  a  year  under  the  proposed 
bill  to  the  superintendent  of  police  to  solve.  It  is  for  him  to  say 
how  the  force  shall  be  distributed  so  as  to  gain  for  the  state  of 
New  York  the  greatest  return  on  the  investment  it  will  make  in 
this  police  force. 

Various  propositions  are  being  made  for  the  distribution  of  the 
force.  Possibly  there  will  be  the  assignment  of  two,  three  or  four 
men  to  a  county,  depending  upon  the  size  of  the  county  and  the 
number  of  miles  to  be  patrolled.     Sheriffs  have  told  me  that  they 

66 


would  consider  as  few  as  two  men,  who  are  trained  as  these  men 
are  supposed  to  be,  a  great  addition  and  a  great  help  to  them  in 
the  administration  of  their  work.  There  might  be  the  posting  of 
one  of  the  troops  at  a  central  point  in  the  state,  possibly  Syracuse, 
possibly  Albany,  with  the  other  troops  on  rotation  wherever  the 
superintendent  might  decide.  But  the  troops  would  always  be  mo- 
bile and  any  number  of  the  members  could  be  sent  in  cases  of  need 
to  the  point  of  need.  That  of  course  is  particularly  true  of  strikes, 
but  it  is  true  also  in  cases  of  aggravated  trespass  in  the  hunting 
areas.  The  Pennsylvania  force  has  been  assigned,  small  squads  of 
them,  to  hunting  areas  so  they  could  protect  the  farmers  against 
aggravated  trespass. 

Question :  Can  you  get,  under  your  bill,  more  men  if  they  are 
needed? 

Mrs.  Greeley :  We  should  be  very  glad  to  see  the  force 
started  with  six  troops  of  fifty-eight  men  each,  but  it  seemed  as 
though  the  idea  was  so  involved  it  would  be  very  difficult  to  get  a 
larger  force,  calling  for  a  correspondingly  greater  expenditure,  so 
we  compromised  on  the  four  troops,  which  number  Pennsylvania 
has.  Pennsylvania  is  desirous  of  increasing  the  number  of  its 
troops,  and  there  is  a  strong  probability  that  it  will  do  so  this 
year.  There  is  an  illuminating  story  told  of  one  of  the  Texas 
rangers.  There  was  some  trouble  at  some  point  on  a  railroad  in 
connection  with  the  railroad  employes ;  the  local  employers  were 
unable  to  settle  the  difference,  and  a  riot  was  imminent.  The 
rangers  were  sent  for  to  quell  the  disturbance.  When  the  train 
pulled  in  that  was  to  bring  the  rangers,  one  man  in  uniform  got 
ofiF,  and  the  local  people  went  up  to  him  and  said,  "Well,  where  are 
the  rest  of  the  boys?"  And  the  man  in  uniform  looked  up  and  said 
"You  haven't  got  but  one  riot,  have  you?"  That  seems  to  be  the 
story  of  what  training  does.  Three  or  four  men  can  handle  what 
twenty  men  less  hard,  less  in  condition,  can  do.  Remember  this 
constantly  that  state  police  are  trained  men ;  and  if  they  are  up  to 
the  standard  of  the  Pennsylvania  constabulary,  I  have  been  told 
by  other  people  that  even  four  would  have  done  in  such  strikes. 

Mr.  Childs :  Suppose  a  crime  is  committed  in  a  purely  rural 
section  of  the  state.  What  is  the  procedure  and  the  recourse  which 
the  victim  has  today  ? 

Mrs.  Greeley :  Doesn't  he  call  upon  the  local  police  official,  if 
there  is  one?  Otherwise  upon  the  sheriff?  If  it  is  within  the  limits 
of  a  village,  it  would  be  the  village  policeman,  in  case  such  exists. 
Of  course,  there  is  no  obligation  upon  a  board  of  village  trustees 
to  appoint  local  policemen.    For  instance,  recently  in  the  Village  of 

57 


Homer,  the  village  went  dry  and  it  was  thought  that  with  the 
village  dry  there  would  be  no  need  of  maintaining  a  village  police 
officer.  So  they  voted  the  existing  policeman  out  of  office,  and  there 
is  no  police  officer  there  now.  If  they  cannot  get  help,  their  re- 
course is,  of  course,  to  the  sherifiF  at  the  court  house,  which  happens 
to  be  only  about  three  miles,  possibly  a  little  less  than  three  miles 
away.  But  in  the  case  of  other  villages  it  might  be  a  great  deal 
more. 

Mr.  Buck:  In  Erie  County  we  have  a  cosmopolitan  population, 
and  we  are  continually  paying  out  fees  for  the  constables  and  for 
the  maintenance  of  quarantines  and  for  the  deputy  sheriffs  for  the 
apprehension  of  criminals,  and  it  is  expensive.  It  has  often  seemed 
to  me  we  might  maintain  quite  a  respectable  county  police  force 
and  secure  vastly  better  results,  because  the  constables  and  the 
deputy  sheriffs  are  not  trained  at  all  for  their  work,  as  you  pointed 
out.  Anybody  can  see  that  under  existing  conditions  it  is  usually 
a  pretty  mediocre  specimen  of  a  man  who  will  work  at  such  an 
occupation  for  three  dollars  a  day,  and  that  is  what  the  deputy 
sheriff  is  allowed.  It  seemed  to  me  that  one  of  the  fundamental 
troubles  is  that  the  state  passes  a  law  and  then  leaves  it  to  local 
authorities  to  enforce,  so  that  there  is  practical  nullification  in  all 
communities  which  do  not  approve  of  the  state's  enactments.  That 
has  a  tendency  to  develop  disregard  for  law  among  the  people.  I 
have  a  friend  who  was  connected  with  the  state  government  for  a 
while.  He  was  a  lawyer  in  active  practice,  and  he  became  United 
States  District  Attorney.  He  said  he  was  astonished  to  discover 
how  much  more  fear  people  had  of  the  United  States  laws  than  they 
had  of  the  state  laws.  And  upon  thinking  it  over  he  came  to  the 
conclusion  that  the  reason  was  that  in  the  case  of  the  local  district 
attorney,  everybody  had  a  chance  to  elect  him,  while  in  the  case  of 
the  United  States  District  Attorney,  he  was  responsible  to  his  su- 
perior for  carrying  out  a  given  course  of  action.  You  can  see  at 
once  if  the  United  States  depended  for  the  enforcement  of  its  laws, 
upon  locally  elected  officials  there  would  be  a  nullification  all  over 
the  United  States  where  the  United  States  laws  were  not  approved. 

I  may  also  add  another  experience.  In  the  summer  time  I  have 
for  some  years  lived  on  the  Canadian  side  of  Lake  Erie.  There  is 
no  very  great  difference  between  the  people  over  there  and  those  on 
this  side,  but  there  is  a  decided  difference  in  their  respect  for  the 
law  and  for  its  enforcement.  It  has  seemed  to  me  that  perhaps  the 
fundamental  reason  for  it  lay  in  the  fact  that  over  there  the  en- 
forcement of  the  law  is  in  the  hands  of  the  province.    The  sheriffs 

68 


are  all  appointed  by  the  provincial  authorities,  and  they  are  respon- 
sible alone  to  them. 

Chairman  Eckel :  When  a  great  corporation,  railroad  or  mer- 
cantile corporation,  wishes  to  obtain  a  manager,  its  officers  look 
about  to  get  the  best  man  that  they  can  find,  and  they  usually 
choose  a  man  who  has  had  some  previous  experience  in  that  kind  of 
work.  They  pay  him  a  salary  commensurate  with  his  ability  and 
with  the  services  which  he  performs.  And  so  it  is  not  strange  that 
they  get  competent  men.  And  I  think  the  discussion  this  morning 
points  out  the  fact  that  if  we  could  only  get  competent  men  in 
public  office  much  of  the  trouble  of  government  would  be  done  away 
with.  After  all  it  comes  down  to  the  personality  of  the  men. 
Honest,  efficient  men  will  do  well  wherever  they  are  put,  whether 
in  a  political  situation  or  elsewhere,  provided  you  can  keep  away 
improper  influence.  I  think  I  can  say  with  certainty,  from  my 
experience,  that  Onondaga  county  is  proud  of  County  Purchasing 
Agent,  Frank  X.  Wood.  I  was  glad  to  hear  what  Mr.  Hinckley 
said.  And  I  have  heard  from  other  men,  in  connection  with  the 
state  government,  that  Mr.  Wood's  office  is  a  wonderful  example  of 
what  can  be  done  when  a  man  really  sets  out  to  do  it  conscien- 
tiously and  applies  ability  and  sincerity  to  the  office.  I  have  great 
pleasure  in  introducing  Mr.  Frank  X.  Wood,  county  purchasing 
agent  of  this  county. 

Mr.  Frank  X.  Wood :  Mr.  Chairman,  ladies  and  gentlemen  :  I 
see  some  of  you  are  looking  at  your  watches.  I  know  what  that 
means.  And  for  your  comfort  I  want  to  state  that  while  these 
pages  are  rather  long,  they  are  not  very  numerous.  I  have  jotted 
down  here  what  I  want  to  say,  for  two  reasons ;  first,  so  that  I  may 
not  trespass  upon  your  time,  and  second,  because  sometimes  I  have 
had  the  experience  that  when  I  have  started  away  from  home  with 
some  data  or  facts  in  my  mind  that  I  wanted  to  pass  out,  I  have 
found  that  when  I  got  to  the  place  where  I  wanted  to  use  them  they 
had  slipped  out  and  gone  back  home.  Which  reminds  me  of  the 
colored  man  who,  when  criticized  by  his  pastor  for  being  late  at 
church,  said  it  was  because  of  a  heap  of  trouble  at  home.  In  the 
fi-rst  place  his  wife  went  to  the  chicken  house  and  left  the  chicken 
house  door  open,  and,  in  the  second  place,  chickens  came  out  and 
all  went  home  (laughter).  My  writing  this  paper  is  simply  locking 
up  the  chickens  so  as  to  have  them  ready  for  me. 


59 


ADDRESS 
*THE  PURCHASE  OF  MUNICIPAL  SUPPLIES" 

FRANK  X.  WOOD,  Purchasing  Agent  for  Onondaga   County 

There  is  scarcely  a  business  enterprise  of  any  magnitude  now- 
adays that  does  not  entrust  to  someone,  officer  or  employee,  the 
duty  of  purchasing  all  the  supplies  for  the  concern.  This  has  been 
proven  by  experience  to  be  the  most  satisfactory  and  economical 
method  of  handling  the  purchase  of  supplies.  A  municipality  is  a 
huge  business,  and  should  be  conducted  upon  business  lines.  While 
the  same  methods  cannot  always  be  applied  to  private  and  public 
business,  in  general  what  is  for  the  best  interests  of  the  former  will 
be  equally  advantageous  to  the  latter.  This  is  especially  true  of 
the  purchase  of  supplies.  I  can  tell  you  a  little  of  the  experie«ce 
of  Onondaga  County  along  that  line. 

Haphazard  Buying  the  Old  Way 

The  act  creating  the  office  of  purchasing  agent  for  this  county 
was  passed  in  the  year  1906,  and  constitutes  Chapter  20  of  the  laws 
of  that  year.  The  act  was  amended  in  some  minor  particulars  by 
Chapter  330  of  the  laws  of  1914.  Prior  to  1906,  when  any  depart- 
ment or  officer  of  the  county  desired  any  supplies,  he  went  out 
and  bought  them  for  himself,  wherever  and  in  what  amount  and 
for  whatever  price  he  saw  fit,  and  the  bill  for  the  same  was  subse- 
quently presented  for  audit  to  the  board  of  supervisors,  which  at 
that  time  met  in  annual  session  in  the  fall  of  each  year.  Except 
as  the  bills  were  kept  in  the  office  of  the  board  of  supervisors,  no 
records  of  these  purchases  were  kept,  and  it  would  have  been  a 
very  difficult  task  to  have  figured  out  just  how  much  was  spent 
each  year  by  any  particular  department.  For  sometime  prior  to 
1906,  it  had  been  apparent  to  many  interested  in  the  welfare  of 
the  county  and  who  were  anxious  to  apply  modern  business  meth- 
ods to  county  aflfairs,  that  the  system  of  haphazard  buying  by 
many  individuals  was  not  for  the  best  interests  of  the  county  and 
was  not  conducive  to  the  obtaining  of  the  lowest  prices.  Many  of 
the  departments  bought  the  same  class  of  goods,  but  by  buying 
in  different  places  and  in  small  quantities  to  meet  the  needs  of 
the  particular  department  purchasing,  instead  of  in  large  quan- 
tities to  meet  the  needs  of  all  of  the  departments,  the  county 
could  not  take  advantage  of  any  wholesale  rates.  It  was  thought 
by  those  who  were  giving  the  mattet  attention  that,  if  one  man 
could  be  entrusted  with  the  purchase  of  all  of  the  supplies  of  the 

60 


county,  and  if  he  could  give  his  entire  time  and  attention  to  this 
subject,  and  could  be  brought  in  close  contact  with  all  of  the 
departments  of  the  county,  so  that  he  might  know  their  needs  so 
far  as  supplies  were  concerned,  he  would  not  only  be  able  to  buy 
in  large  quantities  and  thus  obtain  a  better  price  for  the  county, 
but  he  would  become  an  expert  in  the  purchase  of  goods,  and  could 
give  much  more  time  and  attention  to  making  attractive  contracts 
and  getting  competition  than  the  various  heads  of  the  departments 
or  offices  of  the  county  could  possibly  do,  all  of  whom  were  charged 
with  the  performance  of  onerous  duties  other  than  the  purchase 
of  supplies.  Accordingly  the  act  which  I  have  referred  to  was 
drawn  and  passed  by  the  legislature  of  1906. 

The  Purchasing  Agent's  Functions 

Under  this  act,  with  the  exception  of  primary  and  election 
supplies,  the  purchasing  agent  is  required  to  make  all  purchases 
and  all  contracts  for  supplies  of  every  name  and  nature  for  the 
county  and  its  various  departments.  No  other  county  official  has 
the  power  to  bind  the  county  for  the  purchase  of  any  supplies. 
Prior  to  the  enactment  of  this  law  there  was  no  statute  which 
required  competitive  bidding  for  the  various  articles  purchased  by 
the  county,  nor  was  the  county  required  to  accept  the  lowest  bid, 
if  more  than  one  bid  was  presented.  Under  the  original  act,  if  the 
purchase  of  any  supplies  involved  an  expenditure  exceeding  $75.00, 
the  purchasing  agent  was  required  to  advertise  for  bids  for  at 
least  three  successive  days,  unless  he  could  purchase  the  goods 
from  the  state  prison  department,  and  he  was  required  to  let  the 
contract  to  the  lowest  responsible  bidder,  who  might  be  required, 
if  it  was  thought  proper,  to  give  security  for  the  performance  of 
his  contract. 

The  amendment  of  1914  made  it  possible  to  purchase  supplies 
without  competitive  bidding  where  the  amount  involved  did  not 
exceed  the  sum  of  $250,  and  also  permitted  the  purchasing  agent 
to  dispense  with  competitive  bidding,  even  though  the  amount 
involved  exceeded  $250,  whenever  it  is  determined  by  two-thirds 
vote  of  the  board  of  supervisors  that  it  would  be  impracticable 
to  advertise  for  such  bids,  and  also  in  any  case  where  the  heating, 
ventilating,  lighting  or  plumbing,  or  the  machinery  or  equipment 
of  any  of  the  public  bulidings  become  disabled.  The  head  of  the 
department  concerned  must  certify  in  writing  such  emergency  and 
the  necessity  of  immediate  repair ;  and  such  certificate  must  be 
approved  by  the  chairman  of  the  board  of  supervisors. 

61 


The  wisdom  of  the  creation  of  this  office  has,  in  my  opinion, 
been  fully  demonstrated.  I  do  not  know  how  much  has  been  saved 
to  the  county  by  the  present  method  since  1906,  but  I  am  very 
sure  that  the  office  has  saved  many  times  its  cost.  I  might  cite 
you  many  instances  of  saving,  but  will  content  myself  wath  one 
illustration.  Before  the  passage  of  this  act  one  of  the  depart- 
ments had  occasion  to  purchase  several  hundred  dollars  worth  of 
record  books.  The  price  paid  was  $17.00  apiece.  It  was  thought 
that  this  was  an  attractive  price.  Sometime  after  taking  office  a 
requisition  was  made  upon  me  for  more  record  books.  I  took  up 
the  purchase  of  these  books  with  several  firms.  I  explained  to 
them  that  the  county  would  be  in  the  market  for  many  of  such 
books,  and  that  it  would  be  a  good  advertisement  to  them  to  be 
able  to  say  that  they  had  placed  their  books  in  the  county  of  Onon- 
daga. The  result  was  that  I  got  several  firms  bidding  against  each 
other  in  the  hopes  that  they  might  get  their  books  in  all  the  depart- 
ments of  the  county,  and  we  purchased  the  same  kind  of  book, 
with  the  same  grade  of  paper  and  in  equally  good  binding,  for 
$8.50  each. 

This  office  each  year  purchases  supplies  amounting  to  about 
$300,000.  These  cover  almost  every  kind  and  variety  of  merchan- 
dise. We  purchase  groceries,  dry  goods,  drugs,  clothing,  plumbing 
supplies,  printing,  law  books,  machinery,  furniture,  lumber,  coal, 
rubber  goods,  wagons,  automobiles,  horses,  cattle,  and  in  fact 
supplies  of  every  name  and  nature. 

Great  Saving  to  Onondaga  County 

A  man  charged  with  the  sole  duty  of  purchasing  these  various 
supplies  can  keep  abreast  of  the  market  and  look  ahead  and  see 
what  likelihood  there  is  of  a  change  of  price  in  the  future,  and 
can  thus  be  put  in  a  position  to  take  care  more  intelligently  of 
the  interests  of  the  county.  This  is  illustrated  by  the  experience 
which  this  office  has  had  during  the  past  few  months,  when  the 
prices  of  all  merchandise  have  been  soaring  at  such  an  alarming 
rate.  Last  spring  I  was  informed  that  prices  of  many  commodities 
would  doubtless  be  very  much  increased.  Accordingly  I  brought 
this  matter  to  the  attention  of  the  various  departments  and  advised 
them  of  the  situation,  and  after  a  thorough  discussion  of  the  mat- 
ter, they  made  requisitions  for  various  supplies,  which  they  were 
reasonably  sure  they  would  need  for  sometime  to  come.  I  pur- 
chased three  thousand  tons  of  soft  coal  for  the  county  home  and 
fifteen  hundred  tons  for  the  penitentiary  at  a  price  under  $4.00  per 
ton ;  today  that  same  coal  would  cost  about  $7.00  a  ton.    This  has 

62 


meant  a  saving  to  the  county  of  substantially  $10,000.  I  purchased 
flour  for  $5.15  a  barrel  and  thereby  saved  the  county  substantially 
$5,000.  I  purchased  leather  at  forty-seven  and  forty-nine  cents  a 
pound,  which  today  could  not  be  bought  for  less  than  seventy- 
five  cents  a  pound.  I  mention  these  items  simply  to  show  that, 
when  one  man  is  charged  with  the  purchase  of  supplies  and  can 
give  his  entire  attention  to  the  subject  and  is  in  touch  with  the 
various  departments,  and  knows  in  general  about  what  they  will 
need  in  the  future,  he  can  study  the  situation,  and,  if  an  emergency 
arises  such  as  has  arisen  in  this  country  within  the  last  year,  he  is 
in  a  position  to  take  advantage  of  the  situation  and  better  protect 
the  interests  of  the  county  than  the  various  individuals  who  are 
charged  with  other  duties  and  buy  in  limited  quantities  only. 

It  is  needless  to  call  your  attention  to  the  great  advantages 
which  can  be  obtained  by  competitive  bidding.  Under  the  old  sys- 
tem in  vogue  here,  a  man  buying  in  small  quantities  would  not  be 
expected  to  invite  bids  for  his  purchase.  The  various  officials  buy- 
ing goods  at  that  time  sought  to  get  as  good  a  price  as  possible, 
and  doubtless  often  did  buy  as  close  as  any  person  could  have  done 
under  that  system.  But  when  you  have  one  man  charged  with 
the  sole  duty  of  buying  supplies  for  the  county,  he  is  in  a  position 
to  hammer  down  the  prices  and  to  go  out  and  look  for  competitive 
bidders. 

The  Question  of  Prison-Made  Goods 

I  believe  that  the  county  is  hampered  to  a  considerable  extent 
by  the  statute  which  requires  such  supplies  as  can  be  purchased 
from  the  superintendent  of  prisons  to  be  bought  from  that  depart- 
ment. This  requirement  is  contained  in  the  statute  creating  this 
office.  We  have  adhered  to  this  law,  and  when  that  department 
could  furnish  the  goods  which  we  desired  to  buy,  we  have  either 
purchased  the  goods  from  them  or  have  obtained  a  waiver  therefor. 
I  find,  however,  that  this  is  very  much  to  the  detriment  of  the 
county  for  two  reasons.  First,  I  have  found  in  many,  if  not  the 
great  majority  of  instances  that  I  can  obtain  a  better  price  for 
the  same  goods  in  the  open  market;  and,  in  the  second  place, 
many  of  the  goods  furnished  by  this  department  are  of  an  in- 
ferior quality.  I  believe  that  the  interests  of  the  public  would  be 
better  served  if  this  requirement  was  entirely  eliminated  from  the 
statute,  and  if  we  were  able  to  buy  these  goods  in  the  open  mar- 
ket, wherever  we  could  get  the  best  goods  for  the  least  money. 


63 


Methods,  Checks,  System 

The  statute  provides  that  the  head  of  the  department  or  official 
making  the  requisition  shall  check  up  all  purchases,  and  that  the 
order  issued  shall  be  receipted  by  such  official.  This  is  always 
attached  to  the  verified  bill  of  the  seller.  A  careful  check  on  all 
purchases  can  thus  be  had. 

The  Purchasing  Agents'  Act  requires  that,  upon  the  first  day 
of  each  month  or  at  the  regular  monthly  meeting  of  the  board  of 
supervisors,  the  purchasing  agent  shall  make  a  detailed  statement, 
showing,  up  to  a  certain  date  of  the  preceding  month,  all  purchases 
or  contracts  made  by  him,  the  quantity,  the  price  charged  for  each, 
and  to  what  official,  department  or  institution  the  purchases  were 
delivered.  The  board  of  supervisors  is  prohibited  from  auditing  or 
paying  any  bill  for  supplies  unless  it  shall  fully  appear  that  such 
supplies  were  ordered  by  the  purchasing  agent. 

Before  any  purchase  can  be  made,  requisition  must  be  made 
upon  the  purchasing  agent  by  the  head  of  the  department  for  the 
required  articles.  This  requisition  is  made  in  duplicate.  One  copy 
is  filed  in  the  department  making  the  requisition  and  the  original 
is  filed  in  the  office  of  the  purchasing  agent.  Departments  are 
required  to  make  monthly  requisitions  so  as  to  make  it  possible  to 
buy  in  quantities,  thus  reducing  the  cost.  Nearly  all  purchases 
are  made  under  competition.  As  I  have  already  stated,  we  adver- 
tise for  all  purchases  amounting  to  over  $250.00  so  far  as  is  prac- 
tical, and  the  contract  is  awarded  to  the  lowest  responsible  bidder. 
It  is  our  custom,  when  advertising,  to  notify  those  whom  we  know 
to  be  interested  and  liable  to  submit  bids,  and  the  list  thus  notified 
is  attached  to  the  specifications  and  filed  with  the  bids  after  they 
had  been  opened,  and  the  contract  awarded,  which  makes  a  com- 
plete record  of  the  transaction.  While  we  do  not  advertise  for 
the  smaller  purchases,  we  do,  however,  keep  them  so  far  as  possible 
under  competition  by  requiring  the  bidder  to  mark  his  price  on  a 
quotation  card,  which  is  at  once  sealed  until  the  time  of  opening, 
and  whoever  is  low,  meeting  the  specifications,  is  awarded  the 
contract. 

The  supplies  which  we  consider  it  impracticable  to  advertise 
for  are  horses,  cattle,  automobiles,  certain  kinds  of  machinery, 
articles  which  have  a  uniform  or  standard  price,  and  additional 
equipment  to  that  which  we  already  have  and  which  we  desire  to' 
keep  uniform. 

64 


Standardization 

One  of  the  things  we  have  tried  to  accomplish  is  to  bring  our 
supplies  down  to  a  uniform  basis  and  of  such  a  quality  as  to  give 
lis  the  greatest  efficiency.  To  illustrate :  In  one  office  I  found 
that  there  were  almost  at  many  different  kinds  of  paper  as  there 
were  blanks.  Today  in  that  same  off.ce  there  are  two  grades  of 
paper  used  which  can  be  procured  by  all  printers.  The  record  books 
are  made  of  40-pound  Byron-Weston  or  Brown's  paper.  The  blanks 
are  made  on  28-pound.  These  papers  must  carry  the  watermarks 
above  mentioned  and  meet  the  specifications  as  to  weight.  This 
brings  the  proposition  down  to  where  every  man  knows  what  he 
must  furnish.  In  order  to  accomplish  this,  some  jobs  had  to  be 
turned  down  before  we  could  make  the  bidders  thoroughly  under- 
stand what  our  intentions  were.  Now  we  have  very  little  trouble. 
What  I  have  stated  here  is  also  true  of  all  other  departments. 

Upon  the  requisition  of  the  department,  we  draw  orders  in 
triplicate,  one  for  the  head  of  the  department,  one  to  be  filed  in 
the  purchasing  agent's  office,  and  one  to  be  attached  to  the  verified 
bill  of  the  seller.  We  specify  on  these  orders  just  what  has  been 
purchased  so  that  the  head  of  the  department  is  able  intelligently 
to  check  up  the  supplies  delivered  and  certify  to  the  same,  which 
certificate,  with  the  bill,  is  returned  to  our  office.  At  the  time  of 
making  the  purchase  the  price  is  entered  upon  quotation  cards  by 
which  we  check  up  the  bills  as  they  are  returned  to  our  office  in 
order  to  detect  deviation,  if  any. 

With  the  exception  of  a  few  items,  our  purchases  are  all  made 
directly  from  the  jobber  or  wholesaler  and  they  give  us  the  regular 
cash  discount,  which  amounts  to  a  considerable  sum  in  the  course 
of  a  year.  A  complete  record  of  all  bills  is  kept  in  the  purchasing 
agent's  office,  giving  order  number,  date  of  order,  name  of  supplies, 
of  whom  purchased,  date  of  bill,  total  amount  of  bill,  and  date 
approved  to  the  clerk  of  the  board  of  supervisors.  Incidentally 
I  will  say  that  under  this  system  it  is  almost  impossible  for  a  dup- 
licate bill  to  get  through.  In  fact,  we  do  not  know  of  such  an 
instance  during  the  last  eleven  years. 

As  the  statute  has  already  indicated,  we  file  with  the  board  of 
supervisors  at  their  regular  monthly  meeting  a  detailed  statement 
showing  all  bills  passed  by  this  office  during  the  past  month.  We 
also  show  in  such  statement  the  total  amount  expended  by  the 
department  up  to  date,  which  is  brought  down  to  the  end  of  the 
fiscal  year, 

65 


Probably  no  system  is  perfect.  Experience  always  opens  the 
way  to  improvements.  Our  system  has  been  improved  since  the 
formation  of  the  office,  and  I  trust  may  be  generally  improved  in 
the  future.  But  the  principle  of  purchasing  all  county  supplies  by 
one  official  charged  with  that  duty  has  come  to  stay  in  this  county, 
and  is,  I  believe,  a  principle  which  should  be  adopted  by  every 
municipality. 

DISCUSSION 

Mr.  Raymond  Hamilton :  I  would  like  to  ask  just  one  question. 
I  understood  Mr.  Wood  to  say  that  he  bought  in  advance  in  antici- 
pation of  rising  prices.  Where  is  the  extra  material  stored?  In 
central  distributing  points?  Or  is  the  surplus  sent  to  the  various 
places  in  which  it  will  probably  be  used?  If  the  latter,  what  check 
is  there  upon  the  extra  portion,  that  will  prevent  it  from  being 
taken  until  the  proper  time  for  its  consumption? 

Mr.  Wood :  Well,  now,  we  have  storage  for  coal  at  each  insti- 
tution. We  have  store  rooms  at  each  place,  so  that  our  flour  is 
delivered  to  each  institution  in  bulk. 

Mr.  Hamilton :  What  system  of  check  that  it  will  not  be  un- 
duly used  or  abstracted? 

Mr.  Wood:  There  is  no  system  that  will  stop  dishonesty  or 
make  a  man  honest.  But  the  better  the  system,  possibly,  the  harder 
it  is  for  a  man  to  be  dishonest.  For  instance,  at  our  penitentiary, 
as  I  specified  in  the  paper,  we  specify  on  the  orders  what  they  are 
to  receive.  If  it  is  Davis  baking  powder,  pound  cans,  it  goes  down 
as  Davis  baking  powder,  pound  cans.  The  superintendent  is  the 
man  who  has  to  check  up.  In  all  of  our  departments  we  have  what 
we  call  receiving  books,  so  that  when  the  goods  come  in  they  are 
put  down  in  the  books,  just  what  they  have  received,  and  then  they 
check  up  their  bills  by  those  books.  At  our  penitentiary,  whatever 
goes  down  to  the  lower  kitchen  is  there  counted  and  weighed,  and 
a  slip  made  out  certifying  it  to  the  man  who  keeps  the  receiving 
books.  In  the  other  kitchen  the  same,  and  out  in  the  machine  shop 
the  same.  And  these  every  morning  are  sent  in  to  the  man  who 
keeps  the  record.  Now  we  have  confidence  that  people  are  honest, 
and  so  long  as  we  do  business  we  have  got  to  have  that  confidence. 

Mr.  Hinckley:  I  would  like  to  ask  you  a  question.  We  have 
up  there  in  Erie  County  a  purchase  supply  committee,  and  this  com- 
mittee advertises  and  buys  every  two  months,  and  some  years, 
when  I  was  chairman  of  the  committee,  our  committee  sent  out 
and  invited  all  the  different  concerns  who  were  bidding  on  goods 
for  the  county  to  come  in  and  we  all  sat  around  the  room  there  and 

66 


tried  to  get  a  uniform  basis.  We  got  out  a  list  so  that  it  would  be 
fair  for  everybody.  Then  we  had  an  investigator,  and  this  investi- 
gator is  in  Mr.  Buck's  office.  He  drops  into  these  institutions  and 
checks  and  weighs  everything.  It  is  really  a  double  check.  But 
here  is  what  I  wanted  to  ask  you.  Don't  you  give  the  keepers, 
superintendents,  or  whatever  you  call  them  here,  any  leeway  at  all? 
Aren't  they  allowed  to  buy  anything.  What  about  perishable  stuff, 
such  as  vegetables  or  delicacies  for  their  own  table. 

Mr.  Wood:  Only  emergency  supplies.  That  would  be  classed 
as  emergency  supplies. 

Mr.  Gilbertson :  I  was  going  to  ask  Mr.  Wood  if  he  makes  out 
any  standard  specifications,  such  as  are  provided  by  the  bureau  of 
standards  at  Washington? 

Mr.  Wood :  What  do  you  mean,  in  regard  to  the  purchase  of 
coal?  We  do  not.  We  have  tried  to  buy  coal  by  the  B.  T.  U, 
We  have  bought  a  great  deal  of  buckwheat  coal  on  a  specification 
whereby  the  seller  if  he  falls  down  on  his  analysis  has  to  pay  for 
his  analysis.  But  the  county  doesn't  go  into  those  things  like  the 
United  States  Government. 

(The  morning  session  was  then  adjourned.) 

THIRD  SESSION,  FRIDAY  AFTERNOON, 
December  15,  1916. 

Chairman :  DR.  JOHN  H.  PARMEXTER,  of  Geneva. 
[The  third  session  of  the  conference  was  held  at  the  close  of  the  luncheon 
served  in  the  cafe  annex  of  the  Hotel  Onondaga,  on  Friday,  December  15,  1916, 
at  2  p.  m.,  with  Dr.  John  H.  Parmenter,  of  Geneva,  chairman  of  the  Board  of 
Supervisors  of  Ontario  County  and  vice-president  of  the  County  Government 
Association,   as  chairman.     Dr.    Parmenter  said:] 

Ontario  County,  which  has  bred  very  few-  devils  and,  so  far  as 
I  know,  no  angels,  is  a  very  pleasant  little  county,  without  much 
history;  and  that  it  should  have  been  selected,  through  its  repre- 
sentative, to  preside  at  one  of  your  meetings,  is  to  it  a  very  simple 
expression  of  esteem.  This  has  been  my  first  opportunity  to  attend 
this,  the  second  meeting  of  this  association.  I  am  more  than  ever 
satisfied,  after  having  read  the  deliberations  which  were  published 
of  the  first  conference,  and  having  heard  what  I  have  at  this,  that 
this  good  work  is  just  beginning,  and  it  should  go  on  and  roll  up 
influence  for  the  future  in  the  correction  of  abuses  which  we  know 
exist  and  which  are  crying  for  betterment.  Some  have  made  the 
suggestion,  which  I  think  should  be  voiced,  to  the  officers  and  par- 
ticularly to  the  Vice-Presidents  who  are  present,  and  the  same 
remark  w^ould  apply  to  boards  of  supervisors,  that  is,  that  we  make 
an  effort  to  establish  in  every  county  local  units,  which  shall  be,  we 

67 


will  say,  sub-associations  of  this  the  parent  association.  Preferably 
its  composition  should  be  made  up  of  all  existing  officials,  so  far  as 
interested  officials  can  be  obtained.  Of  course,  no  citizen  who  had 
the  good  work  of  improvement  in  county  government  at  heart 
would  be  excluded  from  it.  Everybody  would  be  welcome.  But  I 
do  feel  that  if  we  had  only  ten  or  twelve  or  fifteen  men  in  each 
county,  responsible  to  this  association,  calling  each  local  unit  after 
its  counties,  for  example,  the  Ontario  branch  of  the  County  Govern- 
ment Association,  and  if  we  have  much  more  frequent  meetings  of 
those  local  branches  than  is  possible  with  this,  that  the  sum  total  of 
contributions  which  would  result  from  the  deliberations  of  those 
various  bodies  would  be  something  valuable  for  this  association  to 
begin  with.  In  other  words,  the  child  would  be  contributing  to  the 
parent. 

In  the  second  place,  these  branches  would  be  an  influence  for 
adjoining  counties  which  perhaps  might  be  invited  to  co-operate  in 
the  work  and  ultimately  be  induced  to  form  local  associations  of 
their  own.  This  work  must  go  on.  We  who  have  had  any  official 
relationship  with  municipal  duties  know  the  crying  needs,  and  I 
think  that  everyone  who  is  famiHar  with  it  is  getting  his  head  more 
and  more  filled  with  the  desire  to  accomplish  something. 

Now  one  personal  note.  In  1911  perhaps  there  was  nobody  in  the 
state  of  New  York  more  ignorant  of  certain  conditions  than  I.  And 
by  chance,  and  purely  by  chance,  in  the  office  of  the  clerk  of  the  board 
of  supervisors  of  Ontario  County,  I  came  upon  the  first  bulletin 
issued  by  the  Westchester  Research  Bureau,  and  I  say  to  you  that 
it  read  like  a  very  interesting  tale,  and  I  want  to  pay  my  personal 
tribute  to  Mr.  Cartwright  here  and  now  that  my  first  inspiration 
came  from  that.  I  believe  that  it  is  through  such  mediums  that  we 
must,  in  an  educational  way,  get  other  people  fired  with  the  same 
thing.  This  is  not  to  say  for  the  moment  that  overmuch  has  been 
accomplished;  but  at  least  the  zeal  has  been  implanted,  and  if  you 
can  get  enthusiasm  in  the  human  breast  the  possibilities  of  what 
may  happen  cannot  easily  be  foretold.  It  is  therefore  with  great 
pleasure  that,  owing  to  a  change  of  program,  I  see  that  Mr.  Cart- 
wright  is  the  first  speaker,  and  he  will  address  you  on  the  subject 
of  centralization  of  control  over  the  administration  of  various 
county  departments. 


CONCENTRATION  OF  RESPONSIBILITY  IN  COUNTY  GOV- 
ERNMENT, AS  ILLUSTRATED  IN  CERTAIN  RECENT 
DEVELOPMENTS  IN  WESTCHESTER  COUNTY. 

OTHO  GRANDFORD  CARTWRIGHT,  Secretary  of  the  County  Government 

Association. 

I  wish  that  the  trustees  of  the  Westchester  County  Research 
Bureau,  of  which  I  am  field  director,  could  hear  from  every  one  as 
directly  as  from  Dr.  Parmenter,  of  Ontario  County,  about  the  work 
that  is  the  result  of  the  humble  efforts  of  our  Bureau  The  Bureau 
has  received  a  good  many  gratifying  letters  from  various  parts  of 
the  country  in  witness  of  its  efforts  for  civic  betterment,  and  such 
testimonials  make  our  contributors  feel  that  their  funds  have 
brought  gratifying  results.  I  am  not  called  on  here  to  speak  of  this 
topic,  but  I  cannot  forbear  mentioning  it. 

But  I  am  requested  to  take  the  place  of  Mr.  Frederick  P.  Close, 
member  of  the  board  of  supervisors  of  Westchester  County,  and 
tell  you  of  the  improvements  in  the  way  of  concentration  of  respon- 
sibility that  have  taken  place  in  that  county,  and  to  ask  your  sober 
judgment  upon  whether  they  have  resulted  in  greater  or  lesser 
democracy. 

I  am  sorry  that  you  have  not  before  you  the  man  who  is  really 
the  subject  of  the  first  topic  that  I  am  supposed  to  discuss ;  but  Mr. 
Macy  is  a  very  modest  man,  and  it  is  hard  to  get  him  to  appear  in 
any  capacity  where  he  has  to  make  a  speech.  Even  in  his  political 
campaigns,  he  did  only  so  much  of  that  as  was  necessary  to  keep 
opponents  and  others  from  misrepresenting  his  aims  and  purposes. 
We  had  him  on  this  program  at  first,  but  one  of  the  many  boards  of 
directors  of  which  he  is  a  member  scheduled  a  meeting  right  in  the 
middle  of  our  conference,  and  we  had  to  give  him  up. 

He  is  now  the  commissioner-elect  of  charities  and  correction, 
for  Westchester  County,  and  is  actual  superintendent  of  the  poor 
of  that  county.  Due  to  a  new  act  of  the  legislature,  the  latter 
office  goes  out  of  existence  on  January  1st  next,  and  the  former, 
larger  office  takes  its  place.  He  therefore  succeeds  himself  in  the 
same  office  only  a  bigger  one. 

I  think  that  in  describing  the  work  of  the  new  commissioner  of 
charities  and  correction,  I  can  do  no  better  than  to  present  a  recent 
paper  by  Mr.  Winthrop  D.  Lane,  in  the  "Survey,"  which  probably 
some  of  you  have  already  read.  The  County  Government  Associa- 
tion has  reprinted  it  by  permission  of  the  "Survey,"  and  any  of  you 

69 


who  desire  may  obtain  copies  from  the  table  here.     The  paper  is 
entitled  "A  Rich  Man  in  the  Poor  House." 

Mr.  Cartwright  then  made  a  brief  resume  of  Mr.  Lane's  account 
of  the  administration  of  charities  in  Westchester  County  by  Mr.  Macy 
under  the  existing  poor  law — the  general  statutes  of  New  York  state. 
Particular  emphasis  was  laid  'upon  the  points  that  Mr,  Macy,  as  su- 
perintendent of  the  poor,  had  not  merely  carried  out  the  positive  duties 
made  mandatory  upon  his  ofifice  by  the  provisions  of  the  statute,  but 
had  performed  the  additional  functions — so  unusual  in  a  county  official 
— of  devoting  himself  to  ascertaining  through  study  and  investigation 
and  experiment  the  utmost  service  that  the  laws  would  permit  him  to 
perform  for  the  county.  Instead  of  the  attitude,  "What  must  I  do  to 
satisfy  the  letter  of  the  law  ?"  his  attitude  is  "What  is  the  utmost  that 
I  can  do  for  the  public  without  transgressing  the  law  ?" 

He  showed  how  Mr.  Macy's  work  had  broadened  and  deepened 
the  service  and  the  significance  of  the  office  of  superintendent  of  the 
poor,  and  had  finally  triumphed  in  securing  enactment  of  a  statute  for 
Westchester  County  creating  a  department  of  charities  and  correction, 
limiting  the  pernicious  powers  of  local  overseers  and  magistrates  as 
regards  charitable  relief,  and  centralizing  all  these  things  in  the  hands 
of  one  commissioner,  who  has  power  to  appoint  all  his  deputies  and 
assistants. 

He  showed  how,  under  the  administration  of  such  an  officer,  poor 
relief  had  expanded,  poverty  decreased,  dependent  children  had  been 
provided  for,  and  the  efficiency  of  the  department  and  of  its  actual 
service  to  the  public  increased  many  hundred  per  cent.* 

Mr.  Cartwright  continued  as  follows : 

The  great  point  of  political  science  brought  out  in  Mr.  Lane's 
paper  is  that,  in  wisely  centering  power  and  responsibility 
in  a  single  officer,  we  have  lost,  as  it  appears  to  me,  not  a 
whit  of  democratic  government.  We  have  an  administrative 
officer  whom  we  elect,  but  who  is  directly  responsible  to  us.  But 
he  may  appoint  everybody  else  in  his  department,  and  hold  them 
responsible  to  him  for  good  service.  If  we  had  logically  extended 
the  old  system,  we  should  elect  the  head  of  each  institution,  and 
have  that  many  more  officers  to  be  nominated  by  the  closed  circles 
of  political  committees,  and  such  party  names  confirmed  by  popular 
ballot.    Instead,  we  have  democracy,  because  the  people  select  their 


•  Mr.  Lane's  paper,  entitled  "A  Rich  Man  in  the  Poor  House."  has  been  reprinted  by 
the  County  Government  Association  in  a  separate  pamphlet,  and  will  be  sent  to  any  address 
on  application.     Therefore   it  is  not   reproduced  in   this   report. 

70 


own  man  to  do  the  nominating  as  well  as  the  appointing,  and  are 
able  to  trust  him. 

The  new  buildings  which  accompany  and  which  have  resulted 
from  this  re-organization  are  a  county  alms  house,  a  county  peni- 
tentiary and  a  county  hospital.  In  addition  to  that  we  are  building 
a  court-house,  which  is  about  completed  and  ready  to  move  into. 
That  is  at  White  Plains. 

I  would  like  to  say  a  word  also  in  regard  to  the  building  com- 
mission, because  that  also  emphasizes  the  value  of  the  principle 
that  this  association  stands  for,  namely,  that  the  concentration  of 
governmental  power  in  the  hands  of  a  small  group  directly  respon- 
sible to  the  public,  the  acts  of  which  small  group  are  illuminated  by 
the  white  light  of  publicity,  gives  a  great  deal  better  service  for  a 
great  deal  less  money  than  any  other  form  where  it  is  scattered 
under  separate  heads  or  committees  who  are  not  responsible  to 
anybody.  In  the  illustration  already  given  you  have  grouped  part 
of  the  sheriff's  functions  and  all  the  superintendent  of  the  poor's 
functions.  You  have  also  seen  their  chief  duties  taken  away  from 
the  local  overseers  of  the  poor.  And  you  have  put  all  these  things 
into  the  hands  of  centralized  authority,  who  is  given  power  to 
administer  it  all  according  to  his  own  best  judgment,  but  at  the 
same  time  he  has  got  to  be  responsible  to  the  public.  That  is  where 
you  get  good  government,  and  that  is  democracy.  Now,  give  your 
attention  to  our  second  illustration,  the  Westchester  County 
Building  Commission.  We  had  all  these  buildings  to  build, 
and  it  was  estimated  they  would  cost  from  two  and  a  quarter 
milHons  to  two  and  a  half.  When  the  plans  were  submitted  people 
said  you  cannot  build  those  for  less  than  from  five  to  ten  million 
dollars.  But  here  is  how  the  matter  was  handled.  We  have  a  com- 
mission appointed  by  statute — a  dangerous  expedient  usually,  to 
handle  the  matter  without  having  their  bills  audited  by  the  board 
of  supervisors.  You  know  how  that  kind  of  a  plan  customarily 
works  out.  Commissions  will  graft  and  they  will  let  contracts  in 
such  a  way  as  to  favor  themselves  and  their  friends.  But  here  is  a 
commission  that  doesn't.  The  bad  feature  of  the  law  is  that  the  act 
itself  names  the  three  commissioners  who  are  to  handle  this  work. 
But  it  happened  that  in  this  instance  they  picked  out  able  men  for 
that  job,  and  our  Bureau  has  co-operated  with  them,  and  had  the 
pleasure  of  seeing  that  they  put  in  a  clean  simple  system  of  keeping 
their  accounts  and  records.  They  opened  everything  for  public 
inspection.  They  insisted  on  real  competition  in  the  bids  for  these 
buildings.  They  drew  up  a  form  of  contract  that  is  thorough  and 
its  details  worked  out  to  the  last  item.    They  put  in  charge  of  the 

71 


building  construction,  after  the  contracts  were  let,  their  own  super- 
vising architect  and  engineer,  who  is  on  the  job  all  the  time,  and 
who  doesn't  hesitate  an  instant  to  rip  out  what  is  not  according  to 
specifications.  The  court-house  is  nearly  completed.  It  is  to  be 
done  for  six  hundred  thousand  dollars.  I  am  told  that  it  is  just  as 
good  a  court-house  as  you  have  here,  in  Onondaga  County,  though 
not  quite  so  large,  and  it  is  not  going  to  cost  six  hundred  thousand 
dollars,  though  you  paid  more  than  three  times  that  amount  for 
your  court-house. 

If  that  building  had  been  in  the  hands  of  the  board  of  super- 
visors as  the  hall  of  records  and  the  supreme  court  wing  of  the 
old  court-house  were,  it  would  have  cost  us  at  least  a  million. 

Now,  here  are  two  instances  of  centralization.  Have  we  lost 
or  gained  in  democracy  by  these  experiments? 

Mr.  Parmenter  :  The  next  speaker  scheduled  upon  the  program 
is  Mr.  Frank  Crocker,  of  Nassau  County.  He  is  unavoidablv  absent, 
and  the  next  address  will  be  by  Mr.  Graves,  the  Chief  of  the  Bureau 
of  Municipal  Accounts  in  the  state  comptroller's  office.  I  am  sure 
that  all  of  us  who  have  had  to  do  with  county  government  feel  a 
big  lot  of  indebtedness  to  the  comptroller's  office,  for  a  proper 
understanding  of  our  financial  relations  with  each  other  and  with 
our  larger  units,  and  I  know  we  will  all  listen  with  great  pleasure 
and  profit  to  Mr.  Graves. 

MR.    MARK  GRAVES 

Mr.  Graves :  Mr.  Chairman  and  gentlemen.  I  did  not  know 
until  yesterday  morning  that  I  was  expected  to  come  here. 
Deputy  Comptroller  Lee  had  been  invited  to  address  you  and  it  was 
not  until  yesterday  morning  that  he  knew  for  sure  that  he  could 
not  be  present.  He  called  me  into  his  office  and  told  me  that  I  was 
expected  to  say  something  on  the  subject  of  "Simplification  of 
County  and  Local  Municipal  Finances."  On  arriving  in  Syracuse 
this  morning  and  looking  at  the  program  I  find  I  am  expected  to 
talk  on  "State  Supervision  of  County  Business."  While  the  two 
topics  may  be  somewhat  related,  perhaps  what  I  had  prepared  to 
say  on  the  one  is  hardly  applicable  to  the  other.  Nevertheless,  as 
I  intended  to  talk  largely  shop,  it  perhaps  doesn't  matter  which 
of  the  two  titles  is  put  over  the  top  of  my  discussion. 

In  1905  our  present  Senator  Mr.  Wadsworth  fathered  a  bill 
which  provided  for  an  examination  of  the  affairs  of  counties  and 
cities  and  villages  by  examiners  appointed  by  the  state  comptroller. 
That  law  was  not  put  into  active  operation  until  1907,  at  which  time 

72 


the  comptroller  established  a  bureau  of  municipal  accounts  and 
employed  five  accountants  and  investigators,  or  examiners,  which- 
ever you  may  term  them,  to  make  examination  of  the  municipalities 
under  his  jurisdiction.  I  happen  to  be  one  of  the  five  men  selected 
to  do  that  work,  and  since  October,  1907,  I  have  been  closely  asso- 
ciated with  the  work  of  the  department.  Last  year  I  was  put  in 
charge  of  the  bureau  having  the  direction  and  operation  of  their 
work.  Therefore  in  what  I  say  to  you  today  I  speak  from  intimate 
touch  with  the  work. 

I  am  not  what  our  friend  Qiilds  would  say  is  a  political  scien- 
tist. A  proposal  for  betterment  appeals  to  me  largely  from  the 
standpoint,  "Is  it  possible  of  operation?"  If  you  suggest  a  law,  as 
Mr.  Childs  did  suggest  some  legislation  today  at  our  luncheon,  I  am 
interested  only  to  such  extent  as  I  believe  it  can  be  enacted  by  the 
legislature.  I  have  been  at  Albany  long  enough  to  know  that  we 
cannot  always  get  the  best  law.  We  sometimes  have  to  be  content 
with  compromise.  Therefore,  I  fear  that,  in  some  respects  at  least, 
what  I  say  to  you  may  not  be  interesting;  because  the  purpose  of 
this  conference  is  the  subject  of  better  county  government. 

Since  1907  we  have  made  examinations  in  every  county  of  the 
state,  excepting  only  those  included  wholly  within  the  city  of  New 
York,  over  which  we  have  no  jurisdiction.  In  addition  to  making 
such  examinations,  we  have  done  much  constructive  work  along 
the  line  of  the  accounting  of  counties.  In  1910,  the  then  comp- 
troller, Clark  Williams,  delegated  Mr.  Spencer,  who  is  in  the  room 
at  the  present  time,  to  formulate  something  along  the  line  of  uni- 
form accounting,  and  since  1910  I  may  safely  say  there  has  been  a 
decided  improvement  in  most  of  the  counties  of  the  state  in  their 
accounting  methods.  This  year  Mr.  Spencer  and  I,  in  a  conversa- 
tion in  Albany,  decided  that  the  time  was  now  opportune  for  review 
of  what  had  been  done  along  the  line  of  improved  accounting 
methods  in  counties,  and  to  revise  the  proposal  and  to  elaborate  it  in 
some  respect  and  cut  it  down  in  others,  and  Mr.  Spencer  is  now 
engaged  in  that  work,  and  I  hope  before  another  year  has  rolled 
around  we  will  have  formulated  and  be  prepared  to  install  in  the 
various  counties  of  this  state  a  uniform  system  of  accounts,  which 
will  not  only  be  practical  of  operation  but  which  will  be  in  line  with 
the  best  opinion  on  accounting  methods  of  municipalities.  Because 
this  proposal,  which  we  are  working  on,  is  not  in  final  form  I  cannot 
naturally  tell  you  of  just  what  it  will  consist,  but  its  general  fea- 
tures are  discussed  later  on  the  paper  that  I  am  to  present  to  you. 


T3 


ADDRESS 
"SIMPLIFICATION  OF  COUNTY  AND  LOCAL  MUNICIPAL 

FINANCES" 

MARK  GRAVES,  Chief  of  Municipal  Accounts  Bureau,  N.  Y.  State 
Comptroller's    Department 

My  work  for  the  nine  past  years  has  brought  me  into  intimate 
touch  with  the  finances  of  the  several  counties  of  the  state  and 
with  those  of  the  municipal  subdivisions  thereof.  As  I  view  it,  the 
finances  of  counties,  cities  and  towns  are  not  complex.  General 
laws  and  city  charters  provide  the  means  and  outline  the  plan  of 
financing  them.  Except  for  lack  of  uniformity  of  laws  respecting 
the  issuance  of  temporary  loans  and  funded  debts,  I  consider  the 
general  scheme  or  plan  of  financing  the  municipal  subdivisions  of 
the  state  comparatively  simple.  I  do  not  mean  by  this  that  I  con- 
sider it  to  be  the  best,  but  rather  that  the  best  might  be  no  more 
simple. 

There  are  in  this  state  57  cities :  three  of  the  first  class,  seven  of 
the  second  class  and  47  of  the  third  class.  The  finances  of  cities 
of  the  first  class  are  not  to  any  great  extent  interwoven  with  or 
related  to  county  finances.  The  second-class  cities  operate  under 
the  second-class  cities  law,  a  law  which  is  perhaps  the  best  of  its 
kind  in  the  country.  Each  of  the  47  third-class  cities  has  a  special 
charter.  There  is  but  little  similarity  between  those  charters.  It 
is  not  practicable  to  consider  them.  Hence  I  take  it  that  for  the 
purposes  of  this  discussion  I  may  limit  my  remarks  to  the  finances 
of  counties  and  towns. 

There  are  many  respects  in  which  I  believe  improvement  may 
well  be  made  in  the  organization  of  and  in  the  plan  for  financing 
such  municipalities.  Perhaps  the  two  most  noticeable — at  least, 
the  two  most  urgently  in  need  of  correction — are : 

(1)  Changes  in  the  plan  of  formulating  the  financial  program 
of  counties  and  towns  for  a  given  fiscal  period,  and  for  arriving  at 
and  stating  the  sums  to  be  levied  by  tax  therein. 

(2)  Better  and  more  accurate  systems  of  accounting — sys- 
tems which  will  reflect  the  financial  condition  of  such  municipali- 
ties, the  sources  of  revenue  and  the  objects  of  expenditure. 

Scattered  and  Diverse  Statutes  Control  Procedure 

I  invite  your  attention  first  to  the  procedure  required  to  be 
followed  in  financing  a  town. 

Towns  and  town  officers  have  no  power  to  levy  taxes.  That 
authority  is  vested  in  the  board  of  supervisors  of  the  county. 

74 


The  law  does  not  outline  and,  in  fact,  does  not  generally  per- 
mit of  the  formulation  of  a  sensible  town  budget. 

Section  133  of  the  town  law  provides  that  all  accounts,  claims 
and  demands  against  a  town  shall  be  audited  by  the  town  board, 
or  board  of  town  auditors  if  there  be  one;  that  such  board  shall 
issue  for  each  account  audited  duplicate  certificates  of  audit,  one 
of  which  shall  be  filed  in  the  office  of  the  town  clerk  and  the 
other  delivered  to  the  supervisor  and  by  him  laid  before  the  board 
of  supervisors  at  its  annual  session  as  a  basis  for  the  levy  of  a  tax. 
It  will  be  observed  in  passing  that  the  tax  to  pay  town  audits  is 
levied  at  the  end  of  the  fiscal  year. 

Section  93  of  the  highway  law  outlines  a  plan  to  be  followed 
in  arriving  at  sums  necessary  to  be  levied  for  various  highway 
purposes  in  advance.  It  requires  an  estimate  by  the  town  superin- 
tendent of  the  highways,  a  revision  and  approval  of  the  estimate 
by  the  town  board,  and  finally  the  certification  of  the  amounts  so 
determined  upon  to  the  board  of  supervisors,  and  then  proviaes 
that  the  board  shall  include  the  amounts  so  certified  in  the  next 
tax  levy  of  the  town. 

Sections  190  and  191  of  the  town  law  require  the  supervisor 
to  submit  to  the  board  of  supervisors  at  its  annual  session  a  state- 
ment of  the  debts  of  the  town,  specifying  the  amount  thereof 
falling  due  during  the  forthcoming  year  and  the  amount  required 
to  pay  interest  thereon,  and  such  sums  are  required  to  be  levied 
in  the  annual  tax. 

Section  138  of  the  town  law  outlines  the  procedure  to  be  fol- 
lowed in  placing  before  the  board  of  supervisors  information  upon 
which  to  levy  a  tax  to  meet  an  appropriation  voted  at  a  town 
meeting. 

Section  27  of  the  poor  law  describes  how  an  estimate  may  be 
made  by  the  overseer  of  the  poor  of  a  town,  how  his  estimate  may 
be  reviewed  and  finally  certified  to  the  board  supervisors  for 
incorporation  in  the  town  tax. 

Articles  11,  12,  13  and  14  of  the  town  law  contain  provisions 
for  certifying  to  the  board  of  supervisors  the  sums  necessary  to 
pay  the  expenses  of  sewer,  light,  water  and  fire  districts  respec- 
tively. 

From  this  you  will  observe  that  the  sources  from  which  the 
board  of  supervisors  determines  the  amount  to  be  levied  by  tax 
upon  a  given  town  for  local  purposes  are  numerous  and  diverse. 


75 


Town  Budgets  Practically  Prohibited  by  Law! 

I  wish  to  make  two  points  in  thi?  connection : 
First — At  no  place  in  the  town  are  there  assembled  the  various 
elements  of  the  town  budget — upon  no  officer  or  board  of  the  town 
is  the  duty  of  compiling  a  town  budget  imposed  and  no  means 
provided  by  which  citizens  and  taxpayers  can  ascertain  in  advance 
of  the  final  action  of  the  supervisors  for  what  purposes  and  in 
what  amounts  taxes  will  be  levied.  The  board  of  supervisors  is 
made  the  clearing  house  for  this  mass  of  certificates  and  reports. 
Upon  it  is  imposed  the  duty  of  assembling  numerous  town  budgets 
with  no  means  of  knowing,  when  it  has  finished  its  work,  that  it 
has  received  and  acted  upon  all  the  reports  which  should  have  been 
presented  to  it,  and,  what  is  more  important,  without  the  authority 
to  question  the  amounts  certified  for  levy. 

A  report  of  an  examination  of  one  of  the  counties  of  this 
state  which  recently  came  to  my  desk  discloses  it  to  have  been 
the  practice  in  that  county  to  levy  as  a  town  tax  on  any  given 
town  such  sums  as  the  supervisor  of  the  town  wished  to  have 
included;  this  without  regard  to  any  of  the  provisions  of  law  to 
which  I  have  referred. 

Secondly — This  unbusinesslike  and  confusing  procedure  is  re- 
quired by  law.  In  many  of  the  towns  of  the  state  an  eflfort  has 
been  made  to  formulate  within  the  town  a  town  budget ;  however, 
that  is  not  permissible  under  the  statutes.  I  am  firmly  convinced, 
and  I  venture  to  say  that  every  person  familiar  with  conditions 
will  agree  with  me,  that  the  town  law  should  be  so  amended  as 
to  provide  for  the  formulation  of  a  town  budget  by  town  officials. 
It  should  require  the  budget  to  be  made  up  in  such  form  as  to 
show  the  purposes  for  which  town  funds  are  intended  to  be  spent, 
the  amount  of  each  appropriation,  an  estimate  of  revenues  to  be 
received  from  sources  other  than  taxation,  and  finally  the  amount 
to  be  raised  by  tax.  An  opportunity  for  taxpayers  to  appear  and 
be  heard  respecting  budget  appropriations  should  be  aflForded,  and 
when  the  budget  so  compiled  and  adopted  is  in  final  form  it  should 
be  submitted  to  the  board  of  supervisors  over  the  signature  of 
the  members  of  the  town  board  or  a  majority  of  them. 

The  legislature  of  1916  took  a  step  in  the  right  direction  when 
it  enacted  chapter  396,  by  which  a  new  article  was  added  to  the 
town  law,  applicable  only  to  towns  having  a  population  of  five 
thousand  or  more,  and  an  assessed  valuation  of  taxable  property 
of  five  million  dollars  or  more.  If  you  are  not  familiar  with  that 
statute,  I  hope  you  may  be  sufficiently  interested  to  examine  it. 

76 


I  consider  it  defective  in  only  two  respects :  first,  it  is  permissive, 
not  mandatory,  and  second,  it  is  applicable  only  to  certain  towns. 
I  believe  the  legislature  might  well  make  that  article  mandatory 
and  applicable  to  every  town  in  the  state. 

Cotmty  Financing  Equally  as  Bad 

Turning  from  the  affairs  of  towns  and  examining  the  provi- 
sions applicable  to  the  finances  of  counties,  we  find  a  situation 
equally  as  bad.  The  board  of  supervisors  is  charged  with  the  duty 
of  determining  the  amounts  to  be  levied  by  tax  for  county  pur- 
poses. There  is,  however,  an  absolute  lack  of  legal  provisions 
concerning  the  procedure  to  be  followed. 

vSubdivision  2  of  section  12  of  the  county  law  provides  that 
the  board  of  supervisors  shall  audit  all  accounts  and  charges  against 
the  county  and  direct  annually  the  raising  of  sums  necessary  to 
defray  them  in  full,  and  section  242  of  the  same  act  reads  in  part 
as  follows: 

"The  money  necessary  to  defray  the  county  charges  of  each  county  shall 
be  levied  on  the  taxable  property  in  the  several  towns  therein,  in  the  manner 
prescribed  in  the  general  laws  relating  to  taxes." 

Except  for  the  ambiguous  and  incomplete  provisions  respecting 
estimates  of  sums  needed  for  a  forthcoming  fiscal  year,  referred 
to  in  section  239  of  the  county  law,  there  is  absolutely  no  provi- 
sion which  controls  or  outlines  the  procedure  to  be  followed  by  the 
board  in  making  up  the  county  budget.  In  fact,  I  venture  to  say 
that  it  is  possible  in  counties  of  this  state  for  the  board  of  super- 
visors to  adopt  a  resolution  to  the  effect  that  $500,000,  or  such 
other  sums  as  may  be  agreed  upon,  shall  be  raised  by  tax  to  defray 
the  various  expenses  of  county  government  for  a  forthcoming  year 
without  there  being  the  slightest  chance  of  restraining  the  levy  of 
a  tax,  unless  the  party  seeking  to  restrain  its  levy  can  produce 
facts  showing  that  such  a  sum  is  not  needed  or  that  it  is  intended 
to  be  spent  by  the  board  for  other  than  county  purposes.  If  this 
statement  be  true,  it  must  be  concluded  that  an  absurd  condition 
respecting  the  finances  of  counties  exists. 

Again,  the  county  law  contains  no  requirement  that  the  board 
of  supervisors  shall  provide  in  advance  the  sums  necessary  to 
defray  the  expenses  of  the  county.  In  actual  practice  some  of  the 
larger  counties  of  the  state,  notably  Erie,  Onondaga,  Westchester 
and  perhaps  Monroe,  do  actually  levy  taxes  at  the  commencement 
of  the  fiscal  year.  In  the  other  counties  of  the  state  a  part  of  the 
requirements  of  the  year  is  levied  at  or  before  the  commencement 
of  the  year  and  the  remainder  at  or  near  the  close  of  the  year; 

77 


that  is  to  say,  most  of  the  counties  of  this  state  are  not  operated 
on  a  cash  basis.    They  have  not  adopted  the  pay-as-you-go  plan. 

Furthermore,  the  county  law  does  not  limit  the  incurring  of 
expenditures  to  the  sums  appropriated  and  provided.  It  is  within 
the  power  of  the  board  of  supervisors  to  do  so,  but  in  almost  no 
county  in  the  state  is  that  done. 

Because  of  this  condition  I  conclude,  and  I  think  you  will 
agree  with  me,  that  legislation  should  be  obtained  outlining  with 
greater  attention  to  detail  the  budget  making  procedure. 

I  believe  the  counties  of  this  state  should  be  financed  on  a 
cash  basis ;  that  is,  a  budget  should  be  made  up  and  a  tax  levied  at 
or  before  the  commencement  of  the  fiscal  year  sufficient  to  provide 
for  all  expenditures  during  the  year;  and  that  there  should  be  a 
provision  in  the  statute  to  the  effect  that  contracts  involving  the 
expenditure  of  a  greater  sum  than  that  provided  and  made  avail- 
able in  the  budget  should  be  null  and  void  and  that  no  money  of 
the  county  should  be  paid  thereon. 

This  concludes  what  I  have  to  say  to  you  respecting  more 
comprehensive  and  intelligent  provisions  for  financing  counties  and 
towns.  It  may  occur  to  you  that  I  am  not  going  far  enough  because 
I  do  not  disturb  the  organization  of  either  towns  or  counties. 
Perhaps  I  am  not  sufficiently  drastic  in  my  views.  You  must  keep 
in  mind,  however,  that  I  am  intimately  in  touch  with  this  entire 
situation.  I  hope  to  see  the  organization  of  counties  and  towns 
very  materially  changed  within  the  next  twenty-five  years ;  never- 
theless, I  am  convinced  that  such  changes  will  not  be  effected  with 
one  stroke  and  at  one  time,  but  will  result  from  changes  gradually 
made.  I  am  advocating  to  you  here  what  I  believe  to  be  the  two 
points  concerning  county  and  town  finances  most  urgently  in  need 
of  correction. 

I  wish  I  might  say  or  do  something  at  this  time  which  will 
command  the  earnest  support  of  every  individual  present  toward 
the  accomplishment  of  these  suggestions. 

Improved  Methods  Coining 

The  second  feature  of  which  I  wish  to  speak  is  the  need  of 
improved  accounting  methods.  As  to  this  I  believe  we  are  nearer  a 
solution  of  the  problem. 

As  regards  both  counties  and  towns,  the  comptroller  has  the 
power  to  formulate,  prescribe  and  install  uniform  systems  of  ac- 
counts. The  work  of  doing  this  in  counties  was  first  undertaken 
in  1910.  Since  that  time  much  has  been  accomplished  toward  the 
standardization  of  accounts  of  counties,  and  there  has  been  a  most 

78 


decided  improvement  in  their  accounting  and  bookkeeping  proc- 
esses. This  year  Comptroller  Travis  concluded  to  have  reviewed 
all  that  has  been  done  in  the  past  six  years  and  to  outline  a  more 
perfect  plan  for  keeping  their  accounts — one  more  in  line  with 
the  principles  agreed  upon  by  authorities  on  the  subject  of  munici- 
pal accounting.  It  is  expected  that  the  new  system  will  be  ready 
for  installation  in  1917. 

Because  the  proposal  is  not  yet  completed,  I  naturally  can  speak 
of  it  only  in  a  generalway. 

It  will  require  the  accounts  to  be  kept  according  to  a  system 
of  double  entry  bookkeeping.  You  may  wonder  that  this  is  neces- 
sary. As  a  matter  of. fact,  there  are  some  counties  of  the  state 
where  the  accounts  are  now  kept  according  to  single  entry  book- 
keeping. This  was  true  of  the  county  of  Chemung  until  two  years 
ago.  Chemung,  as  you  know,  contains  the  sizable  and  enterprising 
city  of  Elmira. 

The  system  will  be  divided  into  two  parts  :  part  one  will  pertain 
to  the  annual  budget  and  will  contain  an  outline  of  a  proposed  uni- 
form budget;  part  two  wall  describe  the  accounting  procedure  and 
illustrate  those  entries  of  common  occurrence  in  the  budget  and 
m  the  system. 

The  appropriations  and  the  accounts  will  be  classified  accord- 
ing to  a  two-fold  classification,  the  first  being  by  governmental 
function  and  the  second  by  purpose  or  object  of  expenditure. 

Changes  of  minor  importance  will  probably  be  made  but  in  the 
main  the  classification  by  governmental  function  will  be  substan- 
tially as  follows : 

I.     General  government 
II.     Protection  of  persons  and  property 

III.  Conservation  of  health 

IV.  Highways 

V.     Charities  and  corrections 
VI.     Education 
VII.     Municipal  indebtedness 
VIII.     Construction  and  permanent  improvements 

IX.     Miscellaneous 
For  the  classification  by  purpose  of  expenditure,  such  standard 
accounts  will  be  proposed  as  the  experience  of  counties  suggests 
to  be  wise  and  practicable.    It  will  probably  be  substantially  as  fol- 
lows: 

(a)  Salaries,  wages  and  fees 

(b)  Traveling  expense 

79 


(c)  Office  expense 

(d)  Printing  and  advertising- 

(e)  Purchase  of  equipment 

(f)  Maintenance  of  equipment 

(g)  Materials  and  supplies 

(h)  Repairs  by  contract  or  open  market  order 

(i)  Rent 

(j  )  Insurance 

(k)  Other  expenses  (specify) 
I  would  not  have  you  believe  that  the  principles  of  the  system 
v^^hich  w^e  are  formulating  and  w^ill  prescribe  are  entirely  original 
w^ith  us.  It  is  our  aim  to  consult  the  leading  authorities  on  this 
subject  and  to  apply  and  adapt  that  v^hich  has  been  found  useful  in 
other  places  to  the  conditions  and  affairs  of  the  counties  of  the 
state. 

Accuracy,  Standardization,  Uniformity,  Guidance 

The  benefits  which  will  be  derived  from  the  installation  of  such 
a  system  may  briefly  be  summarized  as  follows : 

(1)  Each  county  will  have  an  accurate  and  complete  record  of 
all  its  financial  affairs — one  which  will  disclose  at  all  times  its  finan- 
cial condition  and  the  condition  of  each  of  its  funds  and  accounts. 

(2)  The  accounts  of  revenues  and  expenses  being  standard 
and  the  classification  uniform  of  administration,  it  will  be  possible 
to  make  intelligent  comparisons  of  expenses  and  revenues  for  dif- 
ferent years. 

(3)  Because  the  system  will  be  uniform  and  employed  in  all 
counties  of  the  state,  it  will  become  possible  to  make  significant 
comparison  between  the  different  counties  of  the  state. 

(4)  By  reason  of  all  this,  the  officers  of  the  county  will  be  in  a 
position  to  plan  more  intelligently  the  financial  program  for  the 
future. 

Respecting  the  accounts  of  towns,  less  has  been  done  along  the 
line  of  improved  accounting  methods.  We  have  but  fifteen  men 
to  make  examinations  and  to  install  systems  of  accounts  in  approx- 
imately 1,600  municipalities.  It  necessarily  follows  that  we  can 
not  successfully  undertake  too  much  at  one  time.  We  hope  next 
year  to  take  up  the  matter  of  improved  methods  of  accounting  in 
towns. 

There  are  in  this  state  933  towns.  The  supervisor  is  the 
chief  fiscal  officer  as  well  as  the  principal  executive  officer  of  the 
towns.  Usually  he  is  not  a  bookkeeper  or  an  accountant,  and  in 
most  of  the  towns  of  the  state  the  business  of  his  office  does  not 

80 


warrant  the  employment  of  a  clerk  or  bookkeeper.  In  view  of  this 
situation,  the  system  which  we  devise  and  install  in  the  towns 
of  this  state  must  necessarily  be  simple.  We  have  in  mind  publish- 
ing a  handbook,  as  it  were,  for  town  officers — one  which  will  de- 
scribe how  the  accounts  should  be  kept,  perhaps  illustrate  the 
transactions  usually  occurring  in  a  town  and  contain  other  subject 
matter  of  value  to  towns  and  town  officers. 

In  closing,  I  wish  to  express  my  appreciation  of  having  had  this 
opportunity  to  address  you.  I  desire  you  to  know  of  the  deep  in- 
terest which  the  comptroller  and  we  of  the  municipal  accounts  bu- 
reau of  his  office  are  taking  in  this  subject  of  municipal  finance. 
I  hope  you  will  appreciate  that  our  relations  with  it  are  such  that 
we  must  view  it  entirely  from  a  practical  standpoint,  and  that  it  is 
our  earnest  desire  to  co-operate  with  all  individuals  and  organiza- 
tions having  for  their  purpose  the  securing  of  better  municipal 
government. 

DISCUSSION 

Chairman  Eckel :  Are  there  any  present  who  would  like  to  ask 
Mr.  Graves  any  questions,  or  to  discuss  any  of  the  points  raised  by 
his  address? 

Mr.  Cartwright :  I  would  like  to  ask  Mr.  Graves  what  actual 
improvements  have  been  made  in  township  accounting?  What 
sort  of  accounts  devised  by  the  comptroller's  office,  by  Mr.  Graves's 
bureau,  has  come  into  anything  like  general  use  in  the  hands  of  the 
supervisors  ? 

Mr.  Graves :  We  have  done  very  little  toward  improving  the  ac- 
counts of  towns.  We  have  made  few,  if  any  recommendations  concern- 
ing methods  of  keeping  accounts.  As  there  are  some  supervisors  present, 
I  wish  them  to  know  that  this  handbook,  to  which  I  referred  for 
the  use  of  supervisors  and  other  town  officers,  is  a  book  which  will 
give  advice  and  suggest  the  method  of  procedure  to  be  followed  in 
all  transactions  involving  the  finances  of  towns,  and  also  describe 
how  best  to  keep  simple  accounts,  accounts  which  a  supervisor  who 
is  not  an  accountant  can  keep.  It  will  also  contain  other  informa- 
tion which  we  believe  will  be  of  value  to  them.  We  have  perhaps 
examined  the  accounts  of  150  towns.  Last  year  we  made  a  group 
of  examinations  in  the  county  of  Westchester,  where  our  friend 
Cartwright  comes  from.  He  probably  knows  full  well  whether  that 
has  been  beneficial  to  his  county  or  not.  At  the  present  time  we 
are  engaged  in  making  similar  groups  of  examinations  in  the  coun- 
ties of  Dutchess  and  Greene,  and  ultimately  we  intend  to  start 
groups  of  examinations  in  counties  in  the  western  and  central  part 

81 


of  the  state.  I  have  mentioned  to  you  thus,  briefly,  what  appears 
to  be  the  more  technical  and  trite  parts  of  our  work.  Of  course, 
the  examination  work  is  the  interesting  part  of  it.  It  is  that  which 
discloses  the  interesting  things.  It  makes  good  reading.  It  not 
only  discloses  the  kind  and  character  of  administration,  but  it  dis- 
closes the  serious  irregularities  and  the  crime,  if  any,  and  it  also 
gives  the  men  who  are  employed  in  the  work  a  vivid  picture  of  the 
good  and  bad  points  in  the  present  county  government. 

As  indicated  in  my  opening  remarks,  I  consider  seriously,  in 
these  investigations,  only  those  things  which  I  believe  there  is  a 
chance  of  correcting  in  the  immediate  future,  because  our  daily 
work  is  to  follow  the  administration  under  present  conditions — not 
to  contemplate  what  it  would  be  if  we  abolished  boards  of  super- 
visors and  established  county  managers.  There  are  two  features 
of  county  and  town  government  which  I  have  wished  to  bring  with 
special  emphasis  to  your  attention  this  afternoon,  which  to  my  mind 
are  of  great  importance,  and  which  should  be  and  I  believe  can  be 
corrected  in  the  immediate  future.  First,  in  town  government  the 
present  town  law,  except  as  regards  a  few  towns,  prohibits  and 
prevents,  makes  impossible,  the  formulation  of  a  town  budget  by 
town  ofificers.  It  prevents  and  bars  the  people  of  the  town  from 
knowing  how  much  and  for  what  purposes  taxes  are  to  be  levied. 
And  second,  that  it  appears  to  be  a  legal  propostion,  that  boards  of 
supervisors  can  lay  before  the  people  a  county  financial  program 
which  shows  absolutely  nothing.  It  is  for  that  purpose  that  I  am 
advocating  and  urging  upon  you  to  advocate  in  your  homes  and 
wherever  you  have  an  opportunity  to  say  anything  on  the  subject  of 
amendments  to  the  county  law  which  will  require  the  board  of 
supervisors  to  formulate  a  budget,  which  will  show  the  appropria- 
tions for  each  bureau,  office  and  department  of  county  government 
and  the  purposes  and  objects  of  expenditure,  and  correlate  these 
appropriations  with  the  estimated  revenues  from  sources  other  than 
taxation,  and  finally  arrive  at  the  sum  which  is  to  be  levied  by  tax 
for  county  purposes,  and  similar  amendment  to  the  town  law,  for 
town  purposes.  I  came  here  this  afternoon  for  the  purpose  of  advo- 
cating particularly  those  two  things.  They  are  simple.  I  presume 
every  one  of  you  have  known  of  or  thought  about  them  in  one  form 
or  another  before  this  time.  To  me  it  seems  imperative  that  the 
statute  be  changed  in  the  respects  which  I  have  indicated. 

I  am  sometimes  surprised  that  we  have  as  good  a  condition  of 
county  and  town  finances  as  we  have,  considering  the  unsatisfactory 
status  of  the  laws  which  govern  these  municipalities. 

I  think  that  that  is  all  that  I  have  to  say  to  you,  except  to 

82 


express  Mr.  Lee's  regrets  that  he  could  not  be  present  and  talk  to 
you. 

In  closing,  I  want  to  emphasize  again  that  I  have  appreciated 
very  much  having  had  this  opportunity  and  to  remind  you  of  the 
deep  interest  which  the  comptroller  and  we  of  the  municipal  ac- 
counts bureau  take  in  this  subject  of  municipal  government.  I  do 
not  want  you  to  think  from  what  I  have  said  that  we  do  not  appre- 
ciate the  study  which  you  are  giving  to  it  from  a  scientific  or  aca- 
demic standpoint.  That  is  most  valuable.  I  hope  to  see  these  con- 
ferences continue  and  to  grow.  I  think  your  chairman  made  a  very 
worthy  suggestion  at  luncheon  today  when  he  said  that  it  had  been 
suggested  to  form  local  chapters  or  units  or  societies  in  the  counties 
of  the  state.  It  occurs  to  me  that  that  would  be  fine.  I  believe  the 
comptroller  of  the  state  of  New  York  would  be  willing  to  send  one 
or  more  representatives  to  an  occasional  meeting  in  any  county  of 
the  state,  or  in  every  county  of  the  state  if  their  presence  was 
desired,  to  speak  of  the  practical  workings  of  the  several  county 
offices,  and  the  duties  of  the  officers,  and  the  proper  method  of 
administering  the  office.  I  believe  the  organization,  which  is  spon- 
sor for  this  conference,  would  probably  be  willing  to  send  like 
speakers,  and  I  believe  that  local  interest  might  be  very  consider- 
ably aroused. 

I  want  you  also  to  know  that  it  is  the  comptroller's  desire  and 
our  wish  to  co-operate  with  all  agencies  such  as  yours  in  the 
furthering  of  better  municipal  government  in  the  county  and  towns 
of  the  State. 

Chairman  Eckel :  I  am  very  sure  we  are  all  very  indebted  to 
Mr.  Graves  for  the  excellent  presentation  of  his  subject,  and  for 
the  very  delightful  and  re-assuring  words  that  he  has  expressed  as 
to  the  co-operation  of  his  office  with  the  type  of  work  that  this 
association  is  standing  for,  and  for  one  I  might  tell  him  now  that  I 
am  going  to  avail  myself  of  his  very  kind  offer.  Mr.  Graves  has 
made  his  own  offer  here  for  any  cross  questioning,  and  I  think 
perhaps  that  is  one  of  the  valuable  features  of  our  meeting.  So  if 
there  are  any  further  inquiries,  he  will  be  able  to  withstand  any 
bombardment  that  you  wish  to  give  him,  and  it  will  bring  out  some 
things  that  we  want  to  hear. 

Mr.  Hinckley :  Did  I  understand  that  during  the  next  year  you 
expect  to  take  up  the  examination  of  town  affairs  ? 

Mr.  Graves :     We  are  taking  them  up  now,  Mr.  Hinckley. 

Mr.  Hinckley :  Your  suggestions,  as  regards  the  towns  of  Erie 
county,  are  absolutely  true,  and  the  correctness  of  the  budget  and 


the  correctness  of  the  spreading  of  the  tax  of  the  different  towns 
depends  entirely  upon  the  supervisor  of  each  town.  Of  course,  the 
county  is  not  interested  whether  he  will  raise  enough  money  for 
his  highway  tax,  but  should  he  fail,  of  course,  that  falls  upon  him. 
But  I  have  been  wondering  if  that  could  not  be  arranged  so  as  to 
make  it  uniform. 

Mr.  Graves :  Mr.  Hinckley,  I  am  proposing  an  amendment,  I 
think  I  shall  prepare  one  and  have  it  introduced  in  the  legislature, 
which  will  impose  upon  the  town  board  or  some  body  in  the  town 
the  duty  of  filing  the  town  budget  and  have  it  certified  to  your 
board  of  supervisors. 

Mr.  Cartwright :  I  want  to  ask  Mr.  Graves  how  many  men 
the  bureau  of  municipal  accounts  now  employs  for  these  investi- 
gations. 

Mr.  Graves:  I  am  glad  you  asked  that.  The  law  authorizes 
the  comptroller  to  employ  fifteen  accountants  and  examiners.  Men, 
who  are  outside  men,  as  it  were.  Our  Bureau  is  organized  with  a 
chief,  two  clerks,  and  four  stenographers.  Outside  of  the  municipal 
accounts  work  I  find  it  necessary  to  devote  time  to  other  things, 
miscellaneous  things,  like  the  supervision  of  all  court  trust  funds 
of  the  state  of  New  York,  which  is  imposed  on  my  Bureau.  But 
with  the  chief  accountant,  two  clerks  and  four  stenographers  and 
fifteen  examiners,  we  are  doing  all  the  work  of  this  kind  which  is 
being  done  by  the  state  comptroller's  office.  There  are  in  the  state 
of  New  York  under  our  supervision  57  counties,  54  cities,  442 
villages,  and  933  towns.  It  necessarily  follows  that  we  cannot 
spread  our  services  over  those  each  year.  We  are  doing  as  much  as 
we  can.  We  are  speeding  up  our  examiners  as  much  as  possible. 
I  think  within  the  past  two  years  we  have  increased  the  volume  of 
business  fifty  per  cent.,  but  I  would  not  have  you  believe  for  a 
moment  that  it  is  possible  for  us  to  cover  the  field.  I  think  the 
state  of  Illinois,  either  Illinois  or  Indiana,  employs  one  hundred  men 
at  $10  a  day  to  do  this  same  class  of  work.  We  should  have  more 
examiners.  It  needs  fifty  examiners  properly  to  run  the 
department. 

Mr.  Cartwright:  If  you  go  into  a  town  and  make  an  audit 
long  enough  to  compare  two  years'  expenditures  it  takes  one  or  two 
men  at  least  a  month,  doesn't  it? 

Mr.  Graves :  It  does  in  your  Westchester  county  towns. 
Upstate  there  are  towns  small  enough  that  our  men  can  make  an 
examination  a  week. 

84 


Mr.  Cartwright :  But  if  we  consider  the  total  time  required  by 
larger  cities,  villages  and  towns,  audits  would  average  of  say  three 
weeks  each,  wouldn't  they? 

Mr.  Graves :  We  have  never  examined  enough  of  the  smaller 
municipalities  to  form  an  estimate. 

Mr.  Cartwright:  I  made  this  kind  of  an  estimate  once,  that 
the  ,15  men  in  the  comptroller's  office,  if  they  were  on  the  job  all 
the  while  auditing  the  various  towns  (not  being  superhuman, 
though  they  are  selected  on  a  basis  of  the  qualifications  of  super- 
men), if  they  were  all  the  time  on  this  work,  these  15  men  could 
not  get  around  the  state  once  in  10  years.  It  would  be  the  smaller 
municipalities  that  would  have  to  wait  the  longest,  because  the  big 
ones,  the  most  important  ones,  of  necessity  would  demand  that  they 
be  audited  often,  and  the  small  ones  would  get  audited  about  three 
times  a  century.  The  comptroller  needs  examiners,  and  150  men 
would  not  be  too  many.  And  I  am  going  to  ask  you  if  from  your 
experience  you  think  it  would  be  possible  to  get  through  the  legis- 
lature a  law  that  would  provide  for  the  making  of  a  town  budget  by 
the  town  officials  in  such  a  way  as  to  have  it  a  public  aflFair,  so  that 
everybody  in  the  town  would  know  what  is  being  raised  by  taxation, 
and  refer  it  to  a  town  meeting  so  they  might  all  vote  on  it,  and  a 
law  to  provide  a  state  bureau  with  a  sufficient  number  of  men  to 
give  an  annual  audit  to  all  of  these  municipalities ;  and  a  law  that 
would  compel,  make  mandatory,  the  adoption  of  this  centralized 
uniform  system  of  accounts  from  the  comptroller's  office,  which  is, 
of  course,  the  very  best  office  to  make  up  such  things,  and  the  proper 
place  where  they  should  be  compiled.  That's  a  genuine  legislative 
poser.    Could  it  be  accomplished? 

Mr.  Graves:  I  will  be  frank,  I  do  not  think  it  would  be 
possible  to  get  through  such  a  law.  I  think  it  would  be  possible  to 
get  a  law  which  would  provide  for  making  up  town  budgets  along 
the  line  I  have  suggested  by  town  officials  and  providing  for  a  public 
hearing  or  notice  of  a  hearing  at  which  any  person  interested  could 
appear. 

Mr.  Cartwright:  Don't  you  find  that  owing  to  the  looseness 
of  accounts  and  general  ignorance  of  scientific  bookkeeping,  not 
dishonesty,  but  to  various  elements  that  show  lack  of  training, 
there  is  a  lot  of  money  wasted  in  almost  every  town,  big  or  little  ? 
This  could  all  be  saved  by  an  annual  audit.  It  would  be  worth  ten 
times  the  price  of  those  150  men. 

Mr.  Graves :  Our  reports  do  not  measure  properly  the  loss  to 
the  taxpayers.     The  most  that  w^e  can  indicate  is  the  absolutely 

85 


illegal  expenditures.  In  time  I  expect  that  our  bureau  will  take  up 
matters  of  administration,  but  the  attitude  of  most  comptrollers 
has  been  that  where  it  was  discretionary  with  the  officials  that  per- 
haps we  should  not  criticize  the  exercise  of  discretion  by  them.  I 
want  to  disabuse  the  mind  of  anyone  who  may  have  such  impres- 
sion, of  the  thought  that  the  main  purpose  of  our  examination  is  to 
find  shortages.  We  find  shortages  not  infrequently.  Within  the 
past  two  weeks  a  village  in  the  western  part  of  the  state  has  dis- 
closed a  shortage  of  $3,600,  and  a  town  in  the  Hudson  River  Valley 
$13,800.  Last  year  we  found  a  shortage  of  $2,400  in  a  town  on 
Long  Island.  And  when  we  recovered  the  $2,400  for  the  town  we 
wrote  the  town  officials  that  that  was  not  the  big  feature.  The 
important  thing  is  what  is  disclosed  about  inefficient  administration. 
That  supervisor  told  us  a  year  later  that  our  examination  saved 
them  $8,000  or  $9,000.  Think  what  that  means  in  ten  years.  It 
overshadows  the  matter  of  the  shortage  which  we  found  and  for 
which  we  recovered  the  money. 

Mr.  Cartwright :  That  is  not  your  aim,  but  the  fact  that  those 
shortages  and  wastes  continue  to  be  disclosed  confirms  the  convic- 
tion that  those  things  would  not  exist  if  we  had  the  matter  under 
proper  supervision  and  audit. 

Mr.  Graves :  The  only  way  that  the  legislature  would  consider 
such  a  plan  as  you  suggest  would  be  to  make  the  audit  a  charge 
against  the  municipality,  because  they  are  watching  state  appro- 
priations. 

Mr.  Eckel:  Are  there  any  more  questions?  I  am  reminded 
by  the  Syracusans  that  we  must  cut  our  program  as  short  as  we 
can,  on  account  of  the  proposed  ride  to  the  county  institutions. 
Now  Mr.  Gilbertson  has  something  to  say  on  the  question  of  next 
year's  legislative  program,  but  I  think  we  will  have  to  stop,  in  order 
to  make  the  trip  to  the  institutions ;  so  we  will  postpone  Mr.  Gil- 
bertson's  contribution  until  the  evening  session  with  his  consent. 
The  afternoon  session  is  now  adjourned. 

FOURTH  SESSION 
Friday  Evening,  December  15,  1916 

HON.  GILES  H.  STILWELL.  Chairman 

[The  fourth  session  of  the  conference  was  held  in  the  Hiawatha 
room  of  the  Hotel  Onondaga.  In  opening  the  session,  Chairman 
Stilwell  said:] 

Mr.  Osborne,  who  is  announced  as  the  first  speaker  on  our  pro- 
gram this  evening,  will  be  the  last  speaker.     His  train  is  a  little 

86 


delayed  in  reaching  Syracuse,  but  we  are  advised  that  he  is  to  be 
here  in  time  for  the  latter  part  of  the  program.  The  first  address 
we  are  to  hear  is  on  the  subject  of  "The  County  as  a  Unit  of  School 
Administration,"  assigned  to  State  Commissioner  of  Education  Fin- 
ley,  but  on  account  of  another  engagement  Mr.  Finley  is  unable  to 
be  here,  and  he  sends  in  his  place  Deputy  Commissioner  Finnegan, 
who  has  always  been  a  consistent  and  persistent  and  strong  advo- 
cate of  the  doctrine  which  is  expressed  in  this  subject,  the  county 
or  the  township,  as  a  unit  of  school  administration,  and  we  are  very 
glad  to  have  Mr.  Finnegan  as  a  substitute  for  the  Commissioner. 

ADDRESS 

THE  COUNTY  AS  A  UNIT  OF  SCHOOL  ADMINISTRATION: 

ARE  THERE  BETTER  UNITS? 

HON.  THOMAS  E.  FINEGAN,  Deputy  Commissioner  of  Education 

Mr.  Chairman,  Ladies  and  Gentlemen :  The  way  that  Com- 
missioner Finley  gets  an  audience  for  me  is  to  advise  that  he  will 
speak  and  then  send  me.  (Laughter  and  applause.)  I  did  not 
know  until  this  afternoon  that  I  was  to  speak  to  you  to-night.  If 
you  will  read  the  program  carefully  you  will  observe  that  there  is 
quite  a  qualification  to  the  subject,  as  stated  by  Chairman  Stilwell. 
It  includes  the  county  school  government  or  some  other  unit  of 
government.  That  is  rather  agreeable  because  it  gives  me  a  broad- 
er field.  I  can  select  almost  any  kind  of  a  unit  of  administration 
which  seems  desirable. 

Same  System  for  a  Century  and  a  Quarter 

Now  there  might  be  four  different  units  of  administration. 
We  might  have  a  state  unit  of  administration,  or  a  county,  town 
or  district  unit.  The  national  government  has  never  seen 
fit,  has  never  deemed  it  wise  to  assume  the  general 
direction  of  educational  aflfairs  of  the  country.  It  has 
been  left  to  each  state  to  work  out  its  own  particular  system 
of  school  administration,  and  we  have  various  types  throughout  the 
country.  We  have  the  centralized  and  the  decentralized.  In  New 
York  State  people  are  very  apt  to  say  that  we  have  a  very  much 
centralized  administration  of  schools ;  and  yet  there  is  not  a  state  in 
the  Union  in  which  local  authorities  have  greater  discretionary 
powers  and  greater  initiative  than  they  have  in  the  management  of 
the  school  system  of  the  state  of  New  York.  In  some  sections  of 
the  country  the  county  is  the  administrative  unit,  and  largely  so  in 
the  southern  states.  In  all  the  states  surrounding  New  York,  and 
in  all  of  the  New  England  states,  they  have  what  is  knowm  as  the 

87 


township  unit.  We  have  in  this  state  the  same  unit  of  adminis- 
tration which  we  had  in  1795.  We  have  made  considerable  progress 
in  almost  every  other  phase  of  governmental  action,  so  far  as  per- 
fecting the  unit  of  administration  is  concerned;  but  we  have  lost 
sight  of  one  thing,  dealing  with  the  schools  outside  of  the  cities. 
And  if  you  take  up  the  school  organization  as  it  exists  to-day  and 
compare  it  with  the  organization  which  was  blocked  out  by  our 
fathers  in  1795,  you  will  find  that  the  fundamentals  of  the  organiza- 
tion for  administering  the  school  system  of  this  state  have  not 
changed  one  iota  from  that  time. 

Now,  this  system,  when  first  enacted  in  this  state,  applied  to 
the  cities  as  well  as  to  the  remaining  portion  of  the  state,  so  that 
we  had  in  the  cities  for  a  long  period  of  time  the  district  system. 
And  in  the  several  cities  of  the  state  each  school  had  its  own  local 
board.  This  board  controlled  the  exercise  of  its  own  functions  and 
was  independent.  It  had  the  power  of  assessing  and  collecting  taxes, 
of  fixing  the  salaries  of  the  teachers  in  accordance  with  the  wishes 
of  the  district  and  not  on  the  basis  of  the  city,  etc.  But  as  the  cities 
developed  and  became  more  populous  and  increased  in  number  it 
was  found  that  the  organization  as  applied  to  the  cities  was  ineffi- 
cient ;  that  it  did  not  afford  an  administration  of  school  systems  in 
cities  such  as  the  demands  of  the  times  required.  As  early  as  1853 
the  state  voted  to  change  this  system  of  administering  the  school 
system,  and  the  "Union  Free  School  Act"  was  passed.  I  want  you 
to  note  the  language :  "Union  Free  School."  This  act  of  1853  con- 
templated a  change  in  the  entire  school  system  of  the  state.  The 
schools  had  not  yet  been  made  free  in  New  York  State.  It  was 
not  until  1867  that  the  schools  were  made  actually  free.  So  the 
term  "Union  Free"  had  the  significance  of  meaning  that  the  schools 
should  be  made  free  to  all  the  children  of  a  district  or  city,  and 
that  the  schools  of  the  city  or  district  should  be  combined  or  united 
under  one  board  of  control  in  such  district  or  city.  It  was  under  this 
act  that  the  village  and  city  school  systems  were  first  organized. 

Decline  of  Rural  School  Attendance 

Now,  I  would  like  to  have  you  turn  from  the  cities  temporarily 
and  think  of  this  entire  state  outside  of  the  cities,  and  I  am  glad 
that  while  most  of  you  are  city  interested,  you  have  interest  enough 
in  this  particular  phase  of  public  school  administration  to  come  out 
here  to-night.  You  should  understand  the  administration  of  the 
school  system  as  it  applies  to  the  country  district  quite  as  well  as 
in  the  cities,  because  this  problem  is  not  simply  a  rural  school  prob- 
lem.    The  problem  of  administering  the  schools  in  the  rural  dis- 

88 


tricts  is  a  state  problem.  There  has  been  a  great  change  in  civiliza- 
tion since  these  schools  were  first  organized.  To  go  back  even  for 
35  years  and  compare  the  conditions  with  what  we  have  now, 
startling  changes  stand  out.  Thirty-five  years  ago  there  were  more 
people  living  outside  of  the  cities  of  this  state  than  were  living  in 
those  cities.  Thirty-five  years  ago  there  were  100,000  more  chil- 
dren in  attendance  in  the  schools  of  the  farming  regions  than  there 
were  in  the  schools  of  the  cities  and  villages  of  5,000.  What  is  the 
condition  to-day.  With  a  population  of  approximately  10,000,000, 
8,000,000  of  these  are  living  in  the  cities  and  villages  of  5,000,  and 
only  2,000,000  are  living  in  the  agricultural  regions.  And  if  you 
take  the  very  latest  census  you  will  find  that  there  is  even  a  smaller 
percentage,  it  is  perhaps  not  more  than  17  per  cent,  of  the  entire 
population  that  is  living  now  out  in  the  rural  regions.  There  are 
600,000  more  children  attending  the  schools  to-day  in  the  cities  and 
villages  than  there  are  in  the  country  districts.  But  what  is  worse 
than  this  even,  there  are  100,000  less  children  in  attendance  in  the 
country  schools  to-day  than  there  were  35  years  ago.  The  cities 
are  going  to  continue  to  grow  in  population  in  this  state,  and  the 
number  of  cities  in  this  state  is  going  to  increase.  But  there  is 
not  going  to  be  a  corresponding  increase  in  the  population  of  the 
country  districts. 

Increased  Burdens  of  Smaller  Schools 

Let  me  give  you  just  a  few  other  facts  in  connection  with  the 
rural  schools,  and  you  will  see  the  difiference  between  the  condi- 
tions of  the  city  and  the  country.  There  are  to-day  in  this  state 
2,000  school  districts,  in  which  the  average  attendance  of  pupils 
is  less  than  seven.  There  are  2,000  school  districts  in  this  state 
to-day  in  which  the  assessed  valuation,  the  taxable  property  which 
must  support  and  maintain  the  schools  is  less  than  $20,000  each. 
That  means  that  four  average  farms  of  a  value  of  $5,000  must  sup- 
port a  school.  There  are  4,000  school  districts  in  the  state  which 
had  last  year  an  average  attendance  of  less  than  ten,  and  in  the 
same  4,000  districts  the  assessed  valuation  of  each  of  the  districts 
was  less  than  $40,000.  In  other  words,  eight  average  farms 
assessed  for  a  district  at  $5,000  each,  which  is  very  conserva- 
tive, must  support  a  school  in  that  district.  Now,  I  ask  you 
teachers,  and  I  ask  you  men,  what  kind  of  a  school  you  think  can 
be  maintained  in  a  district  where  there  are  only  seven  or  ten 
children,  and  where  the  taxable  property  is  less  than  $40,000.  You 
must  take  into  consideration  also  the  fact  that  in  these  seven  or  ten 

89 


children  you  have  many  grades  represented.  You  have  the  beginner — 
the  pupil  who  comes  to  school  for  the  first  time — and  from  that  they 
go  on  up  through  the  several  grades.  What  kind  of  a  school  or- 
ganization can  you  picture  ?  Suppose  you  work  out  a  program  for 
one  of  these  country  districts.  Suppose  you  prepare  a  curriculum  of 
reading,  writing,  history  and  English,  and  all  the  different  subjects 
that  are  required  to  be  taught  in  the  schools,  and  what  kind  of  a 
program  would  you  have?  How  many  minutes  could  you  give  to 
a  recitation  on  each  subject  in  that  school?  In  those  country  dis- 
tricts, where  the  numbers  are  greater,  where  we  have  from  25  to  40 
children,  what  kind  of  a  program  can  you  block  out  for  that  school, 
and  administer  it  with  any  degree  of  efficiency  and  satisfaction  to 
yourself?  In  such  schools  about  seven  minutes  are  given  to  each 
recitation,  while  in  a  city  or  village  school  from  thirty  to  forty 
minutes  are  given  to  a  recitation.  And  what  kind  of  an  oppor- 
tunity is  to  be  given  to  the  boys  and  girls  who  must  attend  schools 
in  the  farming  regions,  if  we  have  this  limited  property  for  the 
support  of  the  schools  and  meager  provisions  for  presenting  the 
courses  of  study?  Compare  the  facilities  which  are  afforded  these 
children  with  those  which  are  afforded  the  children  in  the  village 
districts  or  in  the  cities  of  the  state. 

There  is  a  provision  in  the  state  constitution  which  reads  some- 
thing like  this :  The  legislature  shall  provide  a  free  system  of  com- 
mon schools  wherein  all  the  children  of  the  state  shall  be  educated. 
What  does  that  mean?  Doesn't  a  constitutional  mandate  presup- 
pose that  there  shall  be  equal  educational  opportunities  so  far  as 
may  be  possible  for  every  child  in  the  state?  It  doesn't  mean  that 
such  an  organization  shall  be  created  in  this  state  that  it  may  be 
administered  in  the  popular  centers  of  the  state  so  as  to  give  to  the 
boys  and  girls  of  that  section  school  facilities  which  are  far  superior 
to  the  school  facilities  which  are  provided  for  the  other  boys  and 
girls  simply  because  they  happen  to  live  upon  the  farms  of  the  state. 

Unused  Resources  for  Rural  Schools 

There  are  modern  agencies  of  civilization  which  have  been 
utilized  for  everything  else,  and  they  should  be  utilized  for  the 
administration  of  the  public  school  system.  Within  a  few  years 
the  state  has  embarked  upon  the  good  road  proposition.  The  state 
has  expended  more  than  $100,000,000,  or  authorized  the  expenditure, 
and  made  contracts  for  the  construction  of  state  roads.  That  is  an 
asset  in  tiic  administration  of  the  schools  of  the  state,  and  the  state 
is  chargeable  with  neglect  if  it  does  not  utilize  that  to  the  very 
limit  U)  which  it  may  be  utilized  in  administering  the  school  facili- 

90 


ties  through  the  country  dstricts.  And  look  at  the  great  system  of 
trolley  lines.  Look  at  the  mileage  of  steam  railroads  in  the  state. 
Look  at  the  general  use  in  which  the  automobile  and  automobile 
bus  has  now  come.  These  are  all  the  agencies  of  the  state  that 
should  be  utilized  in  the  administration  of  the  public  schools.  These 
agencies  have  brought  all  the  farms  in  the  state  nearer  to  good 
schools  than  they  ever  were  before.  It  is  possible  to  perfect 
an  organization  which  shall  give  to  the  boys  and  girls  on  the 
farms  the  school  facilities,  or  as  near  as  may  be  possible,  the  school 
facilities  which  are  provided  for  the  boys  and  girls  in  the  cities, 
why  in  the  name  of  fair  play  should  they  not  have  it?  They  should 
have  it ;   and  they  might  have  it. 

The  Township  Unit  Will  Solve  the  Problem 

We  have  in  this  state  10,500  school  districts  outside  of  the  cities 
and  villages  of  5,000.  In  our  neighboring  state  of  Pennsylvania,  a 
much  more  rugged  state,  a  state  that  has  not  the  facilities  for 
bringing  the  children  together  which  we  have  here,  they  have  less 
than  3,000  school  districts.    Pennsylvania  has  the  township  system. 

Now,  there  is  a  good  deal  of  misunderstanding  in  the  popular 
mind  as  to  what  we  mean  by  the  township  system  of  schools.  Very 
generally  in  the  farming  regions  when  you  speak  upon  the  subject 
of  the  township  system  the  people  get  the  idea  the  first  thing  you 
mean  to  do  is  to  wipe  out  all  the  schools  in  existence  and  then 
build  one  school  in  the  town.  No  person  ever  had  any  such  thought 
in  this  state  so  far  as  I  know,  and  the  best  evidence  of  that  are  the 
measures  which  have  been  prepared  from  year  to  year  in  the  last 
four  or  five  years  and  introduced  into  the  legislature.  There  is  not 
a  line  in  any  one  of  those  bills  which  contemplates  the  wiping  out 
of  school  districts  or  the  interference  with  the  school  district  boun- 
daries as  they  now  stand,  or  that  provides  for  the  consolidation  of 
schools  as  they  now  stand.  I  am  one  of  the  strongest  advocates 
in  the  whole  country  for  the  consolidated  school,  but  I  do  not  want 
to  consolidate  schools  in  a  community  until  the  community  wants 
to  consolidate  the  schools.  And  that  very  community-want  is  what 
this  township  plan  proposes  as  a  basis. 

Since  1853  there  has  been  the  arbitrary  power  in  the  statute 
for  the  consolidation  of  schools,  and  that  is  what  has  given  most 
of  the  trouble.  The  fact  is  that  the  township  plan  which  has  been 
proposed  is  an  absolutely  home  rule  plan,  and  it  would  wipe  out  all 
of  this  discontent,  and  all  of  this  misunderstanding  if  it  were  in 
operation.     It  provides  that  the  people  of  the  township  shall  come 

91 


together  upon  the  first  Tuesday  in  May,  and  that  there  they  shall 
choose  a  town  board  of  education,  and  that  this  town  board  of 
education  shall  be  vested  with  powers  so  far  as  may  be  possible 
similar  to  the  powers  and  duties  which  are  exercised  by  boards  of 
education  in  villages  and  cities  of  the  state.  It  does  not  propose  to 
put  all  of  these  schools  together,  but  it  does  propose  that  the 
people  of  the  whole  town,  through  their  board  of  education,  if  they 
want  to  consolidate  schools,  shall  have  the  power  to  do  it,  and  that 
it  shall  not  be  done  by  other  arbitrary  authority.  That  is  the  back- 
bone of  the  township  system.  Could  anything  be  more  democratic? 
Could  anything  be  fairer  to  the  people? 

Just  as  It  Solved  the  Highway  Problem 

It  was  only  eighteen  years  ago  that  we  had  all  through  the 
country  districts  what  was  known  as  the  pathmaster  system  in  the 
matter  of  public  highways.  The  towns  were  broken  up  into  road 
districts,  just  as  the  towns  are  now  broken  up  into  the  school  dis- 
tricts, and  they  had  one  officer  appointed  by  the  commissioner  of 
highways,  and  known  as  the  pathmaster.  He  worked  the  road. 
That  is,  in  the  spring,  when  they  could  not  do  anything  else,  all 
the  men  living  along  a  certain  strip  of  road  were  warned  to  come 
out  and  work  on  the  road.  They  came,  and  they  brought  with  them 
a  team  and  a  plow  and  a  scraper  and  a  yoke  of  oxen,  and  generally 
a  jug  of  cider,  and  they  worked  the  road.  You  know  the  kind  of 
roads  we  had  in  this  state  eighteen  years  ago  under  that  system. 

The  state  abolished  the  old  road  system.  It  wiped  out  these  old 
road  districts,  that  are  comparable  to  the  old  school  districts ;  it 
abolished  the  pathmaster,  and  it  created  instead  a  superintendent 
of  highways  for  the  town,  and  it  placed  under  the  management 
of  that  man,  that  one  official,  the  supervision  and  working  of  the 
highways  and  the  maintenance  of  highways.  And  the  people  them- 
selves were  given  the  power  to  vote  expenditures  for  the  improve- 
ment of  roads.  And  what  has  happened?  In  the  eighteen  years 
since  then,  the  people  themselves  have  constructed  more  than 
12,000  miles  of  improved  highway  in  this  state  under  their  local 
superintendents.  That  is  joyously  accepted  as  home  rule  in  high- 
ways. Why  not  have  the  same  kind  of  home  rule  in  the  administra- 
tion of  schools?  And  why  not  give  to  the  people  of  the  town  the 
right  to  say  at  a  town  meeting,  through  their  representatives,  we 
want  better  schools  in  this  town?  The  conditions  in  this  township 
are  such,  our  roads  are  such,  our  trolley  systems  are  such,  our  steam 
lines  are  such  that  we  are  going  to  utilize  them  all  in  bringing  the 
children  from  these  little  remote  corners  into  the  central  territory 

92 


and  give  them  an  education  that  is  equivalent  to  that  received  by 
the  boys  and  girls  that  live  in  the  cities  and  villages  of  the  state. 

Why,  all  over  this  land  they  are  talking  about  the  boys  and  girls 
on  the  farms  having  an  education  equal  to  that  which  is  given  to 
the  boys  and  girls  in  the  cities,  and  the  cry  from  one  end  of  the 
country  to  the  other  is  that  the  country  schools  must  be  made  the 
equal  of  the  city  schools.  How  in  the  world  will  it  ever  be  possible 
to  do  it  in  the  state  of  New  York,  continuing  to  maintain  4,000 
districts  having  an  average  attendance  of  less  than  ten  pupils  and 
property  of  less  than  $40,000  each  upon  which  to  raise  taxes  tj 
support  the  schools.    It  is  out  of  the  question. 

Townshp  Unit  Simplifies  Taxation  and  Other  Difficulties 

Suppose  some  one  came  into  the  city  of  Syracuse  to-day  and 
said,  "Your  school  system  is  all  wrong.  We  are  going  to  change  it. 
We  are  going  to  have :" — I  do  not  know  how  many  schools  you 
have  got  here.  How  many  have  you.  Superintendent  Hughes? 
(Superintendent  Hughes :  "Thirty-eight.")  You  have  thirty- 
eight  schools  here.  What  would  you  say  to  a  proposition  that  you 
have  thirty-eight  boards  of  education?  According  to  the  evening 
papers  you  are  having  trouble  enough  with  just  one  board.  Now, 
what  would  be  your  trouble  if  you  had  thirty-eight  boards,  and 
what  would  be  the  condition  of  affairs  in  the  city  of  Syracuse  if 
each  of  such  thirty-eight  boards  of  education  had  the  taxing  power, 
power  to  levy  and  collect  taxes  and  fix  the  qualifications  of  teachers 
and  go  on  and  run  the  school  the  way  they  wanted  to.  But  you 
go  out  here  in  any  of  these  rural  towns  of  Onondaga  County 
and  that  is  exactly  what  you  have.  You  have  a  township  out 
here,  with  perhaps  ten  or  twelve  boards  of  education,  running  its 
schools,  each  having  the  taxing  power.  Now,  we  in  the  education 
department  believe  the  people  of  any  township  in  this  state  can  be 
trusted  to  come  out  on  a  single  day  to  select  five  or  six  men  or 
women  of  that  town  to  handle  the  school  system  of  that  town. 
That  is  what  the  township  bill  proposes.  If  it  is  possible  in  such 
township  to  bring  together  four  schools,  or  six  schools,  or  ten 
schools,  and  have  them  within  an  accessible  distance  of  every  child 
of  the  town,  the  town  board  will  determine  whether  that  is  to  be 
done.  If  the  conditions  existing  in  that  town  require  that  there 
shall  be  eight  schools,  then  the  board  of  education  of  that  town 
will  do  right  to  maintain  and  continue  the  eight  schools. 

Now,  there  are  many  other  inequalities  in  the  present  system. 
An  inequality  of  taxation  means  an  inequality  of  school  privileges 
always.    There  are  thousands  of  instances  of  this  all  through  this 

93 


state.  It  is  the  rule  that  in  one  district  the  tax  rate  for  the  support 
of  the  schools  will  be  ten  mills,  and  in  an  adjoining  district  it  will 
be  two  mills.  In  one  district  the  cost  per  capita  of  maintaining  the 
school  will  be  $75,  and  in  an  adjoining  district  the  cost  per  capita 
will  be  $20.  It  is  the  case  in  nearly  every  town  of  the  state.  I 
had  the  pleasure  recently  of  sitting  down  with  Mr.  Cartwright  and 
some  other  representative  men  and  going  over  the  list,  taking  one 
entire  county  and  just  comparing  the  tax  rate  and  the  cost  per 
capita  of  the  several  districts  of  that  county.  And  those  gentlemen 
know  the  startling  variation  and  inequalities  of  the  cost  per  pupil. 
I  had  a  case  before  me  only  last  week  with  the  following  condition : 
This  was  a  proposition  that  came  from  the  people  themselves,  on 
a  consolidation.  A  delegation,  with  the  district  superintendent, 
came  to  Albany  and  wanted  to  know  what  I  would  advise  in  their 
community.  Here  were  eight  districts.  The  farthest  which  any  in- 
habitant of  the  eight  districts  lived  from  a  central  point,  which  was 
a  railroad  station,  was  two  and  one-half  miles,  and  there  were  good 
hard  roads  all  through  the  community,  level  roads,  no  hills  in  the 
county,  one  of  the  best  agricultural  regions  in  the  whole  section  of 
the  state.  There  are  250  children  in  these  eight  districts.  Nearly 
all  of  the  farmers  in  that  entire  section  go  down  to  this  railroad 
station  with  their  milk.  There  is  a  large  milk  station  there.  It 
is  a  great  dairy  center. 

A  Case  in  Point 

The  delegation  said:  "We  would  advise  a  consolidation  of 
these  eight  districts."  And  I  said  to  them :  "What  do  your  people 
want?  Do  they  want  consolidation?"  They  said  that  some  did 
and  some  did  not.  That  the  proportion  was  about  two  to  one 
against.  I  said  I  would  not  advise  consolidation.  I  would  advise 
you  who  are  in  favor  of  consolidation  to  go  home  and  do  a  little 
missionary  work.  You  go  home  and  show  the  people  of  this  com- 
munity the  advantages  that  will  accrue  from  the  organization  of  a 
consolidated  school.  You  take  the  facts  that  can  be  produced  from 
other  centers  where  schools  have  been  consoliated,  and  show  your 
people  the  type  of  school  afforded  in  the  consolidated  district 
and  what  it  costs  to  maintain  the  school.  Take  the  actual  facts 
and  show  what  the  cost  per  capita  now  as  compared  to  what  it  was 
before  the  schools  were  consolidated,  and  then  see  if  you  cannot 
convince  them  that  they  are  in  favor  of  a  consolidated  school. 

There  were  three  districts  out  of  these  eight  through  which  a 
railroad  ran,  and  the  railroad  paid  about  one-fourth  of  the  taxes 

94 


of  the  three  districts.  I  said  to  these  representatives  :  "Who  are  con- 
tributing to  the  support  of  the  railroad?  Does  the  railroad  run  right 
through  those  three  districts  for  the  benefit  of  the  people  of  those 
three  districts,  and  is  the  railroad  getting  its  support  from  these 
three  districts?"  Why,  no.  Some  of  the  outlying  districts  were 
drawing  more  produce  and  shipping  it  over  the  railroads  than  the 
districts  through  which  it  ran,  and  these  roads  were  not  contributing 
a  dollar  to  the  support  of  these  outlying  schools.  In  some  of  these 
districts  the  tax  rate  w^as  a  mill  and  a  half,  in  others  it  was  fourteen 
mills.  In  some  of  these  districts  the  cost  per  capita  of  maintaining 
the  school  was  $19,  and  in  the  adjoining  districts  was  $51.  Now,  is 
there  any  reason  whatever  for  this  inequality  of  taxation?  The 
township  bill  means  an  equality  of  taxation  for  the  entire  town.  It 
means  that  all  of  the  property  of  the  town  shall  contribute  its  pro- 
portionate share  to  the  support  of  the  school. 

When  these  schools  were  originally  laid  out  the}'^  were  not  laid 
out  upon  any  particular  lines.  They  were  laid  out  to  meet  the  needs 
of  the  civilization  of  that  day.  Here  were  a  group  of  men  who 
settled  in  the  country,  and  they  needed  a  school,  and  a  school  was 
established.  And  then  some  other  people  settled  in  another  center 
and  they  needed  a  school,  and  a  school  was  established  there.  And 
we  have  continued  these  old  organizations  w^hich  began  in  1795, 
which  were  revived  in  1812,  and  which  have  stood  from  that  time 
down  to  the  present  time  without  material  modification. 

Don't  you  think  I  am  not  in  sympathy  with  the  one-room 
school.  Let  me  say  to  you  that  I  was  born  in  the  country,  and  that 
I  have  taught  the  one-room  school.  I  have  supervised  the  one-room 
school.  There  is  no  kind  of  farm  work  which  I  have  not  done.  And 
I  am  in  full  sympathy  with  these  country  schools.  The  question  is 
not  what  have  these  schools  done  in  the  past.  The  question  is  do 
the  rural  schools,  under  their  present  organization,  provide  the 
type  of  education  demanded  to-day.  If  they  do  not,  then  such  or- 
ganization should  give  way  to  one  that  shall. 

Other  States  Have  Surpassed  New  York 

Now,  the  county  unit  of  administration  of  schools  in  this 
state  is  a  least  seventy-five  years  away  from  us,  as  I  look  at  it, 
because  we  have  been  trying  for  fifty  years  to  adopt  in  this  state 
the  township  unit,  and  we  have  failed.  Our  neighbor,  Massa- 
chusetts, worked  for  fifty  years  before  she  succeeded  in  getting 
the  township  system,  and  only  last  week  a  man  from  the  state  of 
Massachusetts,  who  is  now  living  in  Otsego  County,  came  to  me 
and  said,  "W^hy  cannot  \xe  have  a  good  community  school  in  New 

95 


York  State?"  I  said,  "There  is  no  objection.  You  go  home  and 
you  show  to  the  people  that  a  community  school  is  an  asset  to 
your  farm,  and  do  missionary  work  with  your  people  and  see  if 
you  cannot  get  your  school." 

The  consolidation  of  rural  schools  is  a  question  receiving  atten- 
tion throughout  the  entire  country.  It  is  a  movement  based  on  the 
civilization  of  the  day,  and  it  is  one  which  is  going  to  extend  its 
influence.  More  and  more  people  in  our  own  state  are  coming 
to  believe  that  the  best  type  of  rural  school  is  to  be  found  in  the 
consolidation  of  several  small,  weak  districts.  Those  interested  in 
the  proper  development  of  rural  schools  should  come  to  an  agree- 
ment upon  the  legislation  which  is  necessary,  so  that  any  modifica- 
tion of  the  present  system  shall  be  along  proper  lines  and  so  that 
those  interested  in  such  schools  shall  be  satisfied  with  the  reorgan- 
ized system.  Many  of  the  agricultural  states  through  the  west  are 
maintaining  better  rural  schools  than  are  maintained  in  New  York 
state.  This  is  due  to  the  fact  that  the  people  in  these  states  believe 
that  the  boys  and  girls  who  come  from  the  farms  are  entitled  to 
have  the  same  opportunity  to  obtain  an  education  that  is  afforded 
the  boys  and  girls  living  in  the  more  populous  centers.  It  is 
possible  to  maintain  schools  in  the  agricultural  regions  where  agri- 
cultural and  home-making  courses  are  taught  just  as  effectively 
as  other  vocational  courses  are  taught  in  the  cities  and  large  vil- 
lages. 

If  your  organization  is  able  to  contribute  to  a  modification  of 
the  present  system  of  rural  schools,  so  that  these  schools  may  pro- 
vide a  type  of  education  which  is  demanded  by  the  development 
of  our  agricultural  interests  and  the  intellectual  needs  of  the 
children  in  our  agricultural  sections,  you  will  have  rendered  a  great 
•^f^rvice  to  the  state. 

[Commissioner  Finegan  was  obliged  to  leave  immediately  after  his  address.  Therefore, 
there   was  no   opportunity   to   discuss   with   him   the    subject   of    his   stirring    speech.] 

Chairman  Stilwell :  We  are  sorry  that  Dr.  Finegan  had  to 
hurry  away  to  catch  a  train,  because  I  know  that  many  of  us 
would  like  to  have  asked  him  questions  and  discussed  his  inspiring 
subject  with  him.  Right  here,  before  the  next  speaker  is  intro- 
duced, we  will  have  a  report  from  the  legislative  committee  of 
the  County  Government  Association,  by  Mr.  H.  S.  Gilbertson, 
member  of  the  executive  committee  of  that  association. 


96 


LEGISLATION  PROGRAM  OF  THE  COUNTY  GOVERNMENT 

ASSOCIATION 

H.   S.  GILBERTSON 

The  Association  finds  itself  in  about  the  same  position  in  re- 
spect to  legislation  as  it  found  itself  a  year  ago.  That  is,  there  has 
nothing  of  any  fundamental  consequence  come  about  during  the 
past  year  that  would  lead  us  to  change  our  tactics  or  our  program. 
We  have  not  discovered  any  great  change  in  our  own  minds,  and 
there  has  been  no  change  in  the  situation  itself.  So  the  legislative 
committee  would  recommend  to  the  conference  what  has  already 
been  agreed  upon  by  the  executive  committee  of  the  association. 

I  will  not  read  the  entire  report,  but  simply  summarize  it.  In 
the  first  place,  for  immediate  consideration  by  the  legislature  we 
propose  to  recommend  and  to  introduce  in  the  legislature  at  its 
coming  session  a  bill  which  will  permit  any  county  to  adopt  an 
optional  form  of  government,  that  is,  an  option  to  the  present 
form  of  government  in  which  the  governing  board  consists  of  the 
supervisors  of  the  several  towns ;  that  optional  form  to  consist 
of  a  board  of  supervisors,  a  small  board  elected  at  large  in  the 
county,  and  that  board  to  be  required  to  appoint  a  county  manager, 
following  the  plan  of  government  which  is  in  successful  operation 
in  cities  in  some  forty  American  states.  That  is  the  only  type  of 
simplified  government  upon  which  we  have  come  to  any  even 
tentative  agreement  as  to  what  is  desirable  as  an  alternative  to  the 
present  system. 

In  the  second  place,  we  looked  forward  beyond  what  can  be 
accomplished  under  the  present  constitution  to  the  time  when  the 
counties  of  this  state  will  have  the  same  opportunities  to  frame 
and  adopt  charters  of  their  own,  that  a  number  of  the  states  have 
in  this  country  given  to  cities.  That  is  the  power  of  local  home 
rule,  at  least  so  far  as  the  government  and  the  form  of  govern- 
ment of  the  county  is  concerned.  Not,  probably,  in  the  first  in- 
stance, will  such  local  power  ramify  to  the  same  general  extent 
as  in  cities  of  states  in  the  west  under  their  home  rule  provision; 
but  simply  relating  to  the  government,  in  order  that  every  county 
may  adapt  its  government  to  its  own  peculiar  conditions. 

In  another  bill  we  propose  to  ask  the  legislature  for  an  official 
investigating  committee.  At  this  conference  and  in  our  study  of 
county  government  between  conferences,  we  have  discovered  that 
there  is  a  good  deal  that  is  wrong  about  county  government.  We 
have  seen  certain  symptoms  appearing  again  and  again  in  difi^erent 
counties,  and  we  very  strongly  suspect  that  back  of  those  symp- 

97 


toms  there  is  a  very  general  condition  of  inefficiency,  which  in 
some  counties  reaches  a  condition  of  corruption.  We  believe  that 
those  symptoms  are  so  strong  and  must  be  so  widespread,  because 
they  have  appeared  in  so  many  places,  that  it  would  well  repay 
the  legislature  and  the  people  of  this  state  to  appropriate  at  least 
a  small  sum  of  money  and  make  a  general  investigation,  more  or 
less  thorough,  of  the  county  system  and  recommend  measures 
for  its  change. 

Now,  to  sum  up  these  matters,  I  wish  to  present  to  the  con- 
ference two  OF  three  brief  resolutions : 

RESOLVED,  That  it  is  the  sense  of  this  conference  that  the 
executive  committee  prepare  and  cause  to  be  introduced  in  the 
legislature  when  deemed  expedient,  the  following  measures : 

First.  A  constitutional  amendment  designed  to  secure  a 
larger  measure  of  control  by  the  people  of  the  counties  and  their 
elected  representatives  in  the  matter  of  determining  the  form  of 
their  county  government  and  such  other  public  matters  as  are  of 
exclusive  or  peculiar  interest  to  individual  counties. 

Second.  A  bill  designed  to  secure  to  the  people  of  the  coun- 
ties under  present  constitutional  provisions,  the  right  to  make  a 
choice  between  the  present  form  of  county  government  and  at 
least  one  simplified  form  of  government  which  shall  provide  for 
the  erection  of  a  small  county  governing  body  elected  by  the 
county  at  large,  which  shall  act  through  a  county  manager,  who 
shall  have  the  power  to  appoint  and  remove  the  principal  county 
officers  not  required  by  the  constitution  to  be  elected. 

BE  IT  FURTHER  RESOLVED,  In  view  of  the  numerous  evi- 
dences of  gross  inefficiency  and  negligence  which  have  been  revealed 
by  superficial  and  casual  investigation  within  recent  years  in  many 
counties,  and  which  in  some  counties  have  reached  the  point  of 
flagrant  corruption,  that  the  legislature  of  1917  be  requested  to 
direct  the  appointment  of  a  commission  to  make  a  more  thorough 
investigation  of  conditions  prevailing  throughout  the  state  affect- 
ing the  organization  and  management  of  the  several  counties,  and 
to  make  recommendations  for  the  improvement  of  such  organiza- 
tion and  management. 

Upon  motion,  duly  made  and  seconded,  the  resolutions  were 
adopted. 

Chairman  Stilwell :  We  regret,  as  you  all  will,  to  have  this 
telegram :  "Train  three  hours  late.  Much  disappointed.  Thomas 
Mott  Osborne."  Mr.  Osborne  left  Chicago  especially  to  reach  here, 
on  a  train  that  was  due  to  be  here  in  time  for  this  meeting,  but  for 

98 


some  reason  the  train  is  so  late  that  he  will  probably  not  reach 
here  until  after  our  meeting  is  closed.  A  telegram  about  the  time 
we  opened  the  meeting  was  to  the  effect  that  the  train  was  making 
up  some  of  its  lost  time  and  might  be  here  so  that  Mr.  Osborne  could 
speak  at  the  end  of  our  program.  But  we  have  with  us  a  speaker 
who  is  qualified  to  talk  upon  this  same  subject  that  we  were  expect- 
ing Mr.  Osborne  to  speak  upon.  Dr.  Hastings  H.  Hart,  of  the 
Russell  Sage  Foundation,  Chairman  of  the  Jail  Committee  of  the 
American  Prison  Committee,  is  to  talk  on  County  Jails  and  Local 
Penology. 

For  the  ladies  here,  I  think  it  is  all  right  for  me  to  tell  you 
confidentially  what  I  heard  out  in  the  hall  between  Mr.  Hart  and 
Commissioner  Finnegan.  Somebody  asked  why  so  many  good  look- 
ing ladies  are  coming  to  this  meeting  to-night,  and  Mr.  Hart  said, 
"I  guess  it  is  because  they  knew  I  was  going  to  be  here."  Com- 
missioner Finnegan  was  nearby  and  he  said,  "You  are  wrong.  I 
was  just  saying  the  reason  was,  they  knew  I  was  going  to  be  here." 
That  shows  you  how  vain  a  man  can  be.  (Laughter.)  I  am  sure 
there  are  two  dozen  men  in  this  room  who  are  just  as  attractive  to 
ladies  as  Mr.  Hart,  but  I  do  not  know  anybody  who  can  speak  as 
well  for  themselves  as  they  can,  and  I  do  not  know  anybody  among 
them  who  can  speak  as  well  as  Mr.  Hart  can.  (Laughter  and 
applause.) 

ADDRESS 
COUNTY  JAILS  AND  LOCAL  PENOLOGY 

HASTINGS  H.  HART,  LL.D.,  of  the  Russell  Sage  Foundation 

Of  course,  Dr.  Finegan  was  mistaken.  But  I  forgive  him  for 
his  vanity.  (Laughter.)  I  am  also  willing  to  agree  with  Chairman 
Stilwell  in  the  high  compliment  he  paid  to  two  dozen  men  in  this 
audience,  especially  in  view  of  the  high  compliment  to  me  with  which 
he  ended  his  introduction.     (Laughter  and  applause.) 

I  am  to  talk  tonight  about  county  jails.  Perhaps  it  will  seem 
to  you  not  to  be  an  inviting  subject.  But  there  are  things  about  it 
that  we  need  to  know,  and  there  are  things  about  it  that  seem 
to  me  exceedingly  interesting.  My  knowledge  on  this  subject 
and  my  interest  in  it  is  based  upon  an  experience  of  fifteen  years 
as  an  inspector  of  county  jails  and  public  institutions,  and  an 
experience  of  thirty-three  years  in  which  I  have  been  an  interested 
observer  of  these  institutions. 

99 


When  we  think  about  the  jails  or  the  prisons  we  are  apt  to 
feel  as  if  it  were  something  very  remote  from  us.  What  do  we, 
respectable  and  law-abiding  people,  have  to  do  with  the  thieves  and 
the  vagabonds  and  the  miscreants  that  fill  our  county  jails? 

I  am  not  going  to  say  anything  about  the  women,  because  the 
women  are  law-abiding,  but  I  will  undertake  to  say  that  there  is 
not  a  man  sitting  in  this  room  that  has  not  at  some  time  in  his 
life  committed  an  act  that  on  a  strict  construction  of  the  law  would 
have  to  be  labeled  a  crime  and  might  have  brought  him  into  jail. 
If  you  have  never  stolen  a  watermelon  in  the  dark  of  the  moon, 
if  you  never  snatched  a  handful  of  peanuts  when  the  vendor's  back 
was  turned,  you  may  perhaps  have  put  into  the  mails  a  newspaper 
with  written  matter  on  the  margin.  But  that  is  a  crime,  punishable 
according  to  law. 

The  truth  is,  my  friends,  and  I  say  this  from  the  basis  of  a 
very  wide  experience  with  people  of  this  class,  that  the  people  that 
are  in  the  jails  are  wonderfully  like  the  rest  of  us.  Now,  if  that  is 
so,  why  should  we  interest  ourselves  with  these  people?  "If  they 
don't  like  jail,  let  them  keep  out  of  it,"  and  "It  isn't  a  good  thing 
to  make  jails  too  pleasant  places."  "Let  the  jails  be  so  administered 
that  the  people  will  beware  and  keep  out  of  them." 

Now  the  thing  I  want  to  have  you  consider,  and  I  am  speaking 
without  any  desire  to  make  a  sensation,  I  am  speaking  of  just  the 
plain,  simple  facts,  is  that  our  police  stations  and  our  county  jails 
are  designed  primarily  for  the  temporary  confinement  of  suspects, 
of  people  that  are  accused  of  a  crime.  The  constitution  and 
the  law  declare  that  every  man  shall  be  deemed  to  be  innocent  until 
he  is  proven  to  be  guilty,  and  that  should  be  strictly  construed. 
But  our  county  jails  are  used  for  the  detention  of  people  that  are 
not  accused  of  any  crime.  Today  a  group  of  us  have  visited  the 
county  jail  and  the  county  penitentiary  of  this  county.  And  there 
I  had  a  talk  with  an  officer  who  has  been  there  for  many  years.  He 
related  to  me  this  incident,  which  is  not  at  all  an  isolated  occur- 
rence. Some  time  ago  in  this  city  a  saloonkeeper  was  arrested  for 
a  violation  of  the  excise  law.  There  happened  to  be  present  in 
that  saloon  two  men  who  were  strangers.  They  did  not  belong 
here  and  were  not  known  to  the  police.  But  these  men,  being 
present  and  having  had  an  opportunity  to  observe  the  violation 
of  the  law,  were  taken  charge  of  by  the  deputy  sheriff  as  witnesses. 
Not  knowing  anybody  here,  these  men  could  not  give  bail ;  and  it 
being  deemed  necessary  to  have  their  testimony,  they  were  sent 
to  the  county  jail,  four  miles  from  here,  and  were  locked  up  and  kept 

100 


as  witnesses  in  the  case  for  three  months.  The  man  who  was  ac- 
cused of  the  crime,  the  saloonkeeper,  gave  bail  and  was  not  locked 
up  a  minute.  At  the  end  of  the  three  months  the  grand  jury  refused 
to  indict  the  saloonkeeper  and  there  was  no  case,  and  the  wit- 
nesses were  dismissed.  These  witnesses,  who  were  performing  a 
public  service  to  the  people,  were  confined  and  received  the  same 
treatment  as  the  ordinary  prisoner. 

And  that  is  not  an  isolated  case.  Another  case  that  was 
brought  to  my  attention  was  that  of  two  men  traveling  through  the 
State  of  Michigan.  They  were  driving  a  team.  They  were  rep- 
utable business  men,  but  were  strangers  in  that  part  of  the  coun- 
try. It  happened  that  the  team  that  they  were  driving  answered 
the  description  of  a  team  that  had  been  stolen,  and  these  men  were 
arrested  on  suspicion  of  having  stolen  the  team  and  were  locked 
up  in  jail.  They  had  to  stay  there  ten  days  before  they  were  able 
to  get  somebody  to  come  from  a  distance  and  identify  them  and 
prove  that  they  were  all  right.  Now  these  are  cases  for  the  pro- 
tection of  the  public. 

I  will  give  you  another  case.  In  the  city  of  Minneapolis  there 
was  brought  in  a  man  from  one  of  the  outlying  counties,  who  was 
put  into  the  county  jail.  This  county  jail  was  one  of  the  worst 
places  that  you  ever  saw.  There  were  five  tiers  of  cells.  Each 
one  of  these  cells  was  nine  feet  long  and  six  and  one-half  feet  wide, 
and  there  were  six  hammocks  strung  in  that  cell.  The  jail  was  so 
constructed  that  the  only  exercising  place  was  a  little  corridor  four 
feet  wide  in  front  of  the  cells.  At  the  end  was  a  place  intended  for 
a  bath,  but  there  were  no  facilities  for  bathing.  There  was  no 
place  where  a  man  could  keep  himself  clean  and  free  from  vermin, 
and  here  the  prisoner  was  compelled  to  listen  to  the  vilest  language 
of  the  thieves  and  vagabonds  confined  there.  Here  he  was  forced 
to  associate  with  the  vilest  criminals,  and  he  was  locked  in  that 
cell  with  five  other  men  from  nine  o'clock  at  night  until  six  o'clock 
at  morning.  That  man  lay  in  that  jail  for  three  months,  and  while 
he  was  there  his  young  wife  sickened  and  died.  While  he  was  there 
his  little  child  was  taken  sick  and  died.  When  he  was  brought  to 
court  the  judge  peremptorily  dismissed  the  case. 

I  will  give  you  another  case :  A  little  boy  nine  years  old  in  the 
city  of  St.  Paul,  Minnesota,  was  put  in  jail.  His  cellmate  was  a 
thief,  and  by  day  he  had  the  range  of  the  corridor  in  association 
with  the  vilest  kind  of  men,  who  would  take  pleasure  in  teaching 
that  child  the  vilest  kind  of  things.  I  want  to  say  if  he  was  my 
child  I  would  far  rather  he  had  spent  his  time  in  a  ward  of  small- 

101 


pox.  I  asked,  "What  has  that  boy  done?"  and  I  was  told  he  had 
been  arrested  on  a  charge  of  arson.  He  had  thoughtlessly  kindled 
a  fire  which  endangered  some  of  the  neighboring  buildings,  and  that 
boy  had  been  arrested  and  put  in  that  jail ! 

Now  the  jail  is  used,  and  necessarily  used,  for  the  incarcera- 
tion of  people  who  are  not  guilty  of  any  crime  ;  and  not  only  that, 
but  of  those  who  are  accused  of  crime,  a  very  large  proportion 
are  innocent.  At  least  a  great  many  of  them  are  never  convicted  of 
crime,  and  before  the  law  they  are  presumptively  innocent.  Many 
of  them  are  truly  innocent.  It  is  not  at  all  an  uncommon  thing 
for  some  young  girl,  employed  as  a  house  maid  in  a  family,  to  be 
arrested  because  her  mistress  has  missed  some  article  of  jewelry, 
and  she  is  locked  up  and  confined  in  the  jail.  After  she  has  been 
confined  in  jail  the  missing  article  of  jewelry  turns  up  and  her 
mistress  asks  to  have  the  case  dismissed  and  the  girl  acquitted. 

I  speak  of  these  things  to  indicate  that  it  is  proper  that  the 
question  of  our  jails  should  receive  a  certain  amount  of  considera- 
tion, because  many  of  the  people  who  are  confined  there  are  inno- 
cent. They  are  in  prison  for  the  public  good,  presumptively.  But 
further  than  that,  do  you  know  that  nearly  all  the  people  in  our 
jails  are  in  prison  for  debt?  Did  you  ever  know  that ?  We  thought 
we  had  gotten  rid  of  imprisoning  people  for  debt.  Two  young  fel- 
lows steal  a  horse  and  sell  it  and  divide  the  proceeds.  They  go 
their  way.  One  of  them  has  well-to-do  friends.  They  are  arrested. 
The  young  man  with  his  well-to-do  friends  appeals  to  them  and 
they  furnish  the  money  for  bail,  and  he  goes  free.  The  other  fel- 
low, who  is  no  more  guilty,  but  having  no  friends  to  provide  the 
money,  goes  to  jail.  He  is  locked  up.  Several  weeks  or  months 
later  when  the  time  comes  for  trial  they  are  both  convicted  and 
they  both  receive  the  identical  punishment.  Now  shouldn't  the 
boy  without  money  have  been  treated  with  at  least  decent  con- 
sideration until  he  was  convicted,  and  then  let  him  be  dealt  with 
according  to  the  law? 

You  have  in  your  jail  and  penitentiary  out  here  a  place  for 
the  punishment  of  misdemeanors.  Now  a  large  part  of  those  people 
that  are  sent  there  are  sent  for  petty  theft  or  for  vagrancy  or 
drunkenness.  They  are  sent  up  on  a  fine.  There  is  imposed  upon 
them  a  certain  amount  of  costs,  and  they  have  to  work  out  a  cer- 
tain length  of  time  to  pay  that  fine  and  those  costs.  Of  course  if 
a  man  has  a  wife  who  can  earn  enough  by  washing  to  pay  his 
costs  and  his  fine  he  can  be  discharged,  or  if  somebody  else  will 
advance  the  money  he  can  be  discharged.  In  other  words,  he  is 
held  because  he  cannot  pay  a  fine. 

102 


I  speak  of  these  things  because  in  a  large  proportion  of  cases, 
especially  in  these  petty  cases,  these  petty  offenses  that  send  people 
to  jail,  they  can  escape  the  penalty  of  imprisonment  if  they  can 
raise  the  money  to  pay  their  fine.  Not  only  that,  but  now  with 
the  probationary  system  in  a  large  proportion  of  cases  the  people 
that  were  formerly  sent  to  jail  are  put  on  probation.  I  speak, 
therefore,  for  the  prisoner  in  jail.  He  should  have  some  consid- 
eration. It  is  a  matter  that  is  altogether  too  much  overlooked, 
and  I  want  to  emphasize  it  just  as  much  as  I  can. 

I  am  sorry  that  Mr.  Osborne  is  not  here  to  tell  of  the  wonder- 
ful things  that  he  has  done  in  proving  to  the  public  that  it  is  possible 
to  manage  the  prisons  in  such  a  way  that  the  men  in  prison  will 
control  themselves  and  restrain  themselves  and  subject  themselves 
to  a  large  amount  of  self-denial.  And  I  want  to  say  this :  We 
recognize  that  Sing  Sing  ought  to  be  a  reformatory,  and 
Mr.  Osborne  has  done  everything  he  could  to  make  it  such.  We 
recognize  that  the  Elmira  institution,  the  state  prison  at  Elmira, 
siiould  be  a  reformatory  institution  where  young  men  who  have 
gone  wrong  shall  be  restored  to  right  doing  and  right  living.  We 
recognize  that  the  institution  at  Bedford,  of  which  Dr.  Katharine 
Davis  was  the  superintendent  for  many  years,  where  girls  who 
have  done  wrong  in  one  way  or  another  are  sent,  should  be  a  re- 
formatory for  women,  where  they  can  be  brought  up  to  a  higher 
standard  of  ideals  and  right  living. 

What  I  want  to  say  to  you  about  the  county  is  just  this, 
that  the  county  jail  and  the  county  penitentiary  ought  to  be  the 
most  reformatory  institutions  in  the  state.  Why,  there  always  has 
to  be  a  first  time  for  a  young  man  or  woman  to  come  into  the  hands 
of  the  law.  That  young  fellow  has  been  going  the  way  of  least 
resistance ;  he  has  been  playing  a  little  fast  and  it  has  been  passed 
over,  and  it  has  been  excused  by  a  kind  judge,  who  thinks  the 
young  fellow  ought  to  have  a  chance ;  but  by  and  by  he  goes  too 
far,  and  he  feels  the  hand  of  the  officer  upon  his  shoulder  and  he 
hears  him  say,  "Come  with  me,"  and  he  wakes  up  and  finds  that 
he  is  to  be  taken  and  put  into  the  jail.  Now  there  is  the  moment 
of  opportunity.  That  young  fellow  says,  "Good  God,  have  I  come 
to  this !  If  I  can  only  get  out  of  this  trouble,  you  will  never  catch 
me  in  anything  of  this  kind  again."  He  is  ashamed.  He  is  ready 
to  respond  to  any  helpful  interest.  What  do  we  do  with  that  young 
man  in  the  moment  of  opportunity.  Why,  he  is  taken  in  handcuffs 
through  the  public  streets.  He  is  taken  to  jail,  and  is  conducted 
through  an  iron  door  into  a  massive  place,  dark,  gloomy  and  for- 
bidding.   He  is  put  into  a  cell,  which  with  other  cells  form  what 

103 


we  call  a  cage.  In  that  cage  he  is  put  on  exhibition,  like  a  wild 
beast  in  a  menagerie. 

I  was  shocked  today  in  seeing  in  your  jail,  which  on  the  whole 
is  one  of  the  best  in  the  state,  a  sign  as  we  entered,  "Admission  15 
Cents."  Fifteen  cents  to  see  the  animals !  I  beg  of  you  that  that 
be  taken  down.  Fifteen  cents  to  go  in  and  see  the  animals  ex- 
hibited.    It  is  an  offense  against  humanity. 

Now  that  young  man  is  put  on  exhibition.  He  is  put  into  a 
place  like  a  jail  I  visited  yesterday  in  the  classical  city  of  New  Ha- 
ven;  a  jail  where  a  man  cannot  keep  himself  clean  and  free  from 
vermin.  That  is  a  fact,  a  man  cannot  keep  himself  clean  if  he 
wanted  to.  This  jail  which  you  have  out  here  is  different.  But 
in  the  City  of  New  Haven!  Think  of  it!  Well,  this  young  fellow 
is  put  into  a  place  where  he  is  forced  into  constant  association  with 
the  worst  people  that  can  be  found.  We  see  today  white  men  and 
negroes  huddled  together  in  a  cell  in  idleness,  entertaining  one  an- 
other. Now,  a  prisoner  who  is  serving  a  sentence  is  put  to 
work.  He  is  sent  out  to  the  farm  or  quarry  or  about  some  domestic 
work.  But  the  constitution  says  slavery  or  involuntary  servitude, 
except  for  crime,  shall  not  be  permitted  within  the  boundary  of 
the  United  States.  Consequently  the  prisoner  who  is  held  for  trial 
cannot  be  set  to  work,  unless  he  volunteers  to  work.  And  I  find 
that  generally  the  prisoners  who  are  waiting  trial  are  not  permitted 
to  work.  The  man  is  kept  in  idleness,  with  enforced  association 
with  these  vile  people.  This  young  fellow  is  ashamed  and  is  thor- 
oughly penitent,  but  immediately  these  other  fellows  when  they 
discover  that  he  is  soft  begin  to  ridicule  him.  They  begin 
to  fill  his  mind  with  mali're  and  resentment,  trying  to  inspire  in 
him  a  hatred  of  the  law.  They  fill  him  with  stories  of  their  crimi- 
nal experiences.  They  become  personally  acquainted  with  him,  and 
when  that  young  fellow  is  finally  released  from  jail  and  goes  out 
and  gets  a  job,  he  comes  down  the  street  some  day  and  he  meets 
one  of  these  fellows  that  he  got  acquainted  with  in  that  jail,  and 
that  fellow  says,  "Lend  me  half  a  dollar."  And  he  is  blackmailed 
and  perhaps  betrayed  to  his  employer,  and  driven  out  of  his  job! 

Let  us  take  such  measures  as  will  make  of  the  county  jail  a 
truly  reformatory  institution.  Let  us  seize  this  opportunity  of 
this  first  confmement.  Why,  you  can  do  more  for  the  reformation 
of  a  man  in  three  days  in  a  county  jail  if  you  have  a  proper  method 
than  you  can  in  three  months  after  he  has  gone  to  the  length  of 
being  sentenced.  So  I  think  you  will  consider  it  is  worth  while  to 
consider  county  jails. 

104 


I  wish  I  could  give  you  the  point  of  view  of  the  prisoner.  There 
is  no  such  thing  as  a  "criminal  class."  Those  people  inside  there 
are  humans.  They  are  men  and  they  are  women  like  you  and  me. 
They  are  influenced  by  the  same  passions  and  by  the  same  emotions 
and  by  the  same  interests.  Many  of  them  are  subnormal.  They 
are  people  who  are  lacking.  We  call  them  feeble-minded.  That 
is,  they  do  not  have  the  same  degree  of  mentality.  They  haven't 
the  same  resistance  of  will.  They  haven't  the  same  moral  endur- 
ance and  the  same  forces  that  go  to  make  up  life.  That  is  true. 
But  they  are  human.  The  most  important  thing  that  Mr.  Osborne 
has  done  is  to  treat  his  men  as  men,  and  to  meet  them  on  the  level. 
Now  let  us  consider  these  people  as  human. 

I  remember  meeting  a  prisoner,  long  ago,  and  something 
was  said  about  how  he  happened  to  be  in  prison,  and  he  said,  "I 
reckon  just  my  natural  cussedness  brought  me  here.  It  was  all 
about  a  horse."  He  said:  "I  bought  a  horse,  with  the  understand- 
ing that  if  I  liked  him  I  was  to  keep  him.  But  I  didn't  like  him,  so 
I  sold  him."    (Laughter.) 

You  know  Mr.  Osborne  has  been  doing  things  that  many 
people  imagine  are  new.  But  it  is  not  new.  His  plan  has  been 
tried  out,  not  as  fully,  perhaps,  as  he  has  tried  it,  but  nearly  a 
hundred  years  ago,  and  the  descendants  of  the  men  who  were 
brought  under  that  influence  in  those  days  are  respectable  citizens 
today.  Up  in  the  state  of  Michigan  there  was  an  old  chaplain, 
and  among  other  things  he  organized  some  literary  societies  among 
the  prisoners,  and  brought  in  some  humor  to  those  prisoners,  and 
some  life  and  interest.  Why,  dear  friends,  we  recognize  that  nor- 
mal life  today  requires  play.  Play  is  an  essential  part  of  the  normal 
life.  Look  at  our  theatres  and  our  moving  pictures  and  the  vaude- 
ville, and  even  the  interest  in  the  funny  part  of  the  Sunday  news- 
papers? But  a  little  humor,  a  little  joy,  a  little  laughter  is  a  good 
thing.  But  here  are  the  men  in  ouf  jails.  We  used  to  put  them  in 
stripes  and  shave  their  heads.  The  lowest  form  of  ignominy.  Gen- 
tlemen, I  would  advise  you  to  take  time  to  talk  and  laugh  while  you 
eat.  It  is  an  aid  to  digestion.  It  will  make  you  take  an  interest 
in  life.  But  here  are  these  poor  fellows  not  even  allowed  to  speak 
while  they  are  eating.  We  keep  them  sitting  silent  at  the  table, 
at  a  time  when  there  ought  to  be  some  activity  of  the  humorous 
part  of  man  in  order  to  digest  his  food.  We  hedge  him  up  with 
a  lot  of  rules.  He  is  nagged  by  his  officers,  and  is  made  to  feel 
that  he  is  degraded  and  debased.  And  then  if  anybody  should  allow 
some  of  those  prisoners  to  sit  down  and  play  a  game  of  checkers 
or  cards,  or  handball  in  the  court,  or  play  ball,  that  is  a  very  dread- 

105 


ful  thing.  These  men  are  punished  and  they  should  be  made  to 
feel  that  they  are  punished.  But  if  you  want  to  make  a  normal 
man  of  a  man  you  must  treat  him  normally.  You  cannot  expect 
him  to  go  out  and  be  a  normal  good  citizen  in  this  way.  We  turn 
him  out  of  the  jail  when  his  sentence  is  ended  and,  without  a  dollar 
in  his  pocket,  we  say,  go  and  be  a  good  citizen.  If  you  are  going  to 
trust  a  man  outside  of  the  wall,  you  must  trust  him  before  he 
goes  out.  You  must  trust  him  on  the  farm  and  send  him  out  to 
work.  It  is  felt  to  be  an  awful  disgrace  in  our  prisons  to  lose  a 
man.  It  is  better  to  lose  a  man  once  in  a  while  than  fail  to  develop 
that  which  is  human  in  him. 

I  went  and  saw  this  old  chaplain  in  Michigan.  And  there 
were  about  200  men  packed  in  a  room  about  half  the  size  of  this, 
and  they  were  debating  on  the  question,  "Which  has  the  greater 
influence,  example  or  precept?"  So  one  prisoner  got  up  and  made 
a  solemn  speech  to  prove  that  example  had  more  influence.  A 
negro  got  up  to  answer  him.  This  negro  had  been  one  of  the 
worst  men  of  the  prison.  He  would  fight  an  officer.  He  would 
fight  a  prisoner.  He  would  fight  a  visitor.  But  that  man  got  into 
that  literary  society  and  had  been  completely  reformed.  He  said, 
"Mr.  President  and  men.  The  question  is  'Has  example  more  influ- 
ence than  precept?'  That  man  that  has  just  spoke  don't  know  what 
he  is  talking  about.  Why,  Mr.  President,  how  was  it  before  the 
war?  Do  norf  sett  de  souf  an  example  of  not  having  any  slaves. 
What  good  did  dat  do?  By  and  by,  Abraham  Lincoln  he  gave 
de  precep !"  (Laughter.)  The  next  morning  I  went  into  the 
Sunday  school.  It  was  very  orderly  and  they  seemed  to  be  very 
attentive.  I  looked  around  and  I  said  to  the  chaplain,  how  do  you 
get  your  teachers.  He  said,  "Some  of  them  are  officers,  some  of 
them  are  prisoners,  and  some  of  them  are  citizens.  You  see  that 
class  over  there,  that  has  a  convict  teacher?  You  notice  how 
interested  they  are.  That  man  is  a  marvelous  Bible  student.  He 
has  original  ideas  of  Scripture.  He  was  out  for  a  while  and  we 
missed  him  very  much."     (Laughter.) 

Now,  that  may  seem  funny  to  you,  but  do  you  know  that 
might  have  been  all  regular.  It  is  a  very  common  thing  for  a  man 
for  a  prisoner  after  having  made  a  record  for  being  a  good  prisoner, 
to  go  out  and  be  arrested  for  something  he  committed  years  ago 
and  be  sent  back  again.  The  humors  of  the  jails  are  ghastly,  but 
they  are  real.  I  remember  inspecting  a  jail  in  Minnesota.  It  was 
the  first  time  I  visited  that  jail,  and  it  was  up  on  top  of  a  high 
hill.    I  inquired  for  the  sheriff ;  I  inquired  for  the  jailer ;  but  neither 

106 


one  of  them  was  there.  They  told  me  the  jailer  wasn't  at  home,  but 
they  thought  the  deputy  sheriff  had  the  key.  I  found  the  deputy 
sheriff,  and  he  said,  "Yes,  I  have  the  key.  I  will  get  it  for  you." 
He  felt  in  all  his  pockets  ;  he  looked  confused.  He  went  to  the  house 
and  came  back,  and  a  man  with  him.  He  said,  "Mr.  Hart,  this  is 
the  prisoner.  He  has  the  key."  (Laughter.)  Well,  I  learned  fur- 
ther about  that  man,  a  rather  interesting  story.  It  seems  that  the 
jail  was  rather  dirty  and  a  dismal  place,  and  it  was  laborious  to 
carry  the  food  up  the  hill,  and  it  was  easier,  I  suppose,  for  the 
man  to  carry  the  food  inside  of  him  than  in  a  basket.  I  made  my 
printed  report.  This  man,  it  seems,  had  been  administering  a  little 
necessary  family  discipline  and  his  wife  had  become  frightened  and 
she  had  jumped  into  a  well  and  was  drowned.  The  authorities,  I 
suppose,  were  more  lenient  because  the  poor  man  had  just  recently 
lost  his  wife.  (Laughter.) 

But,  my  friends,  if  I  were  to  tell  you  many  of  the  things  that 
exist  in  the  county  jails  you  would  not  believe  me,  and  I  am  afraid 
I  wouldn't  blame  you  or  ask  you  to  believe  me.  De  Tocqueville  said, 
"The  American  county  jail  is  the  worst  prison  in  the  world."  And 
I  will  say  to  you  solemnly,  based  upon  official  observation,  that  that 
indictment  stands  true  of  many  of  our  county  jails.  George 
Kennan,  who  had  come  back  from  Siberia,  told  about  the  terrible 
prisons  they  had  there,  and  I  said  to  him,  "I  will  show  you  within 
five  minutes'  distance  conditions  as  bad  as  any  you  have  described 
in  Siberia,"  and  I  could  have  done  it,  but  he  declined  to  go. 

Now,  then,  I  visited  yesterday,  a  county  jail  in  the  classical 
city  of  New  Haven,  Connecticut,  the  seat  of  Yale  University,  and 
this  is  what  I  found.  I  have  made  it  a  subject  of  a  written  report, 
which  is  on  file,  and  I  am  prepared  to  back  it  up.  I  took  the  pre- 
caution to  have  the  head  jailer  sit  down  and  read  it  through,  and 
he  said  "that  is  all  right  and  all  true."  I  found  that  there  was  no 
classification  of  women  prisoners,  whatever.  They  were  all  in  to- 
gether— prostitutes,  adventuresses,  confidence  women,  thieves  and 
young  shop  girls  arrested  on  suspicion,  and  young  women  about  to 
become  mothers,  and  two  with  babies,  one  of  them  a  beautiful 
child,  born  in  jail ;  and  there  was  no  classification.  They  were  just 
run  in  there  together.  I  found  that  the  jail  was  so  constructed 
that  the  only  access  to  the  women's  department  is  through  the 
kitchen,  and  the  kitchen  is  not  fireproof.  If  that  jail  were  to  catch 
fire  those  women  would  be  inevitably  roasted,  because  the  windows 
are  barricaded  by  heavy  iron  bars  laid  into  the  brickwork.  In  this 
place  the  cooking  is  done  by  the  women.    There  are  just  about  the 

107 


same  number  of  prisoners  as  in  this  county.  In  this  kitchen  there 
is  a  male  chef,  who  is  one  of  the  prisoners  there.  He  is  sent  in 
from  the  men's  department,  and  he  is  in  charge  of  that  part  of 
the  prison ;  and  the  clerk  told  me  confidentially  and  with  a  good 
deal  of  enthusiasm  what  a  splendid  man  that  chef  was.  He  says  if 
those  women  get  in  any  trouble  he  rules  them  with  a  rod  of  iron. 
Why,  he  slept  on  the  women's  side  in  a  little  room,  and  the  women 
in  charge  said  he  was  not  locked  in.  The  two  matrons  go  oflF  duty 
at  eight  o'clock  at  night,  and  the  women's  department  is  left 
in  charge  of  a  woman  prisoner.  And  that  is  in  New  Haven !  On 
the  men's  side  there  is  no  hospital.  If  an  insane  man  is  brought  in 
there  waiting  the  action  of  the  court  he  lies  in  a  cell.  If  he  is  a 
very  sick  man  then,  they  take  him  to  the  punishment  department, 
in  a  cell,  and  subject  that  sick  man  to  treatment  which  is  de- 
signed for  the  most  unruly  and  disturbing  prisoners.  The  doctor 
has  no  office,  but  he  has  the  use  of  the  officers'  barber  shop,  a 
little  room  9x10  feet,  and  he  is  paid  $300  a  year.  Half  of  those 
people  require  medical  attention.  In  that  9x10  room  he  has  a  few 
medicines,  and  a  few  more  are  kept  in  the  lobby  outside.  These 
matrons  that  have  charge  of  these  prisoners,  there  are  two  of  them 
that  are  responsible  for  twenty-four  hours'  duty,  are  paid  a  little 
less  than  the  wages  of  a  good  housemaid  in  New  Haven.  They 
get  $25  a  month  and  board,  for  the  most  difficult  class  of  work. 

This  astonished  me  most  of  all.  They  have  in  that  prison  the 
lease  system,  whereby  the  prisoners  are  sold  as  slaves  to  contrac- 
tors. The  people  of  New  Haven  sell  these  prisoners,  200  of  them, 
to  a  chair  factory,  the  prison  officers  every  morning  and  noon  deliv- 
ering those  men  at  the  shops  of  the  company.  And  the  contract 
provides  that  the  contractor  shall  furnish  suitable  men  to  guard 
those  prisoners  and  direct  their  work,  and  see  that  they  are  well 
behaved  and  that  they  do  a  fair  day's  work,  and  in  case  of  failure 
to  perform  those  duties  or  labor  the  contractor  shall  have  author- 
ity to  punish  the  prisoners  by  solitary  confinement  for  a  period 
not  exceeding  six  days,  unless  the  county  authorities  shall  consent 
to  extend  it.  Now,  that  means  that  these  men  are  absolutely  sold 
to  these  contractors  to  employ  them  for  their  own  benefit. 

By  tacit  agreement  the  right  of  punishment  has  been  suspend- 
ed. The  present  jailer  said,  "Gentlemen,  I  will  not  submit  to  the 
execution  of  that  contract.  I  will  reserve  to  myself  the  right  to 
punish  prisoners,"  and  he  is  exercising  it.  But  before  he  came  there 
the  contractors  exercised  that  right.  These  prisoners  are  working 
for  that  contractor,  and  he  pays  $7,000  a  year  for  their  services,  and 
as  far  as  I  could  learn,  the  light,  heat  and  power  for  the  plant  are 

108 


also  furnished  by  the  county,  which  would  eat  up  pretty  near  the 
whole  of  that  $7,000.  And  I  learned  that  last  year  about  $3,500 
was  rebated  to  the  contractor  for  time  the  prisoners  did  not  work. 
I  will  risk  my  reputation  that  these  men  would  earn  $1.00  a  day. 
They  are  producing  two  chairs  a  day  for  every  man  working  there. 
In  other  words,  they  are  getting  $60,000  worth  of  work  for  noth- 
ing. And  they  have  the  right  under  that  contract  to  treat  these 
men  as  slaves.    That  is  civilized,  cultured  New  Haven. 

And,  do  you  know,  the  county  does  not  even  furnish  these  men 
with  clothing.  And  there  is  no  laundry  in  the  building,  and  the  men 
are  expected  to  do  their  own  washing,  to  wash  their  own  clothing, 
to  wash  their  own  shirts  and  pillow  cases.  The  men  hang  their 
clothes  in  the  exercise  yard  or  they  may  hang  them  in  their  Cells. 
But  they  do  not  give  them  a  change  of  underclothing.  The  pris- 
oner puts  on  the  prison  overalls  and  shirt,  and  wears  them,  and 
that  is  all  the  clothes  he  is  furnished  with.  How  can  he  keep 
himself  clean?  Not  even  a  change  of  underclothing.  Now,  gen- 
tlemen, that  is  an  official  report  of  something  that  happened  yester- 
day, the  14th  day  of  December,  in  the  city  of  New  Haven,  Con- 
necticut. 

We  went  out  and  saw  a  jail  today.  This  place  here  seems  to 
be  a  paradise.  It  is  one  of  the  better  jails.  But  the  worst  thing 
about  your  jail  is  the  prisoners  have  no  place  for  wholesome  exer- 
cise. The  men  who  are  held  on  suspicion,  waiting  trial,  are  very 
much  worse  off  than  the  prisoners  who  are  working  out  their  sen- 
tence. The  men,  whom  the  law  presumes  to  be  innocent,  are  not 
allowed  to  work.  They  are  idle.  But  the  prisoners  who  are  serv- 
ing sentence  are  working  on  the  farm,  or  about  the  stables,  or  doing 
domestic  work,  but  the  people  who  are  awaiting  trial  are  kept  in 
idleness.  And  there  is  no  provision  for  the  outdoor  exercise  of  those 
men  in  this  jail.  There  is  no  school  there.  What  a  splendid  thing 
it  would  be  to  employ  somebody  to  go  out  there  and  carry  on  a 
school.  But  there  is  no  recreation.  I  find  that  they  let  the  pris- 
oners out  in  the  yard  for  a  while  on  Sundays,  and  some  of  the 
prisoners  get  some  little  yard  exercise,  but  there  is  no  systematic 
plan  for  recreation. 

Now  it  is  absolutely  cruel  that  those  people  should  be  kept 
month  after  month  that  way.  Why,  if  a  man  is  arrested  and  locked 
up  the  latter  part  of  May  he  has  to  wait  until  the  grand  jury  sits 
in  October;  he  has  to  stay  locked  up  in  your  jail  in  idleness,  with 
no  proper  place  for  exercise  and  no  recreation,  all  that  time,  until 
the  grand  jury  sits  and  ascertains  whether  the  facts  warrant  an 

109 


indictment.  Now,  that  is  the  condition  under  these  comparatively- 
favorable  circumstances.  They  furnish  suits  for  the  man  who  is 
serving  sentence,  but  the  man  who  is  awaiting  trial  is  not  furnished 
with  a  change  of  clothing,  even  in  this  county.  These  are  some  of 
the  things  you  have  yet  to  adjust,  and  when  you  contemplate  such 
a  case  as  these  two  men  I  have  mentioned  who  were  held  in  this 
place  as  witnesses  for  three  months  while  the  criminal  himself 
gave  bail  and  went  free,  you  will  realize  that  there  is  some  oppor- 
tunity for  improvement  in  the  administration  which  you  have. 
There  should  be  some  different  method  of  treatment  of  the  prison- 
ers who  are  serving  time  and  the  prisoners  who  are  held  awaiting 
trial  and  who  may  be  found  innocent.  As  it  is,  the  prisoner  who 
is  serving  time  is  allowed  to  work,  is  given  occupation,  while  the 
prisoner  awaiting  trial  is  kept  in  idleness.  And  it  is  the  same  in  the 
women's  department.  There  is  absolutely  no  classification,  except 
that  the  sentenced  prisoners  are  kept  in  one  department  and  the 
unsentenced  ones  in  another.  Now,  anyone  knows  the  difference 
between  a  hardened  prostitute  or  a  hardened  confidence  woman,  an 
adventuress,  and  some  young  girl  who  is  arrested  for  simply  an 
accusation  of  theft,  or  perhaps  shoplifting.  She  snatched  something 
in  a  department  store.  She  is  not  immoral.  Why,  the  association 
of  those  people  is  something  dreadful  to  contemplate.  But 
they  are  well  fed  and  the  prisoners  have  some  kind  of  decent  em- 
ployment. 

But  now,  what  should  be  done  here?  There  should  be  a  series 
of  cottages,  or  additions  in  the  form  of  cottages,  and  a  large  part  of 
those  prisoners  ought  to  live  in  groups  of  fifteen  or  twenty  men, 
and  they  should  be  gotten  out  onto  the  land.  They  ought  to  be 
put  into  the  best  possible  physical  condition.  These  men  should 
not  only  be  sent  to  work  on  the  farm,  but  some  of  them  should  be 
sent  out  and  employed  by  other  farmers,  and  part  of  their  wages 
should  go  to  the  county  and  part  of  it  to  the  support  of  the  pris- 
oners' families. 

We  are  just  entering  upon  a  new  era,  but  the  substance  of 
it  is  that  these  men  are  human,  and  they  should  be  treated  like 
humans.  We  should  study  how  they  can  be  rehabilitated.  How, 
instead  of  going  back  to  become  repeaters,  and  going  back  some 
fifty  or  sixty  times,  they  can  be  made  men  of,  and  good  law-abiding 
citizens.    I  thank  you. 

Chairman  Stilwell :    I  think  we  all  feel  that  Mr.  Hart  has  been 

a  good   substitute   for   Mr.   Osborne.     We   certainly   thank   him    for 
his  address.     And  we  thank  Dr.  Fi  negan.    And  as  this  conference 

110 


closes  I  think  it  is  proper  for  the  people  of  Syracuse  to  thank  the 
officers  of  the  County  Government  Association  of  the  state  who 
brought  this  conference  here.  We  thank  the  speakers,  those  who 
presented  papers,  those  who  have  discussed  the  questions,  and  the 
newspapers  who  have  given  publicity  to  what  this  conference  has 
presented.  We  cannot  attain  our  full  ideals  in  anything;  but  that 
doesn't  mean  that  we  shall  not  have  ideals.  It  doesn't  mean  that 
we  shall  not  all  the  while  be  thinking  about  ideals,  trying  to  de- 
termine what  our  ideals  should  be  and  trying  to  determine  how  near 
we  can  come  to  reaching  those  ideals.  We  all  must  have  them  in 
any  form  of  work  we  are  trying  to  carry  on  officially,  to  succeed. 

We  say  we  cannot  change  human  nature.  That  is  true.  Over 
and  over  again  it  is  true.  We  cannot  change  human  nature.  But 
that  doesn't  mean  that  we  shall  not  keep  studying  about  human 
nature,  trying  to  know  what  it  is,  trying  to  know  what  will  influ- 
ence men  and  women  in  different  circumstances  and  conditions  of 
life,  studying  to  find  under  what  conditions  human  nature  will  mani- 
fest itself  at  its  best,  whether  it  is  human  nature  of  the  voter, 
human  nature  of  the  office  holder  of  the  county  or  state,  human 
nature  in  the  political  party,  human  nature  in  the  legislature,  human 
nature  in  the  prison.  We  must  all  the  while  keep  studying  human 
nature  as  one  of  the  means  of  solving  the  problems  which  rest 
upon  us.  Now  this  conference  has  helped  us  to  think  about  our 
ideals,  to  think  about  human  nature,  and  to  think  about  the  means 
of  solving  the  problems  which  we  have  in  the  government  of  our 
county  and  state.  It  has  been  profitable  to  us,  and  we  thank  the 
Association  for  bringing  it  here. 


Ill 


ACCREDITED  DELEGATES  IN  ATTENDANCE 

(Continued  from  inside  page  of  front  cover) 

J.  R.  Clancy,  Syracuse. 

Prof.  A.  C.  Flick,  516  Ostrom  Avenue,  Syracuse. 

George  H.  Grouse,  Syracuse;  President,  Common  Council. 

Virgil  H.  Clymer,  626  Gurney  Building,  Syracuse. 

Helen  Hoy  Greeley,  17  West  8th  Street,  New  York  City;  Com- 
mittee for  State  Police. 

John  Parmenter,  Geneva;  Chairman,  Board  of  Supei-visors  of 
Ontario  County. 

W.  C.  Pease,  Caledonia;  Supei-visor,  Livingston  County. 

Thomas  W.  Slaight,  Tuscarora;  Supervisor,  Livingston  County. 

D.  F.  Russell,  Mt.  Morris;  Board  of  Supei-visors,  Livingston 
County. 

Gamble  Wilson,  Groveland;  Board  of  Supervisors,  Livingston 
County. 

Edward  Rosbach,  Syracuse;  Supervisor,  3d  Ward. 

Dennis  J.  Dwyer,  Syracuse;  Supervisor,  11th  Ward. 

C.  M.  Robinson,  Fayette. 

P.  F.  Milmoe,  Canastota ;  Supervisor  of  Town  of  Lenox,  Madison, 
County. 

Harvey  J.  Drake,  Buffalo;  Supemsor,  23d  Ward. 

George  S.  Draper,  Syracuse;  505  Emerson  Avenue. 

H.  C.  Littel,  1009  Lancaster  Avenue,  Syracuse. 

H.  S.  Gilbertson,  New  York  City ;  National  Short  Ballot  Organi- 
zation. 


TIMES  PRESS 
Mt.  Kisco.  N.  Y. 


COUNTY  GOVERNMENT  ASSOCIATION 
OF  NEW  YORK  STATE 

President 

William  M.  Baldwin, 
Garden  City 


Vice-Presidents 


Boothe  Colwell  Davis, 

Allegany  Co. 
Creighton  S.  Andrews, 

Cattaraugus  Co. 
Thomas  Mott  Osborne, 

Cayuga  Co. 
William  Heermans  Clark, 

Cortland  Co. 
John  K.  Sague, 

Dutchess  Co. 
George  S.  Buck, 

Erie  Co. 
James  W.  Wadsworth,  Jr., 

Livingston  Co. 
Bronson  Winthrop, 

Nassau  Co. 
Richard  S.  Childs, 

New  York  Co. 


Henry  J.  Cookinham,  Jr. 

Onieda  Co. 
Albert  T.  Eckel, 

Onondaga  Co. 
John  Parmenter, 

Ontario  Co. 
Neil  Gray,  Jr., 

Oswego  Co. 
Frank  S.  Hoffman, 

Schenectady  Co. 
Charles  E.  Treman, 

Tompkins  Co. 
V.  Ever  it  Macy, 

Westchester  Co. 
John  H,  Johnson, 

Yates  Co. 


William  M.  Baldwin 
George  S.  Buck 
Otho  G.  Cartwright 
H.  S.  Gilbertson 


Executive  Committee 

Wayne  D.  Heydecker 
George  J.  Nelbach 
J.  DeLancey  Verplanck 
J.  Mayhew  Wainwright 
William  J.  Wallin 


Connsel 

Oscar  R.  Houston, 
64  Wall  Street,  New  York 


Secretary  and  Treasurer 

Otho  G.  Cartwright, 
15  Court  Street,  White  Plains,  N.  Y. 


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